How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral paralysis can have profound effects on the life of the child as well as the lives of their family. Compensation can help them live a fuller life, with access to equipment, care and assistance.
Many cases of cerebral palsy stem from medical negligence. It could be due to inadequate care during pregnancy, or problems during the birth process or other incidents.
Causes
There is no cure for CP however, early diagnosis and treatment can enhance the child's capabilities. Doctors can diagnose CP by observing the 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 quality of life.
Cerebral palsy affects every person differently. It can be relatively mild and have no impact on the abilities of a child however, it can also be severe and cause impairments to every body part. The symptoms could include a head that is floppy (floppy neck), muscles that are stiff or inflexible, difficulty walking or having difficulties with speech and other functions. If a child's condition is cerebral palsy on one side of the body, it's known as hemiplegia; on both sides, it's diplegia. In severe cases, CP can result in a locked-in (spastic) condition that causes muscle spasticity that limits an individual's movements and leads to problems with speech and eating.
The occurrence of medical errors during childbirth is an often-repeated cause of CP. Doctors, midwives and nurses should be extra cautious when delivering a baby because damage to the brain can cause serious problems. If a medical mistake results in oxygen deprivation, or other brain damage that leads to cerebral palsy, the physician may be held liable for malpractice. This includes negligence when scheduling or performing an urgent C-section, or failure to monitor and escalate a complicated labor.
Symptoms
If your child is suffering from cerebral palsy, they'll likely exhibit a range of physical signs. These symptoms may include stiff or tight muscles, a limp, uncontrolled movements, and problems with balance and posture. Other issues can include speech delays, intellectual disabilities and hearing and vision problems.
The symptoms of cerebral palsy result from damage to the brain of an infant. It is most commonly seen during the infancy 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 have difficulties swallowing and may require feeding tubes.
Many factors can contribute to the development of a brain injury that causes CP and other conditions, such as rubella, cytomegalovirus, or toxoplasmosis in the womb and high blood pressure during pregnancy and genetic predisposition. Asphyxia (a serious lack of oxygen) during labor or birth is the leading cause of CP.
Symptoms may range from mild to severe based on the type of. Spastic cerebral palsy (characterized by stiff muscles) is the most common form. Dyskinetic cerebral palsy (also called athetoid or choreoathetoid) involves slow and uncontrolled movement of the legs, arms and the body. Other forms of CP could include ataxic cerebral palsy, characterized by an unstable motion or paraplegic cerebral aphasia where legs and arms are affected.
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While the specific symptoms of cerebral palsy differ, the majority of people suffering from the condition are required to deal with stiffness and loss of muscle control. They may also be struggling with coordination and balance. The type of problem that they experience is based on the brain region that was injured and the extent of the injury.
Many people suffering from CP need specific physical therapy in order to increase their mobility, tone of muscles, and stretch their joints and muscles. It can also help relieve discomfort and prevent contracture. Braces, exercises or other treatments could be incorporated.
Musculoskeletal disorders like patella alta, hip dysplasia, scoliosis, and cervical stenosis are common in CP. These conditions can cause major issues in mobility, reducing life expectancy.
Speech and therapy for language are a way to aid children who are unable to communicate effectively. This can assist them to discover new ways of communicating and could involve signing language, communication boards or voice synthesizers.
These medications are used to limit the abnormal movement, reduce the pain, and manage seizures. These medications are ingested by mouth or injected into affected muscles or into the fluid around the spinal cord.
Compensation
If your case of cerebral palsy is successful, you may be compensated to pay for your child's medical equipment, specialist care and treatment. This will be based on the psychological and physical effects that your child's condition has had on them, in addition to any losses and expenses you've had to pay. This could be a loss of earnings due to having to work less to care for your children, house modifications and transportation expenses.
The lawyer you hire may employ an expert in disability-related care according to the severity of the injury to your child. The specialist will write a "life care plan" which outlines the needs of your child from the moment they are diagnosed until they reach the age of adulthood. This will allow you to calculate a more accurate amount of compensation. It usually will be lump sums as well as regular annual payments that can be adjusted to keep up with inflation.
You should be aware that the amount of compensation you receive from a legal action isn't a gimmick. It is a recognition of the injustice that occurred due to the fact that the medical professional failed to perform their duty of care during labour, pregnancy, and the delivery.