1415 North Loop West, Suite 200
Houston, TX  77008
713.869.1240
888.791.5191
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info@talaskalawfirm.com
  

Robert J. Talaska
 Certified by the Texas Board of Legal Specialization
 Personal Injury Trial Law
Specializing in Birth Injury Law
 

 

Cerebral Palsy

Cerebral palsy is a condition characterized by an impairment of the body's ability to control movement and posture. It results from faulty development of, or damage to the "motor" areas of the brain, which are responsible for controlling movement. In some cases, cerebral palsy is accompanied by other manifestations of brain injury, such as seizures, intellectual impairment, behavioral problems, hearing deficits, or vision disorders.  The brain damage which causes cerebral palsyremains permanent from the time of injury. There is no cure for cerebral palsy, and it is not contagious.

Birth Trauma

Birth trauma refers to injuries babies can have because of doctor's mistakes. Babies can be seriously and permanently injured when problems are not handled properly by doctors. There are different types and causes of birth trauma. A discussion of cerebral palsy and brachial plexus injuries is presented here.  The pregnancy, labor and delivery, and newborn course mothers and babies can produce problems which doctors and nurses must recognize and treat. Problems with an unborn baby can result from lack of oxygen or blood flow to their brain. This most frequently occurs during labor and delivery when a fetus or unborn baby is undergoing stress from the mother's contractions. Babies of mothers who are diagnosed with high blood pressure, diabetes or other diseases are especially at risk for problems to occur. It is essential for doctors to thoroughly evaluate, monitor and diagnose problems during the pregnancy. If not, babies may not receive adequate oxygen over time in the womb. 

Low Oxygen Problems

During the birthing process doctors and nurses have the responsibility of making sure the baby does not suffer from lack of oxygen. 

Hypoxemia (which means decreased oxygen in the blood) and ischemia (which means decreased flow of blood) can combine to asphyxiate or suffocate the baby in the womb. If a baby becomes asphyxiated, this can lead to the brain becoming damaged. The injurious process is similar to a child who has nearly drowned in water and suffers brain damage. Doctors have developed electronic fetal monitors to provide information about how a baby is tolerating labor.

The monitor information is printed on a continuous strip of paper next to the laboring mom's bed. It tells the labor and delivery team about the unborn baby's heart rate as well as how the heart is responding to the mother's contractions. When interpreted properly, the labor and delivery team can determine when a baby is getting into trouble from lack of oxygen. Doctors call this fetal distress. 

The labor and delivery team must recognize changes on the fetal monitor tracing which show the baby is suffering from lack of oxygen and blood flow. They must promptly diagnose fetal distress. Once they do, the delivery of the baby must be promptly carried out by cesarean section. The cesarean section removes the baby from a womb which is no longer healthy for the baby; the baby is essentially suffocating in the womb. 

There are situations during pregnancy and the labor which can suddenly effect a baby's oxygen level. Doctors and nurses must promptly recognize and respond to the signs and symptoms of obstetrical emergencies which can cause brain injuries to babies. These include when the placenta tears and separates from the uterine wall (placental abruption), when the umbilical cord gets pinched if it slips out of the birth canal (cord prolapse); when the uterus splits open (uterine rupture), and sudden, prolonged decrease in the baby's heart rate (fetal bradycardia). In each of these emergencies, there is a dramatic decrease in oxygen and profusion of the blood circulating to the baby's brain. The labor and delivery team must rapidly deliver the baby in minutes by cesarean section before irreversible brain damage sets in. Minutes and seconds are critical in these types of obstetrical emergencies. Delay is inexcusable when doctors and nurses discover any of these complications.  

If the baby has suffered from lack of oxygen in the womb, the baby will be in a very stressed and depressed condition after birth. The baby may require endotracheal intubation to help him or her breath. They will probably be limp and floppy; they may experience seizure activity, and require a stay in the neonatal intensive care unit. The doctors will observe low Apgar scores and the lab tests will show acidosis, which is a low pH. Often the doctors will use ultrasound to look at the baby's brain, this might be followed up with CT scans or MRIs. 

Days or weeks later the baby will be discharged home. The pediatricians or neonatologists will advise the parents that their child is at risk for developmental problems. The problems may not be obvious until the child is one year of age or older. Ultimately the pediatrician or pediatric neurologist will make the diagnosis of cerebral palsy. Doctors might use the terms hypoxic ischemic encephalopathy, quadriparesis or other medical terms. Often the cerebral palsy could have been prevented had the labor and delivery team properly observed, monitored and acted promptly when the unborn baby demonstrated fetal distress. 
 

Traumatic Delivery and Vacuum Extractors and Forceps 
Obstetricians use mechanical instruments to assist in the delivery of babies. There are two types of instruments used in America to assist with deliveries - forceps and the vacuum extractors. Both of them, when used properly, can help safely deliver babies. Unfortunately, both of these powerful instruments can cause trauma to a baby's head and brain. Doctors must be careful in applying and pulling a baby's head with forceps and vacuum extractors. If they are placed incorrectly, and if the doctor uses too much pressure, pulls too hard or too often can all injure a baby's brain. There are several different areas of the brain that can be injured by forceps or vacuum extractors.  The trauma leads to bleeding within the brain. If the baby's brain has bleeding inside of it, this can lead to the child developing cerebral palsy. If one or both of these instruments are used, the newborn may at first appear to be normal and healthy. 

But beginning shortly after delivery the newborn may begin to have trouble breathing, turn blue, demonstrate seizure activity and other abnormal neurological signs. These sick babies often will be transferred to the neonatal or newborn intensive care unit where imaging studies - ultrasound, CT scans, or MRIs - are used to determine the area of the brain which is affected and to what extent.

After discharge from the hospital, the baby may not meet his milestones and demonstrate physical and mental impairment.

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