A professor of physical medicine and rehabilitation at the University of Michigan’s Medical School said in a recent perspective article for the New England Journal of Medicine that cerebral palsy should be reframed and redefined as “the most common lifelong physical disability” instead of terming it a childhood disorder. Mark Peterson argues in his essay that defining cerebral palsy as primarily a pediatric condition contributes to uneven care for adults living with the disability. The U.S. Centers for Disease Control and Prevention (CDC) currently refers to cerebral palsy as “the most common motor disability in childhood.”
Why This Reframing is Important
Peterson says this focus and emphasis on early detection and treatment has skewed awareness of the permanent nature of the disability. He said it also led to data being scare on adults living with cerebral palsy and fosters a misperception among the general public that cerebral palsy only occurs in children. Cerebral palsy or CP is a group of disorders arising from issues in brain development or brain damage that result in weakness, muscle issues and other symptoms. According to the Cerebral Palsy Alliance Research Foundation, about 1 million people of all ages in the United States live with cerebral palsy.
Cerebral palsy advocacy groups have joined Peterson in using this new definition. It must be noted that adults with CP are at risk for complication such as diabetes, mental health disorders, cardiovascular disease, osteoporosis and other disorders. A 2023 study in Brain Sciences also found that adults with CP face limited resources and providers who lack expertise once they transition from adolescence to adulthood, which presents significant obstacles to getting the care and long-term benefits they need. Peterson hopes that this expanded definition can prompt additional research as well as new standards of treatment for adults with the disability.
Medical Carelessness That Leads to Cerebral Palsy
Medical negligence (carelessness) during prenatal care, labor, or delivery can be a contributing factor in cerebral palsy cases. When healthcare providers fail to adhere to standard medical practices, the resulting errors can have devastating consequences for both the infant and family.
One common instance of negligence (carelessness) that leads to cerebral palsy during birth is failing to monitor fetal distress. During labor, medical staff are expected to monitor the baby’s oxygen levels and heart rate. Prolonged oxygen deprivation (hypoxia) caused by umbilical cord issues, placental problems, or prolonged labor can result in brain damage leading to CP if not addressed promptly.
Improper use of delivery tools such as forceps or vacuum extractors is another potential factor in such medical malpractice cases. Incorrect application of these tools can cause trauma to the baby’s brain or skull, leading to CP. Additionally, errors in diagnosing or treating maternal infections during pregnancy can lead to complications affecting the baby’s brain development. Often times, failure to perform a timely cesarean section or C-section, especially in cases of a high-risk delivery, can result in serious birth injuries.
Medical Negligence (Carelessness) and Compensation
It is the responsibility of medical professionals to monitor the condition of the fetus and the mother and make decisions that reduce or eliminate a risky delivery. If your child has suffered a birth injury due to medical negligence (carelessness), then he or she may be able to receive compensation that helps pay for medical expenses, lost income, cost of therapy, future treatments, permanent injuries, disabilities, past and future pain and suffering, etc.
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. One of our clients secured a $2,850,000 verdict in an Erb’s palsy (brachial plexus palsy) case that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition, we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. One of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen cases where New York City Health and Hospitals Corporation facilities deliver babies who are born with cerebral palsy or brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.
The following list identifies some of these hospitals (operated by New York City Health and Hospitals Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.washingtonpost.com/wellness/2024/11/30/cerebral-palsy-lifelong-adult-disability/