How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral paralysis has profound effects on the life of the child as well as the lives of their families. Compensation can help them live a full life with access to equipment, care and assistance.

Many cases of cerebral palsy result from medical negligence. This could be due to inadequate prenatal care, complications during labor and delivery, or other occurrences.

Causes

There is no cure for CP however, early diagnosis and treatment can improve the abilities of a child. Doctors diagnose CP through a child's movement, muscle coordination and tone. They may refer a child to specialists such as neurologists, pediatric orthopedists, and physiatrists who will assist in managing symptoms and improving the quality of life.

Cerebral palsy affects everyone differently. It can be mild, with minimal impact on a child's ability function, or it can be extremely severe and cause physical impairments throughout the body. The signs include the appearance of a floppy (floppy neck) head, stiff or uncontrolled muscles and walking difficulties, or having trouble with speech and other functions. If cerebral palsy is only affecting one side of a child's body, it is called hemiplegia. If it affects both sides, then it's called diplegia. In severe cases, CP may lead to a locked-in (spastic) condition, characterized by muscle spasticity. This can limit the ability of a person to move and can result in difficulty speaking and eating.

Childbirth-related mistakes made by doctors are the leading cause of CP. Midwives, doctors and nurses must be cautious when delivering babies because brain damage may cause serious harm. If a medical mistake results in oxygen deprivation, or other brain injuries that cause cerebral palsy, the physician could be held responsible for negligence. This includes a lack of planning or performing a C-section in a hurry or the failure to control and escalate a complicated labor.

Signs and symptoms

If your child is suffering from cerebral palsy, he or she will likely have several physical symptoms. The symptoms can include tight or stiff muscles or joints, a limp, uncontrolled movements, as well as issues with posture and balance. Other issues can 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 usually occurs during infancy or the early years of childhood. The delay in milestones such as rolling over, sitting, crawling, or walking can be a sign of CP. Children with CP may also have trouble swallowing, and may need a feeding device.

Numerous factors can contribute to the development of a brain injury that triggers CP, including infections like rubella, toxoplasmosis or cytomegalovirus in the womb and high blood pressure during pregnancy, and genetic predisposition. A significant lack of oxygen to the brain (asphyxia) during birth or labor is a major cause of CP, as is bleeding in the brain caused by blocked or broken blood vessels.

The symptoms can range from mild to severe depending on the type. Spastic cerebral palsy (characterized by stiff muscles) is the most common form. Dyskinetic cerebral palsy (also known as athetoid or choreoathetoid) involves slow and uncontrolled motions of the arms, legs and body. Other types of CP could include ataxic cerebral palsy, which has a shaky motion, or paraplegic cerebral palsy, in which the arms and legs are affected.

Treatment

Although cerebral palsy - find more info - symptoms vary, the majority of people who suffer from the condition experience stiffness, as well as a decrease in muscle control. They may also be struggling with balance and coordination. The type of problem that they suffer from is dependent on what area of the brain was injured and the extent of the injury.

Many people suffering from CP need special physical therapy to increase their muscle tone, mobility, and stretch their joints and muscles. It can also help relieve the pain and prevent contractures. It could include exercises, braces with special features, or other treatments.

Musculoskeletal disorders like patella alta, hip dysplasia, scoliosis, and cervical stenosis are common in CP. These can cause significant issues in mobility, which can reduce life expectancy.

Other treatments can include speech and language therapy for children who are unable to communicate effectively. This can help them to discover new ways of communicating and could involve signing language, communication boards, or Cerebral Palsy voice synthesizers.

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

Compensation

If your cerebral palsy case is successful, you could be compensated to cover the cost of medical equipment, specialist care and treatment. This will be based on the psychological and physical effects that your child's condition has had on them, in addition to the costs and losses that you've incurred. This could include lost earnings due to you having to quit work to take care of your children, home adaptations and transportation expenses.

Depending on the severity of your child's injuries the lawyer might recommend hiring a specialist in disability care to create a "life care plan' that carefully details their needs beginning with the date of their diagnosis until adulthood. This can help you determine a more accurate amount of compensation. It usually takes the form of a lump sum as well as regular annual payments which can be index to keep up with inflation.

It is important to understand that the amount of compensation you receive for a successful legal claim is not a monetary windfall. It's a recognition of the fact that injustice has occurred, all because medical professionals failed to fulfill their obligation to taking care during labour, pregnancy and delivery.