How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral palsy can have profound consequences for the child and their family. Compensation can allow them to live an active and full life by allowing access to care equipment and support.
Medical negligence is often the reason for
cerebral palsy. This can be caused by an absence of prenatal care, issues during labor and birth or other occurrences.
Causes
There is no cure for CP however, early diagnosis and treatment can help improve the child's capabilities. Doctors determine CP in relation to the child's movements, muscle coordination and tone. They might refer the child to specialists, such as pediatric neurologists, pediatric orthopedists or physiatrists. These specialists can assist in managing symptoms and improve the quality of life.
Everyone suffers from cerebral palsy differently. It can be relatively mild and have no impact on the child's capabilities or severe and cause impairments to all body parts. The symptoms can include a head that is floppy (floppy neck) muscles that are stiff or uncontrolled as well as difficulty walking or having problems with speech and other functions. If cerebral palsy affects only one side of a child's body, then it is referred to as hemiplegia. If it affects both sides of the body, then it is called diplegia. A severe CP can cause a locked-in (spastic) condition characterized by muscle spasticity that limits a person's movements and leads to problems with speech and eating.
Medical mistakes in childbirth are the most common cause of CP. Midwives, doctors and nurses must be careful when delivering babies because brain damage can result in serious consequences. If a medical mistake causes oxygen deprivation or other brain damage that causes cerebral palsy, the physician may be held liable for malpractice. This could include negligence in scheduling or performing an urgent C-section or failing to monitor and escalate a complex labor.
Signs and symptoms
If your child is suffering from cerebral palsy, they will most likely exhibit a variety of physical symptoms. This could include tight or stiff joints or muscles, a limp, involuntary movement and problems with balance and posture. Other issues include intellectual disabilities, speech delays and hearing and vision problems.
Cerebral palsy symptoms are triggered by a degeneration of the brain, most often during infancy or early childhood. A delay in milestones such as rolling over, sitting, crawling, or walking can be an indication of CP. Children with CP are also more likely to have difficulties swallowing and may require a feeding tube.
A variety of factors can trigger the development of a brain injury that triggers CP that can be caused by infections such as rubella, cytomegalovirus, or toxoplasmosis in the womb, high blood pressure during pregnancy and genetic predisposition. A serious lack of oxygen to the brain (asphyxia) during pregnancy or birth is a major reason for CP, as is bleeding in the brain due to damaged or blocked blood vessels.
Based on the type of cerebral palsy, symptoms can range from mild to severe. The most common form of cerebral palsy is spastic cerebral palsy. It is defined by muscles that are stiff. Dyskinetic
cerebral palsy Attorneys palsy (also called choreoathetoid, or athetoid) is characterized by slow, uncontrolled flailing movements of the legs, arms and the body. Other forms of CP include ataxic cerebral palsy (which has a shaky movement) or paraplegic CP which affects the legs and arms are affected.
Treatment
Though the symptoms of cerebral palsy can vary, the majority of people who suffer from the condition experience stiffness and decrease in muscle control. They may also experience issues with balance and coordination. The type of movement issue that they experience is based on which brain area was injured and the extent of the injury.
Many people suffering from CP require special physical therapy to improve their mobility, muscle tone and stretch their muscles and joints. It can also help relieve tension and prevent contracture. It may include exercises, braces with special features, or other treatments.
Musculoskeletal issues like patella alta, hip dysplasia, cervical stenosis, scoliosis are prevalent in CP. These disorders can lead to major mobility problems, which reduces life expectancy.
Other treatments include speech and language therapy for children who are unable to communicate effectively. This can help children discover new ways to communicate and could include sign language, communication board, or voice synthesizers.
These medications can be used to decrease the abnormal movement, reduce seizures, and ease pain. These medications can be taken orally or injected directly into the affected muscles or into the fluid that surrounds your spinal cord.
Compensation
A successful claim for cerebral palsy could result in compensation for your child's for special care, equipment and treatment. The amount of compensation will depend upon the physical and mental effects of your child's illness as well as any expenses or losses you might have incurred. These might include loss of earnings as you had to take a break from work to care for your child, home modifications and transportation costs to transport your child to and from appointments.
Your lawyer might hire an expert in disability in accordance with the extent of the injury to your child. The expert will develop an "life care plan" that outlines their needs from the moment of diagnosis until they are adults. This can help you determine a more accurate amount of compensation. This is usually in the form of a lump sum and regular annual payments, that can be adjusted to keep up with the rate of inflation.
It is important to know that the amount of compensation you receive from a legal claim isn't a windfall. It's an acknowledgement that injustice has occurred, and all due to medical professionals failed to fulfill their duty of care during pregnancy, labour and the birth.