Cerebral palsy, or CP, is a relatively common motor disability and the most one seen in children. Technically a group of disorders, CP affects balance, movement, and posture. Caused by atypical brain development and/or brain damage, cerebral palsy is often associated with birth injuries. 

If your child was diagnosed with cerebral palsy, and you believe that medical negligence may be to blame, reach out to the team at Curtis & Co. With more than 40 years of combined experience, our Albuquerque cerebral palsy lawyers know how to evaluate claims and determine whether your child’s CP was the result of a birth injury or another form of medical malpractice. We understand that this is an extremely challenging diagnosis with numerous financial implications. Our goal is to help you and your child recover a fair settlement or verdict so that you can obtain critical medical care and manage other unexpected physical, emotional, and financial difficulties.

What is Cerebral Palsy?

As previously mentioned, cerebral palsy (CP) is a group of neurological disorders that permanently affect muscle tone, coordination, balance, posture, and movement. It is irreversible, but it is not degenerative, meaning it does not worsen over time. 

There are several different types of CP. These include: 

• Spastic CP: Spastic CP presents with a stiffness of the muscles, resulting in jerky movements in the arms and legs. Different types of spastic CP can also have varying effects, such as difficulty speaking, immobility, and curvature of the spine. 
• Dyskinetic CP: Dyskinetic CP involves slow, writhing movements, typically of the hands, arms, legs, and/or feet. In some cases, dyskinetic CP may also involve abnormal facial muscle functioning, resulting in grimacing or drooling, among other complications.
• Ataxic CP: Ataxic CP generally affects balance, coordination, and depth perception. People with this type of CP may have difficulties with fine motor skills, including writing. They may also have difficulties controlling voluntary movements. 
• Mixed CP: Mixed CP occurs when an individual presents symptoms and effects of multiple types of CP, or when their symptoms do not perfectly line up with one of the aforementioned types. For example, some muscles may be rigid, while others may be loose and “floppy.” 

The type and severity of CP significantly affects the individual’s overall outlook. Some people with milder forms of CP may lead relatively normal lives and only require assistance for certain tasks. Others with more severe cases may require extensive, around-the-clock care. 

Cerebral palsy has been associated with numerous secondary conditions, including but not limited to:

• Intellectual disabilities and cognitive impairment
• Learning disorders 
• Delayed development in children 
• Seizures 
• Hearing problems
• Difficulty speaking 
• Spinal deformities 
• Osteoarthritis 
• Impaired vision and blindness
• Drooling 
• Malnutrition and oral hygiene problems
• Incontinence 
• Contractures 
• Infections 
• Chronic illnesses 

Not everyone with cerebral palsy will experience these complications. Each individual is unique, and the exact effect of CP on a specific child will vary from one to the next.

Is Cerebral Palsy Always Caused by Medical Malpractice?

Although many cases of CP are the result of birth injuries and other forms of medical malpractice, many are not. At Curtis & Co., we only accept valid cases that we truly believe we can win. If we investigate your claim and do not find evidence of medical malpractice, we will let you know honestly. We will also explain what may have happened, even if a doctor will not. 

Your child’s cerebral palsy may be the result of medical malpractice if a doctor, nurse, midwife, obstetrician, hospital, or another medical provider failed to uphold the accepted standard of care. This means that they did something another qualified provider would not have done or failed to do something another qualified provider would have done in the same or similar circumstances. 

For example, if labor was prolonged but the doctor failed to order a timely C-section, resulting in the baby suffering oxygen deprivation and brain damage leading to CP, you could have a case. Additionally, if a nurse failed to properly notice and respond to signs of fetal distress during delivery, resulting in the baby suffering brain damage, you may also have a claim. 

We encourage you to reach out to our team as soon as possible to discuss your potential case. You have a limited amount of time to file a birth injury claim involving cerebral palsy in the state of New Mexico. The sooner you get in touch with us, the better.