Southfield Cerebral Palsy Lawyers

Supporting Children and Families Affected by Cerebral Palsy

Cerebral palsy (CP) is an umbrella term for several disorders affecting movement, posture, mobility, muscle tone, and muscle control. Its effects differ from person to person and range from mild to severe.

Although the effects appear in a person’s movements, CP originates in the brain. A malformation in the brain before birth or an injury occurring before, during, or just after birth can be the cause.

There is no cure for cerebral palsy. However, various therapies, medications, and assistive devices help children with CP develop their abilities and access opportunities in the world around them. Surgical interventions, drugs, and other treatments are constantly improving, dramatically improving the quality of life for many individuals with CP.

While CP typically doesn’t worsen over time, the symptoms can change during a person’s lifetime, requiring new types of care or new approaches to the person’s care. Emerging technologies and treatments continue to become available, allowing many individuals with CP to manage their conditions better and lead healthy, active lives.

However, medical care for any chronic condition can be extremely costly. If you suspect a birth injury caused your child’s CP, contact an experienced Southfield birth injury attorney. They can help you understand your options and secure the financial resources your child needs to manage the lifelong effects of CP.

Types and Symptoms of Cerebral Palsy

CP causes several types of movement disorders. The most common of these are spasticity (stiff muscles), dyskinesia (uncontrollable movements), and ataxia (difficulties with balance and coordination). Doctors classify individuals with CP by their primary movement disorder. Thus, there are four main classifications: spastic, dyskinetic, ataxic, and mixed CP.

Individuals with spastic cerebral palsy have increased muscle tone (“spasticity”), leading to stiff or jerky movements. This type is the most common, affecting about 80 percent of people with CP, according to the CDC. It varies widely in severity. Some individuals have spasticity only in their legs, leaving their arms mostly unaffected. In others, only one side of the body is affected.

In the most severe cases, the spasticity affects the entire body. These individuals may be unable to control their muscles well enough to walk or perform other basic movements. They often have lifelong challenges in other areas, including intellectual disabilities, seizures, and vision, speech, or hearing problems.

Dyskinetic cerebral palsy causes varying muscle tone, alternating between spastic and too loose. These changes can occur very rapidly, and their unpredictability can be a significant challenge, making it difficult to control muscle movements, especially in the limbs. Muscle problems in the face and tongue can lead to eating, swallowing, or talking issues.

Ataxic cerebral palsy affects balance and coordination. People with ataxic CP may have trouble walking steadily, moving quickly, or using fine motor control for skills like writing. Like other types of CP, ataxic cerebral palsy can affect muscles or areas of the body in different ways. For instance, one person may find their legs greatly affected but use their hands well, while another may be able to walk but struggle to reach for or grasp objects.

Mixed cerebral palsy occurs when a person has symptoms of more than one type of CP. Among those with mixed CP, the most common combination is spastic-dyskinetic CP.

Signs and Symptoms of CP in Children

All newborns must learn to control their motor movements, and every child progresses differently. Because of this variability, it can be challenging to identify the signs of CP. However, most children meet certain developmental milestones as they master mobility and motor skills. Consistently falling behind or failing to meet these milestones can indicate CP.

Parents and caregivers may notice that their child struggles to reach their first motor or movement milestones, like rolling over, sitting up, and moving their limbs. Other specific symptoms can also indicate CP. In infants under six months of age, these include:

• Trouble lifting the head or overextension of the head or neck.
• Infants who feel stiff or floppy when cradled.
• Stiff, crossed, or scissoring legs when picked up.

In infants between the ages of six months and one year, common signs of CP include:

• Inability to roll over in either direction.
• Struggling to bring their hands together, even when prompted (such as by offering a toy).
• “Pawing” at the air or their faces rather than bringing their hands to their mouth.
• Reaching with only one hand, keeping the other in a fist or drawn toward the body.

Older infants and young toddlers may show signs of cerebral palsy in awkward motor movements. For instance, they may crawl using only one arm and leg, dragging the limbs on the other side of their body. Others may scoot on their bottoms or knees rather than crawling.

If you notice these signs, talk to your child’s doctor immediately. Many treatments for CP are most effective when begun early in a child’s development, including physical therapy, speech and language therapy, and recreational therapy. Addressing problems with eating and drooling early in a child’s life can help prevent malnutrition and encourage healthy development.

Additional Common Conditions Occurring Alongside CP

Over half of individuals with CP also have at least one other co-occurring medical condition (also known as a “comorbidity” or “comorbid condition”). Common conditions that appear alongside cerebral palsy include:

• Autism Spectrum Disorder (ASD). While ASD appears in only about 1 to 2 percent of the general population, it appears in about 7 percent of children with CP.
• Delayed growth and development. Children with CP may be smaller in stature and suffer from poor muscular development, bone growth, and overall health.
• Epilepsy. Approximately 35 to 41 percent of children who have a CP diagnosis also have an epilepsy diagnosis.
• Intellectual disability. Between 30 to 50 percent of children with CP also have an intellectual disability, which can range from mild to severe.
• Multiple conditions. About 25 percent of children with cerebral palsy also have both epilepsy and an intellectual disability, the most common combination of conditions. Other combinations of comorbid conditions also exist.

Co-occurring conditions make your child’s life more challenging and their care more costly. If a birth injury caused your child’s CP, talk to an experienced Southfield attorney about securing the resources your child will need for lifelong care.

When Birth Injuries Cause Cerebral Palsy

The CDC estimates that 85 to 90 percent of cerebral palsy cases are congenital, resulting from brain malformation before birth. While congenital CP is no one’s fault, several risk factors are associated with congenital CP. These include premature birth, low birth weight, multiple births (twins or triplets), the use of fertility treatments before pregnancy, and infections that occur during pregnancy.

Appropriate prenatal care and monitoring can help reduce the risk of congenital CP. If you faced any of these risk factors during pregnancy and your child was born with CP, speak to an experienced attorney today. Medical decisions made during your prenatal care may have contributed to your child’s CP. If these decisions failed to meet the standard of care, you may have a medical malpractice case for your child’s birth injuries.

In approximately 10 to 15 percent of cases, cerebral palsy develops following an injury or illness at or after birth. This type of CP is called “acquired cerebral palsy.” Causes of acquired CP include certain brain infections and mismanagement of specific medical conditions, like infections or high bilirubin levels. Failure to provide appropriate care during childbirth may be grounds for a birth injury claim against your medical providers.

Bringing a Birth Injury Claim in Southfield, Michigan

Birth injury claims are a type of medical malpractice claim. In a medical malpractice claim, an injured person (or their parent or guardian) seeks to hold a medical provider accountable for failing to meet the standard of care in providing diagnosis, care, or treatment.

Michigan birth injury claims are subject to many rules and requirements, and pursuing a claim can be challenging. If you believe your child may have developed CP as a result of a birth injury, consult with an experienced birth injury attorney immediately.

What Are the Time Limits for Filing a Medical Malpractice Claim in Southfield?

It can take years before a child receives a CP diagnosis. How long do you have to file a medical malpractice claim if you believe your child’s condition resulted from a birth injury?

Michigan’s time limit for medical malpractice claims is typically two years from the date the injury occurred or six months from the date the injured person knew or reasonably could have known they’d been injured by malpractice (even if this date is more than two years after the injury date). However, most claims must be brought within six years of the injury date, no matter when the harm is discovered.

Some narrow exceptions exist to these time limits, including some applicable to claims involving children. Talk to a dedicated Southfield birth injury lawyer to understand precisely how these limits apply to your child’s situation.

Compensation Available for Southfield, Michigan, Medical Malpractice Claims

Damages in a Michigan birth injury claim are divided into economic and non-economic damages.

• Economic damages deal with financial losses. Typically, these are specific dollar amounts you can prove that you either paid or will have to pay for your child’s care. In a birth injury case, past economic damages compensate you for what you’ve already paid, while future economic damages provide support for your child in the future.
• Non-economic damages deal with losses that are harder to quantify but still quite real. These include pain and suffering, disability and disfigurement, and the loss of enjoyment of life.

The state of Michigan “caps” or “limits” non-economic damages in medical malpractice cases. There are two levels: one for the most extreme circumstances and one for all other injuries. The state Department of Treasury adjusts the caps each year for inflation. A Southfield birth injury attorney can help you fight for the maximum compensation under the correct cap.

Talk to an Experienced Southfield Cerebral Palsy Lawyer Today

When a birth injury causes cerebral palsy, your dreams and plans for your child may change in an instant. But one thing never changes – your fierce love and devotion to your child and your determination to give them the best life possible.

You don’t have to fight for your child’s future alone. To learn more about the connection between birth injuries and cerebral palsy, talk to an experienced Southfield cerebral palsy lawyer today. The team at Sommers Schwartz, P.C. is here to help. Contact us today to schedule a free, confidential consultation with one of our dedicated lawyers.