The answer is not simple. A conservative estimate says cerebral palsy is diagnosed in 2 to 2.5 out of 1,000 people. The Center for Disease Control and Prevention estimates that each year 10,000 new born babies will eventually be diagnosed with cerebral palsy. Currently, the United Cerebral Palsy Foundation estimates that 800,000 people are living with cerebral palsy in the United States. Were all these people the victim of medical malpractice? No. A recent study indicate that only about 10% of cerebral palsy cases can be blamed on medical malpractice.
So, let’s look a little deeper a cerebral palsy.
Cerebral palsy can result from a brain injury or from a lack of oxygen to the baby’s brain prior to birth, during birth, or as a young child. It cannot be cured. The medical terms used are hypoxia and anoxia. Hypoxia refers to a complete lack of oxygen to the brain. Anoxia refers to decreased or deprivation of oxygen to the brain.
In some cases, cerebral palsy is diagnosed shortly after birth, which makes determining a cause somewhat easier. Other times, it is not diagnosed until a child is several years old. This makes it more difficult to pinpoint a cause, because so many things could have occurred during the child’s young lifetime that might have caused cerebral palsy.
What causes cerebral palsy? Sometimes there is no identifiable cause. In other cases, cerebral palsy could be caused by issues not related to malpractice. Research suggests that infections in expectant mothers pose a significant risk to the fetus because, in response to the infection, the body produces toxins which might harm the baby’s brain. Fever in the mother could cause it. Low birth weights are also known to cause cerebral palsy. Between 40-50% of cerebral palsy cases occur in babies born prematurely. This is because babies born prematurely do not have fully developed organs, and this can contribute to a lack of oxygen getting to the brain even before delivery.
Cerebral palsy can result if an unborn baby suffers trauma or an injury, for example the mother is in a car accident, fell, suffered some sort of injury, or where the baby has had a stroke and suffered internal brain bleeding. Other conditions such as a ruptured uterus, detached placenta, or umbilical cord problem can cause cerebral palsy.
After birth anything that decreases the flow of oxygen to the brain can cause cerebral palsy, for example, near drowning or choking. Certain toxins, lead poisoning and severe jaundice are also known causes of cerebral palsy. Infections, such as meningitis, or a head injury sustained in a car accident or from a fall could cause cerebral palsy. There are also rare congenital conditions which might cause cerebral palsy.
Other times, medical malpractice may cause cerebral palsy.
Doctors and hospitals are educated on what to do in certain situations. Not only should they follow specific procedures in the course of a "normal" baby delivery, but they should be prepared and know how to act when certain foreseeable circumstances or complications arise. Because of the well understood situations that can occur before, during, and after delivery, there is no excuse when medical personnel do not make proper decisions and fail to take proper action.
Mistakes that can cause cerebral palsy during labor include failure to administer certain medications, administering wrong medications, improper fetal monitoring, improperly inducing labor, absence of the obstetrician during certain parts of labor, improper monitoring of the mother, and failing to note and address fetal distress.
Other obstetric decisions that can be problematic, such as failing or delaying to perform a c-section when circumstances require it. Sometimes, the positioning of the baby, or the condition of the baby (i.e. fetal distress, abnormal heart beat, or prolapsed umbilical cord) may mandate a c-section. When physicians fail to make a proper decisions, the complications that ensue can cut off oxygen to the brain and lead to cerebral palsy to perform a c-section may have alleviated all harm to the baby.
A smaller percentage of babies diagnosed with cerebral palsy are so due to malpractice after birth. Oxygen deprivation can occur where a baby with a high fever or who is in respiratory distress is not properly cared for.
To end were we began, to understand whether cerebral palsy was caused by medical malpractice or something else will require the analysis of an obstetrician. The expert obstetrician has a complete understanding of the multitude of medical and scientific issues involved, as well as the standards of care which doctors and hospitals should follow. Armed with this knowledge, the obstetrician can review the entire history of the pregnancy, examine the child, audit the medical records, analyze the actions of the doctor and hospital, and interview the parents. Only then can the question of the cause of the cerebral palsy be answered.
