How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral paralysis has profound consequences for the child and their family. Compensation can help them have a fulfilling life by giving them access to medical equipment, care and assistance.
Many cases of cerebral palsy stem from medical negligence. This can be due to the lack of care during pregnancy, or problems during delivery or other incidents.
Causes
There is no cure for CP however early diagnosis and treatment can help improve the child's capabilities. Doctors can diagnose CP by observing the child's muscle tone, movement and coordination. They may refer the child to specialists such as pediatric neurologists, pediatric orthopedists, and physiatrists. These specialists can help manage symptoms and improve the quality of life.
Cerebral palsy affects everyone differently. It can be mild and have a minimal impact on the child's capabilities, or it can be severe and cause impairments to all body areas. The signs include Floppy head (floppy neck) as well as a muscles that are stiff or inflexible, difficulty walking or having problems with speech and other functions. If cerebral palsy is only affecting one side of the child's body, it is referred to as hemiplegia. If it affects both sides of the body, then it is called diplegia. A severe CP could cause locked in (spastic) condition, which is characterized by muscle spasticity. This can restrict the person's mobility and result in difficulty speaking and eating.
Birth-related medical errors are a leading cause of CP. Doctors, midwives and nurses must be cautious when giving birth to a baby because damage to the brain can have serious consequences. A physician may be held liable for negligence if a medical error results in cerebral palsy or brain damage due to oxygen deprivation. This includes negligence 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, they'll likely exhibit a range of physical symptoms. This could include stiff or tight joints or muscles, a limp, involuntary movement and issues with balance and posture. Other problems can include speech delays, intellectual disability and vision and hearing issues.
Cerebral palsy is a condition caused by damage to the immature brain, which is usually seen in infancy or early childhood. A delay in milestones such as sitting, rolling over, walking, or crawling may be a sign of CP. Children with CP are also more likely to experience difficulty swallowing and may require feeding tubes.
A variety of factors can cause an injury to the brain that results in CP. These include infections like toxoplasmosis or rubella during pregnancy; high blood pressure during pregnancy; and genetic predisposition. A severe lack of oxygen to the brain (asphyxia) during labor or delivery is a major cause of CP as is the occurrence of bleeding in the brain caused by damaged or blocked blood vessels.
The symptoms may range from mild to extreme based on the type. Spastic cerebral palsy (characterized by stiff muscles) is the most prevalent type. Dyskinetic cerebral Palsy (also called athetoid, choreoathetoid, choreoathetoid), is known as a the uncontrolled writhing and swaying of the arms, legs and body. cerebral palsy attorneys cary of CP can include ataxic palsy, characterized by a shaky motion or paraplegic cerebral palsy that affects the legs and arms are affected.
Treatment
Although the symptoms of cerebral palsy may differ, the majority of people suffering from the condition experience stiffness, as well as a decrease in muscle control. They may also have issues with coordination and balance. The kind of problems they have depend on the part of the brain that was injured and the extent of the injury.
Many people suffering from CP require special physical therapy that allows them improve their muscle tone and mobility and stretch and strengthen their muscles and joints. It can also ease the pain and prevent contractures. It can include exercises, special braces or other treatments.
Musculoskeletal conditions like hip dysplasia, patella alta, cervical stenosis, and scoliosis are common in CP. These can cause major problems in mobility, reducing the lifespan of a patient.
Other treatments include speech and language therapy for children who cannot communicate effectively. This can help them discover new ways of communicating and may involve sign language, communication boards, or voice synthesizers.
They can ease stiff or overactive muscles to reduce abnormal movement, alleviate pain, and to control seizures. These medications can be administered by mouth or directly into the muscles affected, or into the fluid that surrounds your spinal cord.
Compensation
A successful claim for cerebral palsy can result in compensation for your child's for medical equipment, specialist care and treatment. This will be determined by the physical and psychological impact that your child's condition has caused on them, as well as any losses and expenses you've incurred. This could be a loss of earnings due to you having to work less to care for your children, house modifications and transport expenses.
Your lawyer may hire an expert in disability-related care, depending on the severity of the injuries to your child. This specialist will draft a "life care plan" that outlines their needs from the moment of diagnosis until they are adults. This will allow you to calculate an exact amount of compensation. This typically takes the form of lump sums as well as regular annual payments, which can be adjusted to keep up with the rate of inflation.
You must be aware that the compensation resulting from a successful legal claim isn't a windfall. It is a recognition that injustice has occurred, all because a medical professional failed in their obligation to care during pregnancy, labour and the birth.