How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral palsy will have an impact on the child and their family. Compensation can help them have a fulfilling life by giving them access to equipment, treatment and assistance.

Many cases of cerebral palsy are the result of medical negligence. This can be caused by inadequate prenatal care, problems during labour and delivery or other incidents.

Causes

Early diagnosis and treatment for CP can enhance a child's capabilities. Doctors determine CP based on the child's movements, muscle tone and coordination. They may refer the child to specialists such as pediatric neurologists, pediatric orthopedists or physiatrists. These specialists can help manage symptoms and improve quality of life.

Every person is affected by cerebral palsy differently. It can be relatively mild and have no impact on the child's capabilities but it can also be severe and cause impairments in all body areas. The symptoms can include a neck that is floppy (floppy neck), muscles that are stiff or inflexible that is difficult to walk or has issues with speech or other functions. If a child is diagnosed with cerebral palsy on one side of the body, this is known as hemiplegia; on both sides, it's diplegia. In severe cases, CP can result in a locked-in (spastic) condition with muscle spasticity that limits the movement of a person and can lead to difficulties with speech and eating.

The occurrence of medical errors during childbirth is a leading cause of CP. Doctors, midwives and nurses must be cautious when giving birth to a baby because damage to the brain could have serious consequences. If a medical error causes oxygen deprivation or other brain injury that causes cerebral palsy, the physician may be held liable for malpractice. This could include negligence in scheduling or performing a C-section urgently or failure to monitor and escalate a complex labor.

Symptoms

If your child suffers from cerebral palsy, he or cerebral palsy will likely suffer from several physical symptoms. These may include tight joints or stiff joints and limbs, a limp, erratic movement and problems with balance and posture. Other problems include intellectual disabilities, speech delays as well as hearing and vision issues.

The symptoms of cerebral palsy result from damage to the brain of an infant. It is most commonly seen in the infant or early years of childhood. The delay in milestones such as rolling over, sitting, crawling, or walking can be an indication of CP. Children with CP are also more likely to experience difficulty swallowing and may require feeding tubes.

A variety of factors can trigger the development of an injury to the brain that causes CP and other conditions, such as rubella, toxoplasmosis or cytomegalovirus in the womb, high blood pressure during pregnancy and genetic predisposition. A significant lack of oxygen to the brain (asphyxia) during the birth or during labor is a major cause of CP as is the occurrence of bleeding in the brain from blood vessels that are blocked or damaged.

Symptoms can range from mild to severe depending on the type. The most common type of cerebral palsy is spastic cerebral palsy, which is characterised by muscles that are stiff. Dyskinetic cerebral palsy (also called choreoathetoid, or athetoid) involves slow and uncontrolled movement of the arms, legs and the body. Other types of CP include ataxic cerebral palsy (which has a shaky movement) or paraplegic CP that affects the legs and arms are affected.

Treatment

Although the specific symptoms of cerebral palsy are different, the majority of sufferers of the condition have to cope with stiffness and loss of muscle control. They may also have issues with balance and coordination. The type of problem that they have depends on what area of the brain was injured and the severity of the injury.

Many people suffering from CP require specific physical therapy that assists them improve their mobility and muscle tone and stretch and strengthen their muscles and joints. It also helps relieve pain and prevent contractures. It can include exercises, special braces, or other treatments.

Musculoskeletal disorders such as hip dysplasia, patella alta, cervical stenosis, and scoliosis are prevalent in CP. These conditions can cause major mobility problems 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 of communicating. These could include communication board or voice synthesizers.

They can relax overactive or stiff muscles or muscles, limit abnormal movement, alleviate pain, and to control seizures. The medications are administered by mouth or injected into affected muscles or into the fluid surrounding the spinal cord.

Compensation

A successful cerebral palsy claim could result in compensation for your child to pay for specialist care, equipment and treatment. This will be based on the psychological and physical impact that your child's condition has had on them, in addition to the costs and losses that you've incurred. This could include the loss of income due to having to leave work in order to take care of your child, house modifications and transport costs to get your child to and from appointments.

The lawyer you hire may employ an expert in disability according to the degree of the injury to your child. The specialist will create a "life care plan" that will outline their needs from the moment of diagnosis until they are adults. This will help you determine an exact amount of compensation. It typically is in the form of an amount in lump sum and annual payments that can be adjusted to reflect the rate of inflation.

You should know that the amount of compensation you receive for a successful legal case is not a quick cash payout. It's a recognition of the fact that injustice was committed, all because medical professionals didn't fulfill their obligation to care during pregnancy, labour and delivery.