Labour always carries risk, though, with modern medicine and advanced antenatal care, these risks can often be avoided. In the case something does go wrong, the effects can be devastating both for the mother and the child.
Some birth injuries, such as cerebral palsy, can develop over time despite regular monitoring, resulting from a difficult birth or medical negligence. However, if your baby develops cerebral palsy due to negligence in the delivery room, then you have grounds to file for a cerebral palsy compensation claim.
What Is Cerebral Palsy?
Cerebral palsy is a brain injury that affects around 1 in every 400 children born in the UK every year. It refers to a group of disorders that affect muscle tone, movement and posture, and is caused by damage to the immature developing brain of the foetus. The damage can occur before, during or after birth.
Life expectancy is commonly unaffected in individuals with cerebral palsy, but the condition can come with increased expenses for care, education and loss of income for the individual and those around them.
In cases where the condition was preventable, it may be appropriate to bring a medical negligence claim for financial and emotional damages.
Learn more about what medical negligence means.
What causes cerebral palsy?
Cerebral palsy is the result of an abnormality or disruption in brain development, most frequently before the birth of a child. In many cases, the cause isn’t known.
The brain damage usually occurs before birth, but it can also occur during birth or post-partum. Some of the possible causes include:
• Asphyxia neonatorum (lack of oxygen to the brain during labour and delivery)
• Gene mutations
• Severe jaundice in either the mother or the infant, such as hyperbilirubinemia (increased levels of bilirubin in the blood) and kernicterus (a complication of untreated neonatal jaundice).
• Maternal infections, such as German measles and herpes simplex
• Brain infections, such as meningitis and encephalitis
• Intracranial haemorrhage, or bleeding into the brain
• Head injuries as a result of a fall, a car accident, or child abuse
Are there any risk factors for cerebral palsy?
The majority of cerebral palsy cases develop during pregnancy – they are not avoidable or preventable. Some of the reasons this might occur include:
• Prematurity
• A low birth weight (under 2.5lbs)
• Twin or multiple births
• Maternal and paternal age, especially if the mother is under 20 or over 40.
• Poorly treated maternal hyperthyroidism
• Early onset pre-eclampsia
• Foetal growth restrictions
Symptoms of Cerebral Palsy
Symptoms may not be obvious until a child is a few years old, but concerns may be raised if a child is not meeting gross motor milestones, such as sitting by eight months or walking by 18 months.
Other possible signs include:
• Stiff or floppy limbs
• Weak arms or legs
• Fidgety, jerky or clumsy movements
• Walking on tiptoes
• Problems with vision, hearing, speech and swallowing
There are a number of associated conditions a person with cerebral palsy may experience. Half of people with cerebral palsy will have a learning disability, a third have epilepsy, and one in four have behavioural problems. Some have issues with sleep, communication, feeding, and continence.
If you suspect your child has cerebral palsy or are concerned with their development, you should discuss their medical history and birth with your GP, who may refer you for examinations if cerebral palsy is suspected.
Diagnosis may be by way of brain scans, such as cranial ultrasound, MRI or CT scans to examine the brain. Other tests include an EEG to monitor brain activity, EMG to look at muscles and nerves, and blood tests.
Are there different types of cerebral palsy?
Because of the sophistication of the brain, cerebral palsy is a complex neurological disorder with a range of subdivisions. But generally speaking, there are three main types of cerebral palsy. Some people may experience a mix of all three types.
• Spastic –the most common type of cerebral palsy is characterised by tight and stiff muscle tone, reducing the range of movement. This can be painful, especially when muscles go into spasm involuntarily. Spastic cerebral palsy generally affects the individual’s walking and reflexes.
• Dyskinetic or Athetoid – sometimes called non-spastic cerebral palsy, this is where muscles have fluctuating tone. This can lead to involuntary movement in the face, torso and limbs; there may be lack of control over the tongue, vocal cords, and breathing. Dyskinetic cerebral palsy can cause floppy limbs and problems with posture.
• Ataxic – this generally affects balance, coordination and spatial awareness. People with ataxic cerebral palsy can usually walk, but movement may be shaky or tremored.
Depending on where in the brain the injury occurred, cerebral palsy can affect different parts of the body; you may hear the terms hemiplegia (one side of the body), monoplegia (one limb), diplegia (two limbs), or quadriplegia (all four limbs).
What is the prognosis for a child diagnosed with cerebral palsy?
There is no cure for cerebral palsy, but the initial brain injury does not get worse with age. Many people who have cerebral palsy live well into adulthood and can lead fulfilled, independent lives with the right support. However, cerebral palsy can put a strain on the body, particularly bones and joints.
Children with cerebral palsy should have their medical needs assessed by community care teams and receive support from the Department of Health and local authority. This may include NHS-funded physiotherapy, speech and language therapy, or occupational therapy. Any care plans should be continually reassessed with age or as needs change.
The incidence in the UK
Around 1,800 children are diagnosed every year in the UK (approximately 150 children every month), which equates to an incidence rate of 1 in 400 births.
Treatments for Cerebral Palsy
Cerebral palsy cannot be cured, but engaging with medical and therapeutic resources can help a child with cerebral palsy with physical and mental development as they grow up. It is also not progressive, meaning that the condition will not worsen over time.
Medications can be administered to help with managing symptoms of cerebral palsy and relieve pain, and surgery is typically a key element of treatment to help with physical mobility and to minimise pain.
A child with cerebral palsy may benefit greatly from therapy to assist with their development of fine and gross motor skills, speech and language, relaxation, and social skills, among many fundamental skills.
What are the long-term complications that result from cerebral palsy?
Muscle spasticity, muscle weakness, and coordination difficulties can contribute to a number of complications either during childhood or in adulthood. This includes:
• Contracture
Contracture refers to muscle tissue shortening due to severe muscle tightening (spasticity). Contracture can hinder bone growth, causing bones to bend and joints to deform. Often dislocation or partial dislocation can result.
• Mental health conditions
People with cerebral palsy are more likely to develop mental health conditions than the general population, with 50% of children who have been diagnosed with cerebral palsy having at least one mental health disorder. A brain injury or impairment can reduce the ability to cope with stress and change, and social isolation can compound these issues.
• Premature ageing
Some types of premature ageing are more likely to affect individuals with cerebral palsy in their 40s because of the stress this disorder puts on their systems.
• Malnutrition
Feeding or swallowing problems can make it difficult for individuals who have cerebral palsy, particularly an infant, to obtain enough nutrition. This can hinder growth and inhibit bone growth. Some children require a feeding tube to get adequate nutrition.
• Heart and lung disease
People with cerebral palsy have an increased risk of developing heart and lung disease and breathing difficulties.
If you believe that your child’s cerebral palsy could have been avoided with different medical care during your pregnancy or birth, please speak to our expert solicitors about bringing a cerebral palsy negligence claim today. We can talk you through your options and whether you might have a case.