How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral paralysis has a profound impact on the child's life as well as that of their family. Compensation can help them live a full and active life by providing access to care equipment and support.
Many cases of
cerebral palsy result from medical negligence. This can be caused by the lack of medical attention prior to pregnancy, problems during labor and delivery or other incidents.
Causes
There is no cure for CP, but early diagnosis and treatment can improve a child's abilities. Doctors diagnose CP by looking at a child's muscle tone and coordination. They may refer the child to specialists, like pediatric neurologists, pediatric orthopedists, and physiatrists. These specialists can help manage symptoms and improve the quality of life.
Everyone is affected by cerebral palsy differently. It can be mild,
cerebral palsy with no impact on a child's ability to function, or it can be extremely severe and result in impairments throughout the body. The signs include floppy head (floppy neck), muscles that are stiff and uncontrolled that is difficult to walk or has difficulties with speech and other functions. If a child only has
cerebral palsy lawyers palsy on one side of the body, it's called hemiplegia. When it happens on both sides, it's known as diplegia. A severe CP can result in a locked-in (spastic) condition that is characterized by muscle spasticity that restricts a person's movements and leads to problems with speech and eating.
Childbirth-related medical errors are the most common cause of CP. Doctors, midwives, and nurses should be cautious when delivering babies because brain damage may have serious consequences. If a medical mistake results in oxygen deprivation or other brain injuries that cause cerebral palsy, the doctor could be held responsible for malpractice. This is the case when scheduling or performing a C-section in a hurry or failing to supervise and escalate an arduous labor.
Signs and symptoms
If your child suffers from cerebral palsy, he / is likely to have various physical symptoms. These symptoms could include stiff or tight muscles, a limp, uncontrolled movement, and issues with balance and posture. Other problems include intellectual disabilities, speech delays as well as hearing and vision issues.
The symptoms of cerebral palsy are caused by damage to the brain's immature state. This occurs most often in the infant or early years of childhood. A delay in reaching milestones such as rolling over, sitting up, crawling or walking is a typical sign of CP. Children with CP are also more likely to experience difficulties swallowing and may require a feeding tube.
Several factors may contribute to a brain injury causing CP. These include infections such as toxoplasmosis or rubella in the womb, high blood pressure during pregnancy and genetic predisposition. Asphyxia (a severe deficiency of oxygen) during labor or birth is the leading cause of CP.
Based on the type of cerebral palsy, symptoms may vary from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most commonly encountered form. Dyskinetic cerebral palsy (also known as choreoathetoid or athetoid) involves slow and uncontrolled motions of the arms, legs and the body. Other forms of CP could include ataxic cerebral palsy, which is characterized by shakey movements, or
Cerebral Palsy paraplegic cerebral palsy in which the arms and legs are affected.
Treatment
While the specific symptoms of cerebral palsy vary, most people with the condition have to contend with stiffness and loss of muscle control. They might also have problems with coordination and balance. The type of movement issue that they suffer from is dependent on which brain area was injured and the degree of the injury.
Many people with CP require specific physical therapy that assists them improve their mobility and muscle tone and stretch and work their muscles and joints. It can also help relieve discomfort and prevent contractures. It could include exercises, special braces or other treatments.
CP is characterized by musculoskeletal disorders such as patella alta and hip dysplasia. Scoliosis and cervical stenosis can also be seen. These can cause significant issues in mobility, which decreases the life expectancy of patients.
Other treatments can include speech and language therapies for children who cannot communicate effectively. This can assist them to discover new ways of communicating and may include sign language, communication boards, or voice synthesizers.
They can ease stiff or overactive muscles, reduce abnormal movement, reduce pain, and manage seizures. These medications are taken by mouth or injected into affected muscles or into the fluid surrounding the spinal cord.
Compensation
A successful cerebral palsy claim could result in compensation for your child's for specialized care, equipment and treatment. This will be based on the physical and psychological impact that your child's condition has caused on them, in addition to any losses and expenses you have incurred. This could include losing income due to having to take a break from work to take care of your child, home modifications and transport costs to get your child to and from appointments.
Based on the extent of your child's injury the lawyer may recommend an expert in disability issues to write a "life care plan' that defines their needs starting from the date of their diagnosis until adulthood. This will allow you to calculate an accurate amount of compensation. It typically is lump sums as well as regular annual payments which can be indexed to keep up with inflation.
It is important to know that compensation for a successful legal claim is not a quick cash payout. It's an acknowledgement of injustice that occurred because a medical professional did not fulfill their duty of care in pregnancy, labour, and delivery.