The Cerebral Palsy Definition for Litigation Purposes

Cerebral palsy is a complex disease and there isn't necessarily a clear cerebral palsy definition, either in the medical or the legal field. If you’re not sure how cerebral palsy relates to the legal field, the sad response is that the disease, which is believed to result from brain injuries either before or after birth, can sometimes be brought on by a birth injury. In other words, mistakes made during a child’s birth may result in the child developing cerebral palsy.

Cerebral Palsy Definition

When cerebral palsy is brought on my negligence during child birth, naturally, the parents and family of the child, as well as the child himself, are sometimes in a position to be compensated. Depending on the nature of the medical mistake as well as other circumstances, this could easily be a case of medical malpractice.

However, some lawyers, clients, victims, and even court judges aren’t sure specifically how to define cerebral palsy for the purposes of such lawsuits.

• The term is widely used to describe various types of chronic conditions, each related to the brain’s ability to control the muscles and development.
• Not all “forms” of cerebral palsy, meaning not all of the conditions that fall under the term, are caused by brain injuries at birth: other causes may include blood incompatibility issues and rubella.

For legal purposes, then, the term “cerebral palsy” does not distinguish the actual cause of the condition to which a case refers, nor does it differentiate between various symptoms. Cerebral palsy can affect any part of the body, in some cases affecting the brain and speech as well. None of this is specified by the legal definition, which simply indicates that one of the many conditions referred to by the term exists.

Getting Help

It is up to lawyers and clients, then, to provide information for a lawsuit that not only specifies the damages suffered by the victim – meaning a detailed explanation of the person’s particular type of cerebral palsy – but also to prove that the condition exists because of malpractice, negligence, or another offense worthy of a lawsuit.