How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral paralysis can have a profound impact on the child’s life and that of their family. Compensation can allow them to live a full life with access to equipment, care and support.
Medical negligence is often the reason for cerebral palsy. It could be due to the lack of care during pregnancy, problems during the birth process or other incidents.
Causes
Early diagnosis and treatment for CP can improve a child’s abilities. Doctors can diagnose CP by looking at the muscle tone of a child and coordination. They can refer children to specialists like neurologists, pediatric orthopedists, and physiatrists who will help manage symptoms and improve life-quality.
Every person is affected by cerebral palsy in a different way. It can be mild, with no impact on a child’s ability function, or severe and cause physical impairments throughout the body. The signs include the appearance of a floppy (floppy neck) head and stiff or uncontrolled muscles and walking difficulties, or having difficulty speaking and other functions. If a child is diagnosed with cerebral palsy lawsuit palsy on one side of the body, it’s known as hemiplegia. On both sides, it’s called diplegia. The severity of CP can lead to a locked-in (spastic) condition that causes muscle spasticity that restricts an individual’s movements and leads to difficulties with speech and eating.
The occurrence of medical errors during childbirth is the most common cause of CP. Doctors, midwives and nurses must be cautious when giving birth to babies because damage to the brain could have serious consequences. If a medical mistake causes oxygen deprivation or other brain injury that causes cerebral palsy, the physician could be held responsible for malpractice. This includes a lack of planning or performing an urgent C-section or failing to control and escalate a complicated labor.
Signs and symptoms
If your child suffers from cerebral palsy, he / she will likely have various physical symptoms. The symptoms can include stiff or tight muscles as well as a limp, uncontrolled movement, and issues with posture and balance. Other issues could include speech delays, intellectual disabilities and hearing and vision problems.
The symptoms of cerebral palsy are caused by damage to the brain’s immature state. It is most commonly seen in the infant or early years of childhood. A delay in milestones like rolling over, sitting, crawling, or walking can be an indication of CP. Children with CP may also have difficulties swallowing, and may need a feeding device.
A variety of factors can cause a brain injury causing CP. This includes diseases like toxoplasmosis, or rubella in the womb; high blood pressure during pregnancy; and genetic predisposition. A significant lack of oxygen to the brain (asphyxia) during birth or labor is the main cause of CP, as is bleeding in the brain from damaged or blocked blood vessels.
The symptoms can be mild or extreme based on the type. Spastic cerebral palsy (characterized by stiff muscles) is the most common type. Dyskinetic cerebral palsy (also called athetoid choreoathetoid, choreoathetoid), is defined by slow and uncontrolled writhing of the legs, arms and the body. Other types of CP include ataxic Cerebral Palsy Attorneys palsy (which has a shaky movement) or paraplegic CP, where the legs and arms are affected.
Treatment
Although the symptoms of cerebral palsy may vary, the majority of people suffering from the condition experience stiffness, as well as a decrease in muscle control. They may also be struggling with coordination and balance. The type of issues they experience will depend on the part of the brain which was injured and the severity.
Many people with CP require specialized physical therapy that helps them to improve their muscle tone and mobility as well as stretch and exercise their muscles and joints. It also helps relieve tension and prevent contractures. Exercises, braces or other treatments could be incorporated.
CP is caused by musculoskeletal issues that include hip dysplasia and patella alta. Scoliosis and cervical stenosis can also be seen. These can cause major issues in mobility, which reduces the life expectancy of patients.
Speech and therapy for language can be used to aid children who are unable to communicate effectively. This can help children discover new ways of communicating. These may include sign language, a communication board or voice synthesizers.
The use of medications can relax stiff or overactive muscles or muscles, limit abnormal movement, relieve pain, and control seizures. These medications can be taken by mouth or 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 to pay for specialist care, equipment and treatment. The amount of compensation will be based upon the physical and mental effects of your child’s condition, as well as on any losses or expenses that you might have incurred. This could include the loss of income due to the fact that you have to stop working to take care of your children, house modifications and transport expenses.
Your lawyer may hire an specialist in disability care dependent on the severity of the injury to your child. The expert will develop an «life care plan» that details their needs starting at the time of diagnosis until they reach the age of adulthood. This can help you determine a more accurate amount of compensation. This usually takes the form of a lump sum as well as regular annual payments that can be adjusted to keep up with the rate of inflation.
It is important to understand that the compensation awarded for a successful legal claim is not a monetary windfall. It’s a recognition that injustice was committed, all because medical professionals failed to fulfill their duty of taking care during labour, pregnancy and delivery.