How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral palsy can have an impact on the child and their family. Compensation can help them live a full and fulfilling life, with access to equipment, care and assistance.
Many cases of cerebral palsy result from medical negligence. This could be due to an absence of medical attention prior to pregnancy, problems during labor and delivery or other events.
Causes
There is no cure for CP but early detection and treatment can enhance a child's abilities. Doctors diagnose CP by looking at the child's muscle tone and coordination, as well as movement. They may refer the child to specialists, like pediatric neurologists, pediatric orthopedists, and physiatrists. These specialists can assist in managing symptoms and improve the quality of life.
Everyone suffers from cerebral palsy in a unique way. It can be mild, with no impact on a child's function, or severe enough to cause physical impairments throughout the body. The signs include Floppy head (floppy neck) as well as a muscles that are stiff and uncontrolled, difficulty walking or having issues with speech or other functions. If a child's condition is cerebral palsy on one side of the body, it's referred to as hemiplegia. If it occurs on both sides, it's called diplegia. A severe CP may lead to a locked-in (spastic) condition, which is characterized by muscle spasticity. This can restrict the person's mobility and cause difficulty with speech and eating.
Medical mistakes during childbirth are the most common cause of CP. Midwives, doctors and nurses should be extra cautious when delivering a baby because damage to the brain could cause serious harm. If a medical error causes oxygen deprivation or other brain damage that causes 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 monitor and increase an arduous labor.
Symptoms
If your child is suffering from cerebral palsy, he or is likely to experience an array of physical symptoms. These symptoms may include tight or stiff muscles or joints, a limp, uncontrolled movements, as well as issues with posture and balance. Other issues can include intellectual disability, speech delays and vision and hearing issues.
The symptoms of cerebral palsy are caused by damage to the brain of an infant. This occurs most often during infancy or the early years of childhood. A delay in milestones like rolling over, sitting, crawling, or walking can be an indication of CP. Children with CP are also more likely to experience difficulty swallowing and may require feeding tubes.
Several factors may contribute to a brain injury that leads to CP. These include diseases like toxoplasmosis, or rubella during pregnancy; high blood pressure during pregnancy; and genetic predisposition. A severe lack of oxygen to the brain (asphyxia) during birth or labor is a major cause for CP and bleeding in the brain caused by blood vessels that are blocked or damaged.
Based on the kind of cerebral palsy, the symptoms may vary from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most frequent form. Dyskinetic cerebral palsy (also known as athetoid or choreoathetoid) involves slow and uncontrolled flailing movements of the arms, legs and body. Other forms of CP could include ataxic cerebral palsy, which has a shaky motion, or paraplegic
cerebral palsy that affects legs and arms are affected.
Treatment
While the symptoms specific to
cerebral palsy can vary, a majority of sufferers have to deal with stiffness and loss of muscle control. They may also experience issues with coordination and balance. The type of movement issue that they experience is based on the area of the brain that was injured and the extent of the injury.
Many people with CP require specialized physical therapy to increase their muscle tone, mobility and stretch their muscles and joints. It also helps relieve discomfort and prevent contractures. Exercises, braces or other treatments might be included.
CP is caused by musculoskeletal issues 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.
Other treatments could include speech and language therapies for children who cannot communicate effectively. It can help children develop new ways to communicate and could include signing language, a communication board or voice synthesizers.
These medications can be used to reduce the abnormal movement, reduce pain, and control seizures. The medication is taken by mouth or injected into the affected muscles or into the fluid around the spinal cord.
Compensation
A successful
cerebral palsy lawsuits palsy claim can result in compensation for your child's for specialized care, equipment and treatment. This will be based on the psychological and physical effects that your child's condition has caused on them, as well as any costs or losses that you've incurred. This could include loss of earnings due to the fact that you have to quit work to care for your children, house modifications and transportation costs.
Depending on the severity of your child's injury the lawyer may recommend an expert in disability issues to develop a "lifecare plan' that meticulously details their needs starting from the date of their diagnosis until adulthood. This can help you determine a more accurate amount of compensation. This is usually in the form of a lump sum and recurring annual payments which could be indexed to keep pace with inflation.
It is important to know that the compensation for a successful legal claim is not a cash-flow opportunity. It is a recognition that injustice has occurred, and all due to medical professionals didn't fulfill their obligation to medical care during pregnancy, labour and the birth.