Cerebral palsy, or CP, is a motor disability that is caused by abnormal brain development or damage to the brain during pregnancy, birth, or the first few years of a child’s life. CP is a group of chronic disorders that can affect movement, posture, and muscle tone. While there isn’t a cure for cerebral palsy, there are treatments that can improve functioning.
Preemies, or premature infants, are at a higher risk of developing CP compared to babies who are born full-term. While all premature births cannot be prevented, there are steps that physicians can take to reduce the risk of prematurity. A failure to appropriately monitor and treat both the mother and baby can be a type of medical negligence.
At the Birth Injury Lawyers Alliance (BILA), we are dedicated to advocating for families whose lives have been affected by a preventable birth injury. We work collaboratively with our clients to help them get justice for their baby’s birth injury. Reach out today to schedule a free consultation with a birth injury lawyer in your province.
When Is a Baby Considered a Preemie?
A baby who is born prematurely is often referred to as a “preemie.” A premature birth occurs when a baby is born too early – before the 37th week of pregnancy. Normally, a pregnancy should last for about 40 weeks.
There are different levels of premature birth. A newborn can be:
- Extremely preterm: born before 28 weeks of pregnancy
- Very preterm: born between 28 and 32 weeks of pregnancy
- Moderately preterm: born between 32 and 34 weeks of pregnancy
- Late preterm: born between 34 and 36 weeks of pregnancy
Being born 3 weeks or more before a calculated due date increases the risk of complications for the newborn. There is a higher risk of complications for babies born earlier.
There are a number of potential short-term and long-term complications for preemies. Shortly after birth, this may include breathing and heart problems, difficulty regulating body temperature, digestive issues, anemia, jaundice, and a higher risk of intraventricular hemorrhage (bleeding in the brain). Premature babies may also have difficulty with their metabolism, leading to low blood sugar levels, and a weaker immune system (compared to full-term babies).
Preemies are also at a higher risk of developing health problems over time. This includes conditions such as cerebral palsy (CP), learning difficulties, vision and hearing problems, dental issues, and behavioral and/or mental health issues. Preemies may also have a higher risk of ongoing health issues, like asthma, feeding problems, and even sudden infant death syndrome (SIDS).
The cause of premature birth isn’t always known. However, there are certain risk factors for prematurity. This includes:
- A multiple pregnancy (twins, triplets, etc.)
- In vitro fertilization and other types of assisted reproduction
- A prior premature birth
- A short period of time (less than 6 months) between pregnancies
- More than one prior miscarriage or abortion
- Issues with the uterus, cervix, or placenta
- Certain infections
- Maternal high blood pressure (preeclampsia)
- Gestational diabetes
- Smoking, drinking alcohol or using drugs during pregnancy
- Pregnancy before the age of 17 or after the age of 35
- Being underweight or overweight before pregnancy
- Stressful life events and/or physical trauma
In some cases, it isn’t possible to prevent a premature birth. However, there may be situations where inadequate prenatal care leads to a baby being delivered prematurely. This may then cause certain birth injuries – like CP.
Is Cerebral Palsy Linked to Premature Birth?
Studies show that premature birth is a significant risk factor for developing cerebral palsy. This risk is particularly high for babies who are born before 32 weeks. Approximately half of all children diagnosed with cerebral palsy were born prematurely.
Another known risk factor for developing cerebral palsy is low birth weight. Significantly, preemies are likely to have lower birth weights than infants who are born full-term. Preeclampsia can also double the risk of a baby developing CP. A baby born prematurely with a low birth weight and to a mother who suffered from preeclampsia has a nearly 20 times higher likelihood of being diagnosed with cerebral palsy.
Importantly, not every baby who is born prematurely will develop cerebral palsy. However, being born even slightly premature does increase the risk that a baby will develop CP.
Given the potential complications of premature birth, physicians should take steps to prevent it when possible. This may include carefully monitoring women who are at higher risk for premature birth, such as having had a previous premature birth. Certain medications, like progesterone supplementation, and procedures (such as a cerclage) can often reduce the likelihood of a premature birth.
Obstetricians should also closely monitor expecting mothers and evaluate them for risk factors. If a pregnant woman has risk factors for premature birth, such as preeclampsia, gestational diabetes, or an infection, the physician should monitor both her and the fetus closely and intervene when necessary to protect their health. A failure to do so could be a form of medical negligence.
Is It Possible to Prevent Cerebral Palsy?
Not all cases of cerebral palsy are preventable. However, some babies develop CP because of medical negligence and/or birth injuries. Doctors may be able to prevent cerebral palsy by providing proper prenatal care, managing chronic maternal health conditions, monitoring fetal development closely, and taking steps to prevent premature birth. They can also provide proper medical care during labour and delivery to prevent birth asphyxia and hypoxic-ischemic encephalopathy (HIE), both of which are associated with the brain damage that can cause cerebral palsy.
If your baby has been diagnosed with cerebral palsy, there is help. Contact BILA to learn more about your rights and options from an experienced birth injury lawyer in your province. We can also connect you with resources and support to help you navigate this difficult time.
Can Cerebral Palsy Be Diagnosed During Pregnancy?
No. Cerebral palsy cannot be diagnosed during pregnancy. In many cases, it is not diagnosed until a baby is at least 6 months of age – or over the age of 2. However, doctors can and should monitor expectant mothers who have risk factors for a baby developing cerebral palsy. This includes maternal infections, premature birth, severe neonatal jaundice, and complications during labour and delivery.
Monitoring these issues and treating them appropriately can reduce the likelihood that a baby is diagnosed with cerebral palsy after birth. If your child has cerebral palsy that you believe may have been caused by medical negligence, we can help. Reach out to BILA today to schedule an appointment with a birth injury lawyer in your province.
Signs of Cerebral Palsy in Newborns
Cerebral palsy is a movement disorder that is caused by damage to the brain prior to birth. CP affects each person differently. The symptoms can range from relatively mild to very serious.
Many signs and symptoms of cerebral palsy don’t show up until a baby is older. For example, they may favor one side of their body when they start to crawl or have difficulty with balance and coordination. There are also signs of cerebral palsy that may be seen in preemies.
In newborns, parents may notice some or all of the following symptoms:
- Excessive drooling and/or difficulty swallowing
- Abnormal muscle tone (being too stiff or too floppy)
- Stiffness of joints and/or muscles (spasticity)
- Difficulty with suckling
- Seizures
- Inability to hold their head when picked up from lying on their back
- When picked up, their legs cross or get stiff
- Arching their back and neck when held, as though they are pushing away from you.
If you notice any of these signs in your premature infant, you should talk to their pediatrician about an evaluation for cerebral palsy. This is especially important if your baby has any risk factors for CP in addition to premature birth.
Many children are not diagnosed with CP until age 2 or later because the signs of this condition often are not obvious until your child starts to show delays in hitting developmental milestones. While there is not a cure for cerebral palsy, there are treatments that can help your child’s day-to-day functioning. Early intervention can often improve outcomes for children with cerebral palsy.
Is Cerebral Palsy Always Caused by a Birth Injury?
No. Cerebral palsy has many possible causes, including issues that are not related to medical negligence – such as genetic changes that can impact brain development. However, many causes of cerebral palsy may be considered a birth injury if a treating physician failed to provide appropriate medical care. This includes maternal infections, strokes, infant infections, and lack of oxygen to the baby during labour and delivery.
In many cases, proper medical care – including prompt intervention – can prevent the brain damage that causes cerebral palsy. If you believe that your child’s cerebral palsy may have been caused by medical negligence, we are here for you. Contact BILA today to schedule a free initial consultation with a birth injury lawyer in your province.
Contact BILA for Help
Babies who are born prematurely are at higher risk for a range of complications. This includes a substantially higher likelihood of developing cerebral palsy. Although premature births cannot always be prevented, if a doctor fails to take steps to treat the risk factors associated with premature births, it could be a form of medical negligence.
If your baby has been diagnosed with a birth injury like cerebral palsy that you suspect was caused by medical negligence, a birth injury lawyer can advise you of your legal options. For assistance with cerebral palsy or other types of birth injury claims, call BILA today at 1-800-300-BILA or fill out our online contact form to schedule a free initial consultation with a lawyer in your province.
The Birth Injury Lawyers’ Alliance of Canada (BILA) was formed in 2016 by a group of lawyers from across Canada with considerable experience in birth injury cases to promote the effective representation of children and families affected by avoidable injuries occurring at or around the time of birth.
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