Cerebral Palsy Lawyer in Nashville, TN
Let Our Board Certified Specialists Help You
At Kinnard Law, we do not take our clients' tragedies lightly. If your child has cerebral palsy as a direct result of medical negligence, we understand that this may be one of the most difficult times of your life. Seeing harm done to your child can be extremely frustrating and heartbreaking.
While your child can still live a full life, there are practical expenses and emotional challenges that come along with raising a handicapped child. This is can a tremendous financial burden for any family—especially when it is caused by the actions of the very medical professionals tasked with protecting your child.
Kinnard Law—The Answer to Your Legal Obstacle
The good news is that you have legal options. Our Nashville birth injury lawyers can help you fight for the justice and compensation you deserve following a serious delivery room error or obstetrics malpractice. We have 150+ years of collective experience and Board-Certified Medical Malpractice Specialists on staff.
Call us today at (615) 933-2893. We look forward to helping you pursue a just outcome.
What is Cerebral Palsy?
Cerebral palsy (CP) is a group of neurological disorders that affect a person's ability to move and maintain balance and posture. CP is caused by abnormal brain development or damage to the developing brain, often before birth, but it can also occur during birth or shortly thereafter. The condition is permanent but not progressive, meaning it does not worsen over time.
Common Causes of Cerebral Palsy
Advancements in medicine allow doctors to be fully prepared for childbirth. They know what to expect, when a child is likely to arrive, and have many resources at their fingertips to react appropriately in emergencies. Unfortunately, this preciseness and medical efficiency does not always happen in labor and delivery.
Cerebral palsy can be caused by:
- Improper Use of Forceps or Vacuum Extraction Methods: Improper use of forceps or vacuum extraction during delivery can cause significant head trauma, brain injury, or bleeding inside the baby's brain. These injuries may lead to cerebral palsy, making it crucial for healthcare professionals to use these tools correctly.
- Improper Fetal Heartbeat Monitoring: Continuous monitoring of the fetal heartbeat is essential during labor to detect signs of distress. Failure to monitor properly or respond to abnormal heart rates can lead to prolonged oxygen deprivation, causing brain damage and cerebral palsy.
- Failure to Detect and Treat Maternal Infections: Maternal infections like rubella, cytomegalovirus, or herpes simplex virus can cause brain damage to the fetus if not properly diagnosed and treated. Negligence in managing these infections can result in cerebral palsy.
- Failure to Perform a Timely C-Section: A timely C-section is sometimes necessary to deliver a baby in distress. Delays in performing a C-section can prolong the baby’s exposure to dangerous conditions like hypoxia, increasing the risk of cerebral palsy.
- Mismanagement of Labor and Delivery: Prolonged labor or incorrect use of labor-inducing drugs can cause fetal distress and potential brain injury. Proper management of labor is crucial to prevent conditions that may lead to cerebral palsy.
- Umbilical Cord Complications: Conditions like cord prolapse or compression can cut off the baby’s oxygen supply during delivery. Failure to address these emergencies promptly can result in brain damage and cerebral palsy.
- Failure to Recognize and Treat Neonatal Jaundice: Severe neonatal jaundice can lead to kernicterus, causing brain damage due to high bilirubin levels. Failure to recognize and treat severe jaundice can result in cerebral palsy.
- Medication Errors: Incorrect dosages or wrong medications administered to the mother or baby can lead to harmful effects, including brain damage. Such medication errors can increase the risk of cerebral palsy.
- Failure to Address Preterm Birth Complications: Preterm babies are more susceptible to complications that can lead to cerebral palsy. Proper neonatal care is essential to manage these risks and prevent brain damage.
- Improper Handling of Neonatal Resuscitation: Incorrectly performed neonatal resuscitation can result in hypoxia, leading to brain damage and cerebral palsy. Proper handling of this critical situation is vital to prevent such outcomes.
All of these issues can be prevented when proper medical care is provided. There are even preventative measures that can be taken if a mother and child seem to be at risk. When a doctor or medical professional fails to identify these risk factors, medical negligence or malpractice may have played a part in your child’s diagnoses of cerebral palsy.
Symptoms of Cerebral Palsy
Symptoms of cerebral palsy appear within the first three years of life. Common symptoms include:
- Abnormal muscle tone resulting in slouching
- Delay of developmental milestones, including speaking or crawling
- Problems with feeding and sucking
- Unusual crawling
- Stiff or floppy movements
- Poor balance
- Easily startled
- Awkward positioning when lying down
- Coordination problems
- Hearing or eyesight issues
- Problems with bowel or bladder control
- Seizures
- Limited range of motion
- Swallowing problems
Types of Cerebral Palsy
There are three different types of cerebral palsy. The first is spastic cerebral palsy in which the child is stiff and has difficulty with movement. The second type is athetoid cerebral palsy where the child has uncontrolled and involuntary movements. The last type is ataxic cerebral palsy where the child has difficulty with balance and depth perception.
Can Cerebral Palsy be Treated?
Treating cerebral palsy focuses on managing symptoms, maximizing functional abilities, and improving quality of life. Since CP affects each individual differently, treatment plans are often personalized and may include a combination of therapies, medications, surgeries, and other interventions.
Here are the main components of CP treatment:
- Therapies: Physical therapy focuses on improving motor skills, strength, balance, and coordination through exercises, stretching, and mobility aids. Occupational therapy helps individuals develop skills for daily activities like dressing and eating, enhancing hand-eye coordination and fine motor skills. Speech and language therapy addresses communication challenges, improving speech clarity and language development, and may include alternative communication methods.
- Medications: Medications for CP often include muscle relaxants like baclofen or diazepam to reduce muscle stiffness and spasms. Botulinum toxin (Botox) injections are used to temporarily relax overactive muscles, improving movement and reducing pain. Anticonvulsants, such as valproate or levetiracetam, are prescribed for individuals with CP who also experience seizures.
- Surgical Interventions: Orthopedic surgery corrects musculoskeletal abnormalities, improving mobility and reducing pain from joint dislocations or contractures. Selective dorsal rhizotomy (SDR) involves cutting specific nerve fibers in the spinal cord to reduce muscle spasticity. These surgical interventions aim to enhance physical function and quality of life for individuals with CP.
- Assistive Devices and Technology: Mobility aids, such as wheelchairs, walkers, and canes, help individuals with CP move more independently. Orthotic devices like braces and splints support limbs, improve posture, and prevent contractures. Communication devices, including speech-generating devices, assist those with communication difficulties.
- Supportive Care: Nutritional support ensures individuals with CP receive adequate nutrition and addresses feeding difficulties. Psychological support, through counseling or therapy, helps manage emotional and behavioral issues, promoting mental health. Educational support includes special education services and individualized education programs (IEPs) tailored to the learning needs of children with CP.
- Family and Caregiver Support: Respite care provides temporary relief for primary caregivers, helping them manage stress and avoid burnout. Support groups connect families with others facing similar challenges, offering emotional support and shared experiences. This support network is crucial for the well-being of both individuals with CP and their caregivers.
- Holistic and Interdisciplinary Approach: A holistic and interdisciplinary approach involves a team of specialists, including pediatricians, neurologists, physical therapists, occupational therapists, and speech therapists, working together to manage CP. This comprehensive care addresses all aspects of the individual's condition, ensuring they receive the best possible support.
Treatment will be different for every child and may be very expensive depending upon the child's needs. Raising a child with cerebral palsy is often a very expensive undertaking due to the necessary treatment. If your child has cerebral palsy and you believe negligence caused by doctors or nurses during delivery is the cause, consider contacting an attorney specializing in medical malpractice.
We Are Here to Help. Set Up a Consultation.
Although there is nothing we can do to reverse this tragedy, we can help you obtain a measure of justice, hold the negligent doctor responsible, and help you obtain full and fair compensation for your child's special needs.
Our Nashville cerebral palsy attorneys handle our clients' cases with empathy and skill. You can focus on your family's recovery while we focus on fighting for the favorable outcome you need to move forward.
Let us be your advocates. Reach out to us at (615) 933-2893.
Verdicts & Settlements
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$55 Million Personal Injury
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$22.2 Million Medical Malpractice
Bette Donathan was in an automobile accident in Winchester, Tennessee. She had a broken leg.
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$15.2 Million Medical Malpractice
Randy Kinnard and Mary Ellen Morris of Kinnard Law obtained the largest verdict in Weakley County history for their 23 year-old client.
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$6.5 Million Medical Malpractice
A woman went into the hospital for a tubal ligation. The doctor put a small hole in her large colon during the procedure and did not recognize it.
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$5 Million Wrongful Death
On October 2, 2014, a Nashville jury held a pediatric clinic and local hospital accountable for the wrongful death of 22-month-old Ryder Laurent.
Hear From Our Happy Clients
At Kinnard Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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The legal team at Kinnard Law worked diligently to get my family compensation following a malpractice suit.- Lauren Price Cook
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This Law Firm has proven itself as absolutely professional, goal oriented, kind and compassionate in the past several years during my case.- H.W.
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Thank you Randy, Jennifer, and Cynthia so much for not only helping me get through what has been the hardest time of my life, but for always providing grace, trust, and a sense of comfort for what felt like an eternity.- T.H.
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What Kinnard Law achieved on account of conquering numerous hurdles was beyond remarkable and we are very grateful.- E.I.
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The process in its entirety took a couple years - which is longer than I anticipated, but also news to me, as it was the first lawsuit I have ever been a part of.- J.
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You have all been so kind and loving to our family!- J.S.
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Words can not express how grateful I am to have found your firm when I did.- T.R.
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Very helpful and knowledgeable and I would recommend them to anyone.- Constance