How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral paralysis can have profound implications on the child's life as well as the lives of their families. Compensation can allow them to live a fuller life, with access to the equipment, care and support.
Medical negligence is often the reason for cerebral palsy. This could be due to inadequate prenatal care, issues during labor and birth or other occurrences.
Causes
Early diagnosis and treatment of CP can help improve a child's abilities. Doctors diagnose CP based on the child's muscle tone and coordination. They might refer a child to specialists such as neurologists, pediatric orthopedists and physiatrists who will assist in managing symptoms and improving quality of life.
Cerebral Palsy affects each person differently. cerebral palsy lawsuit independence can be mild and have little impact on the abilities of a child or severe and cause impairments in all areas of the body. Symptoms can include the appearance of a floppy (floppy neck) head and stiff or uncontrolled muscles and walking difficulties, or having trouble 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 locked in (spastic) condition, which is characterized by muscle spasticity. This can limit the movement of a person and create difficulties with speech and eating.
The occurrence of medical errors during childbirth is a common reason for CP. Midwives, doctors and nurses must be extra cautious when giving birth to babies because brain damage may cause serious harm. A doctor may be held liable for malpractice if a medical error results in cerebral palsy or brain damage caused by oxygen deprivation. This includes negligence when scheduling or performing a C-section urgently or failing to monitor and escalate the intensity of the labor.
Symptoms
If your child is suffering from cerebral palsy, they'll likely exhibit a range of physical signs. These symptoms may include tight or stiff muscles or joints, a limp, uncontrolled movements, and problems with balance and posture. Other issues could include speech delays, intellectual disability and hearing and vision problems.
Cerebral Palsy symptoms are caused by damage to the immature brain, most often during infancy or early childhood. A slowing down in reaching milestones such as rolling over, standing up, crawling or walking is a typical symptom of CP. Children suffering from CP might also have trouble swallowing and may require a feeding device.
Many factors can contribute to a brain injury causing CP. This includes infections like toxoplasmosis and rubella during pregnancy; high blood pressure during pregnancy; and genetic predisposition. Asphyxia (a severe deficiency of oxygen) during labor or delivery is a leading cause of CP.
Depending on the form of cerebral palsy, symptoms can range from mild to severe. The most prevalent form of cerebral palsy is spastic cerebral palsy, which is defined by stiff muscles. Dyskinetic cerebral palsy (also called athetoid or choreoathetoid) involves uncontrolled and slow motions of the legs, arms and body. Other forms of CP might include ataxic palsy, which has an unstable motion or paraplegic cerebral palsy where the legs and arms are affected.
Treatment
Although the specific symptoms of cerebral palsy are different, the majority of sufferers have to manage stiffness and loss of muscle control. They may also experience issues with coordination and balance. The kind of problems they experience is dependent on the part of the brain that was injured and the severity.
Many people suffering from CP require specific physical therapy in order to improve their muscle tone, mobility, and stretch their joints and muscles. It also helps relieve pain and prevent contracture. Braces, exercises or other treatments might be incorporated.
CP is characterized by musculoskeletal disorders, such as patella alta and hip dysplasia. Scoliosis and cervical stenosis also occur. These can cause major problems in mobility, which decreases life expectancy.
Other treatments can include speech and language therapies for children who are unable to communicate effectively. This can help children learn new ways of communicating. These could include sign language, a communication board or voice synthesizers.
The use of medications can ease stiff or overactive muscles to reduce abnormal movement, alleviate pain, and to control seizures. These medications are ingested by mouth or injected into affected muscles or into the surrounding fluid around the spinal cord.
Compensation
If your case of cerebral palsy is successful, you can receive compensation to help pay for your child's medical equipment, specialist care and treatment. The compensation will be based on the physical and mental impact of your child's condition as well as any expenses or losses that you might have incurred. These could include loss of income due to having to leave work in order to care for your child, home adaptations and transport costs to get your child to and from appointments.
The lawyer you hire may employ an specialist in disability care, depending on the extent of the injury to your child. The specialist will write an "life care plan" that outlines their needs from the time of diagnosis until they reach the age of adulthood. This can help calculate the most accurate compensation amount. This usually takes the form of a lump-sum and annual installments, which can be index to keep pace with inflation.
It is important to be aware that the compensation resulting from a successful legal claim isn't a windfall. It's a way of acknowledging an the injustice that occurred due to the fact that a medical professional did not perform their duty of care in pregnancy, labour, and birth.