How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral paralysis can have an enormous impact on the child's life and that of their family. Compensation can allow them to live a fuller life, with access to equipment, treatment and assistance.

Many cases of cerebral palsy arise from medical negligence. It can be caused by inadequate medical attention prior to pregnancy, problems during labor and delivery, or other incidents.

Causes

Early diagnosis and treatment for CP can help improve a child's abilities. Doctors diagnose CP by observing the muscle tone of a child and coordination, as well as movement. They might refer the child to specialists, like pediatric neurologists, pediatric orthopedists and physiatrists. These specialists can help manage symptoms and improve the quality of life.

Every person is affected by cerebral palsy differently. It can be relatively mild and have no impact on the abilities of a child but it can also be severe and cause impairments in all areas of the body. It can be characterized by an oversized (floppy neck) head and muscles that are stiff or uncontrolled that are difficult to walk, or having difficulty with speech and other functions. If a child's condition is cerebral palsy on one side of the body, it's called hemiplegia. If it occurs on both sides, it's called diplegia. Severe 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.

Childbirth-related mistakes made by doctors are the leading cause of CP. Nurses, midwives, and doctors should be extra cautious when delivering a baby because damage to the brain may cause serious harm. If a medical error causes oxygen deprivation or other brain injury that causes cerebral palsy, the physician may be held liable for malpractice. This includes negligence when scheduling or performing a C-section urgently or failing to control and escalate a complicated labor.

Symptoms

If your child has cerebral palsy, he / is likely to have various physical symptoms. These could include stiff or tight joints, a limp, uncontrolled movement, and issues with balance and posture. Other issues include intellectual disabilities, speech delays as well as hearing and vision problems.

The symptoms of cerebral palsy result from damage to an immature brain. This is usually the case in the infant or early years of childhood. A delay in milestones such as sitting, rolling over, walking, or crawling could be an indication of CP. Children with CP are also more likely to experience trouble swallowing and might need feeding tubes.

A variety of factors can cause an injury to the brain that results in CP. This includes infections like toxoplasmosis or rubella in the womb high blood pressure during pregnancy; and genetic predisposition. A severe lack of oxygen to the brain (asphyxia) during labor or delivery is a major reason for CP and bleeding in the brain that results from damaged or blocked blood vessels.

Based on the kind of cerebral palsy, the symptoms can range from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most commonly encountered type. Dyskinetic cerebral palsy (also known as choreoathetoid or athetoid) involves slow and uncontrolled flailing movements of the legs, arms and body. Other forms of CP can include ataxic palsy, which has an unstable motion, or paraplegic cerebral palsy where legs and arms are affected.

Treatment

While the specific symptoms of cerebral palsy differ, the majority of people suffering from the condition are required to cope with stiffness and loss of muscle control. They may also have issues with balance and coordination. The type of movement problem that they experience is based on the area of the brain that was injured and the degree of the injury.

Many people with CP require special physical therapy which helps them improve their mobility and muscle tone and stretch and exercise their muscles and joints. It can also relieve the pain and prevent contracture. It can include exercises, special braces, or other treatments.

CP is characterized by musculoskeletal disorders like patella alta and hip dysplasia. Scoliosis and cervical stenosis can also be seen. These conditions can cause significant mobility issues which can reduce the life expectancy of patients.

Other treatments can include speech and language therapy for children who are unable to communicate effectively. This can help children learn new ways to communicate. This may include signing language, a communication board or voice synthesizers.

These medications can be used to stop the abnormal movement, reduce pain, and control seizures. These medications can be taken orally or injected directly into the affected muscles, or into the surrounding fluid of your spinal cord.

Compensation

A successful cerebral palsy claim can result in compensation for your child's for special care, equipment and treatment. This will be based on the psychological and physical impacts that your child's condition has had on them, as well as any expenses and losses you've incurred. These might include loss of earnings as you had to take a break from work to care for your child, home modifications and transport costs to get your child to and from appointments.

Your lawyer might hire an expert in disability care dependent on the severity of the injury to your child. This specialist will draft a "life care plan" that details their needs from the time of diagnosis until they reach the age of adulthood. This can help you calculate an accurate amount of compensation. It typically is in the form of a lump sum and regular annual payments, which can be indexed to keep up with the rate of inflation.

It is important to know that compensation from a successful legal action isn't a gimmick. It's an acknowledgement that injustice was committed, all because medical professionals failed to fulfill their duty of care during pregnancy, labour and the birth.