For families with children affected by cerebral palsy (CP), this is one of the biggest questions: Is CP hereditary, or did something go wrong during pregnancy or delivery? Historically, CP has been viewed primarily as a result of complications during pregnancy or birth.
However, recent research is shining light on potential genetic factors that may also act as a catalyst for the development of CP.
This blog will explore the possible genetic links to CP, discuss how medical negligence remains a key contributor, and how affected families can better evaluate their legal options with the help of experienced cerebral palsy lawyers.
Understanding Cerebral Palsy
Cerebral palsy is a neurological disorder that affects muscle control, movement, and posture, often due to brain damage that occurs early in life as a result of complications during pregnancy, birth, or the first few years of life.
In Ontario, this neurological disorder is recognized as a condition that impacts not just motor skills, but also speech, vision, and cognitive functions in varying degrees of severity. Below are the four types of CP:
- Spastic cerebral palsy: This is the most common type of CP. It is characterized by muscle stiffness and tightness, which makes movement difficult and usually affects one or more limbs. It is caused by damage to the brain’s motor cortex.
- Dyskinetic cerebral palsy: Individuals with dyskinetic CP experience involuntary movements, including twisting and jerking, due to brain damage in the basal ganglia, which controls movement.
- Ataxic cerebral palsy: This impacts coordination and balance, making movements unsteady and often affecting fine motor skills, like writing and walking, due to damage to the cerebellum.
- Mixed cerebral palsy: This condition involves a combination of symptoms from various forms of CP, such as spasticity and involuntary movements, depending on the areas of the brain affected.
For families, the emotional, physical, and financial toll of caring for a child with CP is overwhelming.
Is cerebral palsy caused by genetics?
Cases of CP often lead to families or guardians of victims seeking legal recourse through cerebral palsy lawyers to get deserved justice and compensation. However, recent research has changed how we understand CP by suggesting that genetics may play a role in some cases.
A major genetic study, published on March 29, 2024, looked at the DNA of 327 children diagnosed with CP, along with their biological parents, and found that over 11.3% of the children had genetic variations that could be linked with CP, while 17.7% had markers that might be related to CP, but required more research to confirm.
Interestingly, these genetic variations were also found to overlap with other neurodevelopmental conditions, like autism spectrum disorder (ASD), which is often seen in children with CP.
This suggests that, in some cases, a genetic predisposition could contribute to the development of CP, and challenges the traditional view that birth injuries mainly cause CP.
Birth Injuries and Cerebral Palsy
While recent research suggests genetics could play a role in some CP cases, the vast majority of this neurological disorder is caused by preventable birth injuries.
These injuries often occur when a baby does not receive adequate oxygen. Other preventable injuries can arise from improper handling during labour, lack of timely medical intervention, or delayed responses to complications, such as umbilical cord prolapse or fetal distress.
Proper medical care and timely interventions can reduce the risk of these birth injuries. For example, if a doctor or medical team detects fetal distress, swift action such as delivering the baby through emergency C-section can help prevent oxygen deprivation that might lead to brain damage and CP.
In a different scenario where the medical team delays the decision to perform an emergency C-section, thus leading to CP, victims’ families or guardians can contact cerebral palsy lawyers, as they may be entitled to compensation.
Genetics vs. Birth Injuries: Why Cause Matters in Cerebral Palsy Cases
Identifying the cause of CP is essential for families considering a medical negligence claim, as it directly impacts the ability to seek compensation. Whether the condition stems from genetic factors or a preventable birth injury, understanding the cause helps in building a strong case.
If CP is proven to be caused by very rare genetic factors, it may generally rule out negligence. The family would have no grounds for compensation based on negligence, as no preventable injury or medical error is involved. In this case, families may instead focus on managing the child’s needs through appropriate healthcare and support services.
If CP is proven to be caused by preventable birth injuries, there could be a strong case for medical negligence. In such cases, families may be entitled to compensation for medical costs, future care, and much more.
This is because Ontario’s healthcare providers and professionals are expected to prevent known risks during childbirth, and failure to do so may constitute negligence. Cerebral palsy lawyers can assist in gathering medical records and other evidence to prove improper medical care and pursue justice.
While genetics on rare occasions, may predispose a child to CP and typically eliminates the possibility of medical negligence claim, birth injuries can provide grounds for a lawsuit.
Our Compassionate Cerebral Palsy Lawyers Are Ready to Help
Beyond doubt, the expertise of cerebral palsy lawyers can make all the difference in CP-related medical negligence cases. At Sommers Roth and Elmaleh, we have a proven track record in handling medical malpractice cases, including birth injuries that lead to CP. We genuinely understand how preventable birth trauma can alter the life of your loved one, as well as the emotional and financial toll it places on families.
Our cerebral palsy lawyers are compassionate and ready to effectively gather vital evidence, such as medical records, to trace the origins of CP. We also work closely with medical experts to determine if negligence occurred and whether the injury could have been prevented promptly.
With decades of experience advocating for Ontarians, we are committed to securing the compensation you deserve, providing financial relief for ongoing care and support for your child’s future.
If you or a loved one is affected by CP, it is crucial to understand your legal options. Call us today at 1-844-940-2386, or contact us online to get guidance from our cerebral palsy lawyers.