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Cerebral Palsy (CP)
Understanding Medical Malpractice with Baltimore Cerebral Palsy Lawyer Mark Kopec: A Guide for Maryland Families
Cerebral Palsy (CP) is one of the most common motor disabilities in children, affecting muscle tone, movement, and motor skills. For many families, a diagnosis of CP is not just a medical milestone—it is the beginning of a lifelong journey for justice. When CP is caused by medical malpractice during pregnancy, labor, or delivery, it is classified as a birth injury. Accordingly, you may need Baltimore Cerebral Palsy Lawyer Mark Kopec.
At the Kopec Law, we help families navigate the complex intersection of medicine and law to ensure their children receive the lifelong care they deserve.
What is Cerebral Palsy?
Cerebral Palsy is a group of disorders caused by abnormal brain development or brain damage to the developing brain that affects a child’s ability to control their muscles. The damage usually occurs before or during birth, or in the first few years of life. While the initial brain injury does not worsen over time, the physical symptoms—such as muscle stiffness (spasticity) or involuntary movements—can change as the child grows.
Risk Factors
Certain factors increase the likelihood of a child developing CP:
- Premature Birth: Babies born before 37 weeks are at higher risk.
- Low Birth Weight: Infants weighing less than 5.5 pounds.
- Multiple Births: Twins or triplets often face higher risks of complications.
- Maternal Infections: Infections like rubella, chickenpox, or cytomegalovirus (CMV) during pregnancy.
- Jaundice and Kernicterus: Severe, untreated jaundice can lead to brain damage.
Baltimore Cerebral Palsy Lawyer Mark Kopec can assess your child’s risk factors and how they were addressed.
Causes of Cerebral Palsy – Baltimore Cerebral Palsy Lawyer Mark Kopec
While some cases of CP are congenital (occurring naturally during development), many are the result of preventable medical errors.
- Hypoxic Ischemic Encephalopathy (HIE)): A lack of oxygen to the baby’s brain during delivery, often caused by umbilical cord issues, such as umbilical cord compression, or placental abruption.
- Traumatic Brain Injury: Excessive force used during delivery, often involving birth-assistive tools like forceps or vacuum extractors.
- Untreated Infections: Failure by medical staff to diagnose and also treat maternal or neonatal infections (like meningitis).
- Delayed C-Section: Failure to perform an emergency Cesarean section when the fetus shows signs of fetal distress.
Diagnosis: Providers and Process
Diagnosing CP is rarely a single event. It often involves a “wait and see” approach as the child has developmental delays and misses developmental milestones.
Doctors Involved
- Pediatricians: Often the first to notice delays in rolling over, sitting up, or also walking.
- Pediatric Neurologists: Specialists in brain and nerve disorders who conduct formal evaluations.
- Developmental Pediatricians: Doctors who specialize in monitoring a child’s growth and behavior.
Diagnostic Tests
- Apgar Scores: Initial assessment at 1 and 5 minutes after birth; low scores can indicate distress.
- Brain Imaging: MRI (Magnetic Resonance Imaging) is the gold standard for identifying brain lesions. CT scans and Cranial Ultrasound are also used.
- EEG (Electroencephalogram): Used if the child is experiencing seizures, which frequently co-occur with CP.
- Genetic Testing: Performed to rule out hereditary metabolic or genetic disorders.
Baltimore Cerebral Palsy Lawyer Mark Kopec can assess the tests the medical providers used to diagnose your child.
Treatment and Long-Term Care
There is no cure for CP, but a multidisciplinary approach can significantly improve a child’s quality of life and independence.
Specialized Providers & Treatments
| Provider | Treatment Method | Goal |
| Physical Therapist | Strength and flexibility exercises | Improve mobility and prevent muscle shortening. |
| Occupational Therapist | Adaptive equipment training | Help with daily tasks like feeding and dressing. |
| Speech Pathologist | Communication & swallowing therapy | Improve speech or teach alternative communication (AAC). |
| Physiatrist | Botox or Baclofen injections | Reduce muscle spasticity and stiffness. |
| Orthopedic Surgeon | Muscle or tendon lengthening | Correct bone deformities or improve joint alignment. |
| Neurosurgeon | Selective Dorsal Rhizotomy (SDR) | Cutting specific nerves to permanently reduce spasticity. |
Medical Malpractice Claims & Damages with Baltimore Cerebral Palsy Lawyer Mark Kopec
If your child’s CP was caused by a healthcare provider’s failure to meet the Standard of Care, you may be entitled to significant compensation.
Common Malpractice Claims – Baltimore Cerebral Palsy Lawyer Mark Kopec
- Failure to Monitor: Not noticing fetal heart rate decelerations on the monitor.
- Mismanagement of Labor: Administering too much Pitocin or failing to recognize a breech position.
- Negligent Delivery: Physical trauma caused by the improper use of forceps.
Types of Damages Recoverable
- Economic Damages: Coverage for past and future medical bills, specialized schooling, home modifications, and then the child’s lost future earning capacity.
- Non-Economic Damages: Compensation for pain and suffering, emotional distress, and also loss of quality of life. (Note: Maryland has a “cap” or limit on non-economic damages in medical malpractice cases).
Life Expectancy and Life Care Needs
The majority of children with CP have a near-normal life expectancy, often living into their 60s, 70s, or 80s. However, those with severe impairments (unable to sit up or swallow) may have a shortened lifespan due to respiratory infections or malnutrition.
Lifelong services needed often include:
- 24/7 nursing or home health aides.
- Mobility aids (power wheelchairs, walkers).
- Van conversions for wheelchair transport.
- Speech-generating computers.
Protecting the Award: Structured Settlements & Trusts with Baltimore Cerebral Palsy Lawyer Mark Kopec
When a child receives a large settlement or verdict, the law provides for protection of the funds for the child’s benefit.
Structured Settlements
A structured settlement involves placing a portion of the recovery into an annuity that pays out over time ( for example, monthly or annually) rather than in one lump sum.
- Benefit: It ensures the child has a guaranteed “income” for life, preventing the funds from being exhausted too early.
- Tax Advantage: Under federal law, these payments are typically 100% income-tax-free for personal injury victims.
Special Needs Trust (SNT)
A Special Needs Trust is specifically a legal arrangement where a trustee manages the settlement funds for the child.
- Preserving Benefits: A SNT allows the child to use settlement money for “quality of life” items (like vacations or electronics) without losing eligibility for government programs like Medicaid or Supplemental Security Income (SSI).
- Maryland Specifics: First-party SNTs in Maryland often require a “payback” provision, meaning if any money is left in the trust when the child passes away, it must first be used to reimburse the state for Medicaid expenses.
You can read Blog posts on Verdicts in cerebral palsy cases:
How Baltimore Cerebral Palsy Lawyer Mark Kopec Can Help with Medical Malpractice
Proving a birth injury requires a deep dive into fetal monitor strips, hospital protocols, and expert witness testimony. If you suspect your child’s Cerebral Palsy was preventable, we are here to provide an honest assessment of your case.
Visit our free consultation page or video. Then contact the Kopec Law Firm at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore Birth Injury lawyer. The Kopec Law Firm is in Baltimore and pursues birth injury cases throughout Maryland and Washington, D.C.