Clinical Negligence
Cerebral Palsy
Definition
Cerebral palsy is not a single condition but rather a term used to describe a group of disorders impairing control of movement that appears in the first years of life.
The condition is caused by damage to, or inadequate development of, areas in the brain which disrupts the ability to control movement and posture. Symptoms include difficulty performing delicate tasks, maintaining balance, walking and involuntary movements. Some people also suffer from other problems including seizures and/or learning difficulties. Early signs usually appear before three years of age and affected children are frequently slow to reach developmental milestones. This condition is not progressive although its symptoms may change over time.
Categories
There are three main categories of cerebral palsy:-
- Spastic cerebral palsy is the most common form, affecting 70% to 80% of patients and the muscles remain in a constant state of increased involuntary reflex. Patients have one or more tight muscle groups which cause stiff and jerky movements and may have difficulty moving from one position to another or holding and letting go of objects.
- Athetoid cerebral palsy affects 10% to 20% of patients and is caused by damage to the areas of the brain that enables smooth co-ordinated movements and maintain body posture causing involuntary, purposeless movements, especially in the face, arms and trunk. These involuntary movements often interfere with speaking, feeding, reaching, grasping and other skills requiring coordinated movements.
- Ataxic cerebral palsy affects just 5% to 10% of patients and is characterised by poor muscle tone and altered sense of balance and depth of perception, leading to slow, uncoordinated, unsteady and shaky movement.
Causes
There are many causes of the development of cerebral palsy of which negligent medical treatment at birth is only one. The others include prematurity, antenatal infection and congenital malformation of the developing brain. Sometimes, the cause of cerebral palsy simply cannot be identified.
Medical Errors
Many, many children suffer from brain injuries at birth each year and go on to develop cerebral palsy as a result of the negligence of the doctors and/or midwives responsible for the mother's care during the labour and delivery.
There are many mistakes which are made during labour and delivery which result in brain injuries. The following are a few examples of these mistakes:-
- Leaving the child in the birth canal too long causing a lack of oxygen to the brain
- Not responding to changes in the fetal heart rate
- Failure to detect a prolapsed umbilical cord reducing oxygen supply
- Failure to perform a caesarean section in the presence of fetal distress
- Excessive use of vacuum extraction
- Improper use of delivery forceps
- Failure to plan a caesarean section for a potentially large baby
- Failure to respond to the mother's high blood pressure or toxaemia
In addition, failures in medical treatment may occur after the baby has been born. Such failures include:-
- Failure to recognise and treat seizures following delivery
- Failure to diagnose and treat jaundice
- Failure to diagnose and treat meningitis
- Failure to diagnose and treat hypoglycaemia
Diagnosis and Symptoms
It is unusual for a diagnosis of cerebral palsy to be communicated to the parents until the child is at least 9 months old and very often this diagnosis is not provided for 2 or 3 years. However, the common signs and symptoms associated with cerebral palsy include:-
- Difficulty using and controlling muscles
- Difficulty lifting and controlling the head
- Difficulty rolling over, crawling and sitting
- Difficulty with walking
- Difficulty with balance and co-ordination
- Difficulty with swallowing, eating and talking
- Visual difficulties
- Hearing difficulties
- Learning difficulties
If your child has cerebral palsy and you have ever been concerned that this may have resulted from inappropriate or inadequate medical treatment, contact us to establish whether or not your child might be entitled to pursue a claim for damages.
For a free initial discussion, without any obligation, contact Simon Parford by telephone on 01752 663295 or email.