Cerebral palsy is a lifelong condition that can have profound effects on a child’s quality of life and a family’s emotional and financial well-being. While some cases of cerebral palsy occur naturally, others result from preventable medical errors before, during, or shortly after birth. When medical malpractice is the cause, families in Alberta may have legal options to pursue compensation through a personal injury claim.
What Is Cerebral Palsy?
Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and coordination. It is caused by abnormal brain development or damage to the developing brain, most often occurring before or during birth.
CP is a non-progressive disorder, meaning the brain injury does not worsen over time. However, the physical and developmental challenges it causes may become more apparent as a child grows. Symptoms vary widely and may include:
- Muscle stiffness or floppiness;
- Difficulty with fine motor skills (grasping, writing);
- Poor coordination or balance;
- Involuntary movements;
- Delays in reaching developmental milestones or
- Speech and cognitive impairments.
There is no known cure for cerebral palsy, but treatments such as physical therapy, occupational therapy, medication, and surgery can help manage symptoms and improve quality of life.
Causes of Cerebral Palsy
Cerebral palsy can have several causes, many of which occur during pregnancy. These include in-utero injuries, infections, fetal stroke, genetic mutations, or complications related to premature birth. However, a significant number of cases result from brain damage caused during labour and delivery. When that damage stems from improper medical care, the law may consider it negligence.
When Cerebral Palsy Is Caused by Medical Negligence
Not all cases of cerebral palsy are preventable. However, if a doctor, nurse, or hospital staff member fails to act according to accepted medical standards and that failure leads to brain injury, they may be held legally responsible.
Examples of medical negligence that can result in cerebral palsy include:
- Failure to monitor the baby’s oxygen levels during labour, leading to brain damage from lack of oxygen.
- Delayed C-section when signs of fetal distress are present.
- Failure to detect or treat maternal infections that can cause inflammation or damage to the baby’s brain.
- Improper use of delivery tools, such as excessive force with forceps or vacuum extractors, causing head trauma.
Neglecting to respond to umbilical cord issues, such as cord prolapse or compression, which can reduce blood flow and oxygen.
Medical professionals have a duty to anticipate complications and respond appropriately. When they do not, and a child develops cerebral palsy as a result, a birth injury claim may be warranted.
Legal Options for Alberta Families Affected by Birth Injuries
In Alberta, families whose child has been diagnosed with cerebral palsy due to suspected medical negligence may pursue a medical malpractice claim. This type of personal injury action allows parents to seek compensation for the financial, physical, and emotional toll of the injury.
To be successful, the plaintiff must prove the healthcare provider in question had a responsibly to deliver appropriate care (the duty of care), the provider failed to meet the standard of care expected, the breach of this duty directly caused the birth injury, and the injury resulted in measurable losses.
These complex cases require extensive medical evidence, expert testimony, and legal knowledge. Working with an experienced Alberta personal injury lawyer can significantly increase the chances of a successful outcome.
What Compensation Can Be Claimed in a Cerebral Palsy Malpractice Case?
In some cases, a cerebral palsy diagnosis can require a lifetime of care and support. Alberta families may be eligible for compensation that reflects both the immediate and long-term impact of the injury. This can include:
- Medical expenses: Hospital stays, surgeries, medications, and ongoing rehabilitation.
- Future care costs: In-home care, assistive devices, and therapy services for the child’s lifetime.
- Lost income: If a parent must stop working or reduce hours to provide care.
- Pain and suffering: For the child’s diminished quality of life and the emotional burden on the family.
- Loss of future earning capacity: If the child will not be able to work or live independently as an adult.
In cases of gross negligence, courts may also award punitive damages to punish particularly reckless conduct on the part of the medical provider.
How Long Do Parents Have to File a Medical Malpractice Claim in Alberta?
Under Alberta’s Limitations Act, most personal injury claims must be filed within two years of the date the injury was discovered or ought to have been discovered. However, in the case of a child injured at birth, the law includes special provisions.
Children under 18 are considered minors, and the two-year limitation period is suspended until they reach adulthood unless a litigation representative (typically a parent or guardian) files on their behalf earlier. That means parents have more time to investigate and pursue a claim, but speaking to a lawyer as soon as possible is still important. Evidence is easier to collect closer to the time of the incident, and delays can impact the strength of a case.
Building a Strong Cerebral Palsy Claim
Medical malpractice claims involving cerebral palsy require a detailed and thorough legal approach. A strong case will typically involve reviewing medical records to identify deviations from the expected standard of care and consulting medical experts to support a negligence claim. A financial expert, such as an actuary, may be required to calculate the child’s long-term financial needs. Further, any witnesses involved, including healthcare staff, will need to be thoroughly interviewed (often through the examination for the discovery process).
Contact Cuming & Gillespie LLP for Experienced Representation in Alberta Cerebral Palsy Malpractice Claims
If your child has been diagnosed with cerebral palsy and you believe medical malpractice may be to blame, you are not alone. While no amount of money can undo the harm caused, compensation can provide the resources needed to give your child the best possible quality of life.
At Cuming & Gillespie LLP, our skilled medical malpractice lawyers understand the emotional and financial challenges families face after a birth injury. We’ll help you understand your rights, assess your case, and take the first steps toward securing the future your child deserves. We proudly serve families in Calgary and across Alberta. To schedule a consultation, please call us at (403) 571-0555 or contact us online.