Call Us Today
Cerebral palsy is the most common physical disability in Australian children. In some cases, it’s caused by something that went wrong during birth. If your child has been diagnosed with cerebral palsy and you suspect a birth injury played a role, understanding what happened and why is the first step toward getting answers.
Key Takeaways
- Cerebral palsy results from damage to a baby’s developing brain, often before, during, or shortly after birth
- Oxygen deprivation (birth asphyxia) is one of the most well-documented preventable causes
- Traumatic delivery, delayed emergency caesareans, and improper use of delivery instruments can all contribute
- Not all cerebral palsy is caused by medical negligence, but when it is, families may be entitled to compensation
- The birth prevalence of cerebral palsy in Australia has declined to approximately 1.5 per 1,000 live births, though it remains a significant concern
How Does Brain Damage During Birth Lead to Cerebral Palsy?
Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture. The word “cerebral” refers to the brain, and “palsy” refers to weakness or difficulty with motor control. It’s caused by abnormal development or damage to areas of the brain that control movement.
During labour and delivery, a baby’s brain is particularly vulnerable. If something interrupts the supply of oxygen-rich blood, even briefly, brain cells can begin to die. The longer the interruption, the more severe the damage. When that damage occurs in the motor control areas of the brain, it can result in cerebral palsy.
It’s worth noting that not every case of cerebral palsy stems from a birth injury. The majority of cases are congenital, meaning brain damage occurred during pregnancy due to genetic factors, infections, or developmental issues. But around 10–20% of cases are linked to events during labour and delivery that may have been preventable.
Birth Injuries Most Commonly Linked to Cerebral Palsy
Several specific birth injuries are associated with the development of cerebral palsy. Here are the most common.
Oxygen Deprivation (Birth Asphyxia)
Birth asphyxia (where the baby’s brain doesn’t receive enough oxygen during labour or delivery) is one of the most widely recognised causes of preventable cerebral palsy. This can happen due to complications with the umbilical cord (such as prolapse or compression), placental abruption, prolonged labour, or problems with the baby’s airway after birth.
When oxygen is cut off, a condition called hypoxic ischaemic encephalopathy (HIE) can develop. HIE refers to brain injury specifically caused by a lack of oxygen and blood flow. If identified quickly, therapeutic hypothermia (cooling the baby’s body temperature) may reduce the extent of brain damage, but the window for this treatment is narrow, typically within six hours of birth.
Delayed or Mismanaged Caesarean Section
When complications arise during labour (including fetal distress, abnormal heart rate patterns, or umbilical cord issues), an emergency caesarean section can be the difference between a healthy delivery and a serious brain injury. Even short delays in performing a necessary caesarean can lead to prolonged oxygen deprivation.
In many medical negligence claims involving cerebral palsy, the central question is whether the medical team responded quickly enough to signs of fetal distress. If monitoring indicated the baby was in trouble, and a caesarean wasn’t performed promptly, this may constitute a breach of the expected standard of care.
Traumatic Delivery and Instrument Injuries
Difficult vaginal deliveries (particularly those involving forceps or vacuum extraction) carry a risk of physical trauma to the baby’s head. Incorrect placement or excessive force can cause brain haemorrhages (bleeding within the brain), skull fractures, or direct damage to brain tissue.
Shoulder dystocia, where the baby’s shoulder becomes lodged behind the mother’s pelvic bone, is another high-risk complication. If not managed correctly, it can restrict blood flow and oxygen to the baby’s brain during a prolonged delivery.
Untreated Infections
Maternal infections during pregnancy or labour can cross to the baby and cause inflammation in the brain. Chorioamnionitis (infection of the amniotic fluid and membranes) is one example that has been linked to an increased risk of cerebral palsy. Group B Streptococcus, if untreated, can also pose a serious risk during delivery.
The key question in these cases is whether the infection was identified and treated appropriately. Standard antenatal screening and intrapartum antibiotics can significantly reduce the risk, so failure to screen, test, or treat may indicate a lapse in care.
Jaundice and Kernicterus
Newborn jaundice is common and usually harmless. But in rare cases, when severe jaundice goes untreated, bilirubin levels can rise high enough to cause a type of brain damage called kernicterus. This can lead to a specific form of cerebral palsy known as dyskinetic cerebral palsy, which affects the ability to control movements.
Monitoring bilirubin levels and providing phototherapy or exchange transfusions when needed are standard practices in Australian hospitals. A failure to monitor or act on rising levels may amount to negligence.
When a Birth Injury Is Caused by Medical Negligence
Not every birth complication reflects poor care. Childbirth is inherently unpredictable, and some outcomes occur despite the best efforts of the medical team.
But there are situations where a birth injury could and should have been prevented. Birth injury lawyers typically look at whether the medical professionals involved met the standard of care expected of a reasonably competent practitioner in the same circumstances. Common areas of concern include a failure to monitor fetal heart rate appropriately, a failure to respond to signs of fetal distress, delays in performing a necessary caesarean section, improper use of forceps or vacuum, and a failure to diagnose or treat maternal infections.
If negligence is established and it’s shown that the negligence directly caused or contributed to the child’s cerebral palsy, the family may be entitled to compensation. This can cover the cost of ongoing medical care, therapy, equipment, home modifications, loss of earnings (for a parent who becomes a full-time carer), and pain and suffering.
What Should You Do if You Suspect a Birth Injury?
If your child has been diagnosed with cerebral palsy and you have concerns about the care provided during pregnancy, labour, or delivery, it’s worth seeking legal advice – even if you’re unsure whether negligence was involved.
An experienced medical negligence lawyer can obtain and review the relevant medical records, consult independent medical experts, and give you an honest assessment of whether you may have a claim. In Victoria, there are time limits for bringing medical negligence claims, so it’s best not to delay.
Many families don’t pursue a claim because they assume it will be too difficult, too expensive, or too adversarial. But understanding your child’s rights is simply about ensuring they get the care and resources they need for the best possible quality of life.
This article provides general information only and does not constitute legal or medical advice. If your child has been affected by a birth injury, we encourage you to seek independent legal advice about your specific circumstances. Contact HCA Lawyers on 03 9001 1318 for a confidential, obligation-free discussion.
You Deserve More.
Please call Henry Carus + Associates at 03 9001 1318 today for a free, no-obligation consultation. Our cerebral palsy lawyers serve clients throughout Melbourne and other areas of VIC.
