Every parent looks forward to their baby’s first year milestones. You wait for the first time they roll over, sit up and take those exciting first steps. When those moments do not happen on time, it is only natural to start looking for answers.
If your child has recently been diagnosed with cerebral palsy (CP), or if you suspect a birth injury may be the cause, understanding the particular form of the condition is an important starting point for getting your child the right care and seeking legal accountability in Arizona.
Classifications of cerebral palsy
The condition takes four main forms depending on the location of the brain injury:
- Spastic cerebral palsy: This is the most common type, affecting about 80% of cases. It causes tight, stiff muscles and jerky movements due to damage to the motor cortex (the part of the brain that controls movement).
- Dyskinetic cerebral palsy: Children with this type cannot control their movements. Their muscles can change quickly from floppy to very stiff. This usually comes from damage to the basal ganglia (deep inside the brain)..
- Ataxic cerebral palsy: This type impacts balance and depth perception. Because of damage to the cerebellum (the back of the brain), children struggle to coordinate their movements. Everyday tasks like holding a pencil, buttoning a shirt or walking steadily can be very hard.
- Mixed cerebral palsy: Some children show signs of more than one type. The most common mix is spastic stiffness paired with uncontrollable dyskinetic movements. This means the birth injury affected multiple areas of the brain.
Knowing your child’s exact diagnosis is key if you are pursuing compensation. Every type of CP comes with a lifetime of care needs, specialized therapies, home modifications and significant medical expenses.
Connecting the injury to medical malpractice
Arizona medical malpractice laws require a high threshold of evidence from those seeking compensation against healthcare providers. To build a valid case, you must conclusively prove that a healthcare provider’s preventable mistake directly caused your child’s brain injury.
Under the same-specialty rule, an expert witness must share the exact same board specialty as the defendant doctor to testify about the standard of care. This means a pediatric neurologist or obstetrician must review the labor and delivery records. They must officially state that the delivery room staff deviated from acceptable medical standards.
Prompt action is critical when seeking accountability
Because cerebral palsy symptoms develop gradually as a child misses developmental milestones, identifying a birth injury takes time. However, the legal clock is strict.
In Arizona, parents generally have a two-year statute of limitations to file a medical malpractice claim.
The two-year countdown does not automatically start on the day of the birth. Instead, it begins when a reasonable person discovers (or should have discovered) both the injury itself and the fact that medical negligence may have caused it.
Interpreting “reasonable discovery” is legally complex. Gathering extensive medical records and securing expert physician reviews takes months. To protect your child’s rights, it is vital to monitor this timeline and consult a legal professional as early as possible.
Take action today to protect your child’s future
A discussion with an experienced birth injury lawyer can help you determine if medical negligence caused your child’s cerebral palsy. The legal team at Harris, Powers & Cunningham PLLC reviews medical records to find where delivery room care failed your family. You can call 602-910-6779 or send us an email to request a free consultation about your cerebral palsy malpractice claim.