Cerebral Palsy

Cerebral palsy is a neurological condition appearing early in life that can affect gross and fine motor skills in both the legs and the arms (quadriparesis), either the legs or the arms (diplegia), or one side of the body (hemiparesis). Some children diagnosed with cerebral palsy also may develop seizures, have sensory deficits (such as hearing or vision loss), and/or suffer from mental retardation and learning disabilities. Children with cerebral palsy have special needs for costly medical and educational services that have the potential to dramatically improve the quality of their lives.

Sometimes the clinical condition of the baby immediately after birth will alert the parents to the fact that their child may have suffered a brain injury. In other cases, the parents may not realize that their baby suffered a brain injury until the child fails to achieve developmental milestones during the first years of life. When the parents ask physicians for an explanation as to why their child suffered an irreversible brain injury, they are often told that the outcome was unavoidable. However, some parents suspect that the facts and circumstances that led to the brain damage are not being fully disclosed. These parents may decide to retain an attorney to help them to investigate the cause and timing of their child's cerebral palsy to determine whether the cerebral palsy could have been prevented with proper obstetric or neonatal care or earlier delivery.

It is reasonable for parents to ask lawyers to review the medical records of a newborn - whether full term, low birth weight (less than 2,500 grams at birth), or born prematurely (less than 37 completed gestational weeks) to determine if the clinicians (including physicians, nurses, midwives, and residents): (1) diagnosed all maternal and fetal conditions capable of interfering with normal oxygenation of the fetus, (2) ordered appropriate tests to assess fetal well-being, (3) recognized nonreassuring fetal heart rate patterns and/or signs of fetal distress, (4) attempted appropriate interventions to eliminate the abnormal fetal heart rate and to increase oxygen delivery to the fetus, (5) recognized signs of progressive hypoxia and developing acidosis, and/or (6) expedited the delivery before the condition causing the abnormal fetal heart rate patterns resulted in irreversible brain injury or death.

Andrew Greenwald and Dov Apfel have the experience to evaluate these questions. They understand the causes of cerebral palsy and the different mechanisms that can cause irreversible brain injury and cerebral palsy. They have worked with qualified medical experts who are knowledgeable in a wide range of medical topics, including but not limited to: electronic fetal monitoring, placental pathology, pediatric neuroradiology, fetal testing, neonatology, pediatric neurology, genetics, maternal and neonatal infection, and high-risk pregnancy.

The economic burden of caring for a child with cerebral palsy is overwhelming. When the evidence establishes that the brain injury could have been prevented, it is reasonable for the parents to resort to the legal system to obtain financial assistance from the negligent parties to help the parents provide long term care for their child.