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How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral palsy will have profound consequences for the child and their family. Compensation can help them lead an active and healthy life by providing access and equipment, as well as support.

Medical negligence is often the reason for cerebral palsy. This could be due to the lack of prenatal care, complications during labor and birth or other occurrences.

Causes

There is no cure for CP however, early diagnosis and treatment can improve the capabilities of a child. Doctors diagnose CP by observing the muscle tone of a child and coordination, as well as movement. They can refer the child to specialists like pediatric orthopedists, neurologists and physiatrists, who can assist in managing symptoms and increase the quality of life for children.

Every person is affected by cerebral palsy in different ways. It can be mild with no impact on a child's ability perform, or it can be severe and result in impairments throughout the body. Some of the symptoms include a floppy (floppy neck) head and muscles that are stiff or uncontrolled as well as difficulty walking or having difficulty speaking and other functions. If a child is diagnosed with Cerebral Palsy Attorney palsy on one side of the body, this is known as hemiplegia. If it occurs on both sides, it's known as diplegia. A severe CP can lead to a locked-in (spastic) condition characterized by muscle spasticity that limits a person's movements and leads to difficulties in speaking and eating.

Childbirth-related medical errors are a frequent cause of CP. Midwives, doctors and nurses must be careful when delivering a baby because damage to the brain can cause serious problems. A physician may be held liable for malpractice if a medical error results in cerebral palsy, or brain damage due to oxygen deprivation. This includes negligence in scheduling or performing an urgent C-section, or inability to supervise and escalate the complexity of labor.

Signs and symptoms

If your child suffers from cerebral palsy, he or is likely to have an array of physical symptoms. These symptoms may include stiff or tight muscles as well as a limp, uncontrolled movements, and issues with posture and balance. Other problems can include speech delays, intellectual disabilities and vision and hearing issues.

The symptoms of cerebral palsy are caused by damage to the brain of an infant. It usually occurs during the infancy years of childhood. The delay in milestones such as rolling over, sitting, walking, or crawling can be an indication of CP. Children with CP may also have difficulty swallowing and may require a feeding device.

A variety of factors can trigger the development of a brain injury that triggers CP or CP-related conditions, including infections such as rubella, toxoplasmosis or cytomegalovirus in the womb, high blood pressure during pregnancy, and genetic predisposition. A massive lack of oxygen to the brain (asphyxia) during the birth or during labor is a major reason for CP as is the occurrence of bleeding in the brain caused by blood vessels that are blocked or damaged.

Symptoms may range from mild to severe depending on the type. Spastic cerebral palsy (characterized by stiff muscles) is the most prevalent type. Dyskinetic cerebral Palsy (also called athetoid, choreoathetoid and choreoathetoid), is defined by uncontrolled and slow writhing of the legs, arms and the body. Other forms of CP may include ataxic cerebral palsy, which has a shaky motion or paraplegic cerebral palsy, in which legs and arms are affected.

Treatment

While the symptoms specific to cerebral palsy vary, most people with the condition have to cope with stiffness and loss of muscle control. They may also have issues with balance and coordination. The kind of problems they suffer from depend on the region of the brain that was injured as well as the degree of the injury.

Many people suffering from CP need specialized physical therapy to increase their mobility, muscle tone and stretch their muscles and joints. It can also relieve tension and prevent contracture. Braces, exercises, or other treatments might be incorporated.

CP is defined by musculoskeletal problems such as hip dysplasia and patella alta. Scoliosis and cervical stenosis may also be present. These conditions can cause significant mobility issues which can reduce the life expectancy of patients.

Speech and therapy for language can be used to assist children who are unable to communicate effectively. This can help them discover new ways of communicating and may involve sign language, communication boards or voice synthesizers.

The use of medications can ease stiff or overactive muscles and reduce abnormal movement. They also alleviate pain, and to control seizures. These medications are ingested by mouth or injected into affected muscles or into the fluid that surrounds the spinal cord.

Compensation

If your cerebral palsy case is successful, you will receive compensation to cover the cost of specialist care, equipment, and treatment. This will be determined by the psychological and physical impacts that your child's condition has caused on them, as well as the costs and losses you have incurred. This could include losing earnings due to having to stop work to take care of your child, home modifications and transportation costs to transport your child to and from appointments.

Your lawyer could hire an expert in disability care in accordance with the severity of the injury to your child. The specialist will write an "life care plan" which outlines the needs of your child from the moment of diagnosis until they are adults. This can help calculate an exact compensation amount. This usually takes the form of lump sums as well as regular annual payments that can be adjusted to keep pace with inflation.

You must be aware that compensation from a successful legal claim isn't a windfall. It's an acknowledgement that injustice was committed, all because medical professionals did not fulfill their duty of medical care during pregnancy, labour and the birth.