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 a full life with access to the equipment, care and support.

Medical negligence is usually the reason for cerebral palsy. This could be due to a lack of medical attention prior to pregnancy, problems during labour and delivery or other events.

Causes

There is no cure for CP but early detection and treatment can enhance a child's abilities. Doctors can diagnose CP by looking at the muscle tone of a child and coordination. They can refer the child to specialists like pediatric orthopedists, neurologists and physiatrists who can aid in managing symptoms and improve the quality of life for children.

Cerebral palsy affects everyone differently. It can be moderate and have only a slight impact on the abilities of a child however, it can also be severe and cause impairments across every body part. The signs include floppy head (floppy neck) and a muscles that are stiff or inflexible and walking difficulties, or difficulties with speech and other functions. If a child only has cerebral palsy on one side of the body, it's called hemiplegia. On both sides, it's diplegia. The severity of CP can cause a locked in (spastic), condition with muscle spasticity. This could limit a person's movement and make it difficult to speak and eating.

The occurrence of medical errors during childbirth is a frequent cause of CP. Midwives, doctors and nurses must be aware when delivering babies because brain damage can cause serious harm. If a medical mistake causes oxygen deprivation or other brain injuries that cause cerebral palsy, the physician could be held responsible for malpractice. This could include negligence in scheduling or performing an urgent C-section, or failure to control and escalate a complicated labor.

Signs and symptoms

If your child is suffering from cerebral palsy, they will most likely show a variety of physical symptoms. This could include tight or stiff joints and limbs, a limp, erratic movement and problems with balance and posture. Other issues include intellectual disabilities, speech delays and vision and hearing problems.

Cerebral palsy symptoms are triggered by a degeneration of the brain, usually during infancy or early childhood. A delay in milestones like rolling over, sitting, walking, or crawling could be an indication of CP. Children with CP are also more likely to experience difficulties swallowing and may require a feeding tube.

Many factors can contribute to the development of an injury to the brain that causes CP that can be caused by infections such as toxoplasmosis, rubella or cytomegalovirus in the womb and 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 for CP as is bleeding in the brain from blood vessels that are blocked or damaged.

Symptoms may range from mild to extreme based on the type. The most common type of cerebral palsy lawsuits palsy can be described as spastic cerebral paralysis, which is defined by stiff muscles. Dyskinetic cerebral palsy (also known as choreoathetoid or athetoid) is characterized by slow, uncontrolled writhing movements of the arms, legs and body. Other types of CP may include ataxic Cerebral Palsy Attorneys palsy that has shakey movements or paraplegic cerebral palsy that affects the legs and arms are affected.

Treatment

Although the specific symptoms of cerebral palsy vary, most sufferers have to manage stiffness and loss of muscle control. They may also be struggling with balance and coordination. The type of problems they have depend on the region of the brain that was injured as well as its extent of the injury.

Many people suffering from CP require special physical therapy that can improve their mobility, muscle tone, and stretch their muscles and joints. It can also help relieve discomfort and prevent contractures. Braces, exercises or other treatments might be included.

Musculoskeletal disorders like hip dysplasia, patella alta, cervical stenosis and scoliosis are common in CP. These conditions can cause major issues in mobility, which reduces the lifespan of a patient.

Speech and language therapy can be used to aid children who are unable to communicate effectively. This can help them discover new ways to communicate and may include sign language, communication boards, or voice synthesizers.

The use of medications can ease stiff or overactive muscles, reduce abnormal movement, reduce pain and seizures. The medications are administered by mouth or injected into the affected muscles or into the surrounding fluid around the spinal cord.

Compensation

If your case of cerebral palsy is successful, you can be awarded compensation to cover the cost of specialist care, equipment, and treatment. This will be based on the psychological and physical effects that your child's condition has caused on them, in addition to the costs and losses that you've incurred. This could include the loss of earnings due to having to stop work to take care of your child, home modifications and transport costs to get your child to and from appointments.

The lawyer you hire may employ an expert in disability in accordance with the severity of the injury to your child. This specialist will draft a "life care plan" that will outline their needs from the time of diagnosis until they become adults. This will help you determine an exact amount of compensation. It is typically in the form of a lump-sum and annual installments, which could be indexed to keep up with inflation.

It is important to know that the compensation resulting from a successful legal claim isn't a windfall. It's an acknowledgement of unfairness that was caused by a medical professional did not perform their duty of care during labour, pregnancy and delivery.