How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral paralysis has profound implications on the child's life as well as the lives of their family. Compensation can help them live a full life with access to equipment, treatment and support.

Medical negligence is usually the cause of cerebral palsy. It can be caused by the lack of prenatal care, complications during labor and delivery or other occurrences.

Causes

There is no cure for CP, but early diagnosis and treatment may improve the abilities of a child. Doctors diagnose CP in relation to a child's movement, muscle tone and coordination. They might refer a child to specialists such as neurologists, pediatric orthopedists and physiatrists, who can help manage symptoms and improve the quality of life for children.

Cerebral palsy affects everyone differently. It can be mild and have little impact on a child's abilities however, it can also be severe and cause impairments to all body parts. Symptoms can include a floppy (floppy neck) head as well as stiff or uncontrolled muscles that are difficult to walk, or having trouble with speech and other functions. If cerebral palsy only affects one side of a child's body, it is referred to as hemiplegia. If it affects both sides, then it is called diplegia. The severity of CP could cause a locked in (spastic) condition that is characterized by muscle spasticity. This can restrict the ability of a person to move and can result in difficulty speaking and eating.

The occurrence of medical errors during childbirth is the most common cause of CP. Doctors, midwives and nurses should be extra cautious when delivering babies as damage to the brain can have serious consequences. If a medical mistake results in oxygen deprivation, or other brain injuries that cause cerebral palsy, the doctor could be held accountable for negligence. This includes negligence when scheduling or performing a C section urgently or failing to supervise and escalate the intensity of labor.

Symptoms

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

Cerebral palsy symptoms are caused by damage to the immature brain, most often in infancy or early childhood. A slowing down in reaching milestones such as rolling over, standing up, crawling or walking is a common sign of CP. Children with CP are also more likely to have difficulties swallowing and may require feeding tubes.

Several factors can contribute to the development of a brain injury that causes CP and other conditions, such as toxoplasmosis, rubella or cytomegalovirus in the womb and high blood pressure in pregnancy, and genetic predisposition. Asphyxia (a severe deficiency of oxygen) during delivery or labor is the most common cause of CP.

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

Treatment

While the symptoms specific to cerebral palsy lawyer palsy differ, the majority of sufferers have to cope with stiffness and loss of muscle control. They might also have problems with balance and coordination. The type of movement problems they experience will depend on the region of the brain which was injured and the degree of the injury.

Many people suffering from CP need 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 can be considered.

CP is caused by musculoskeletal issues like hip dysplasia and patella alta. Scoliosis and cervical stenosis may also be present. These can cause major problems in mobility, which can reduce life expectancy.

Other treatments could include speech and language therapy for children who cannot communicate effectively. This can help them to learn new ways of communicating and may involve sign language, communication boards or voice synthesizers.

These medicines are used to limit abnormal movements, reduce seizures, and ease pain. These medications are ingested by mouth or injected into affected muscles or into the surrounding fluid around the spinal cord.

Compensation

A successful cerebral palsy attorneys palsy claim could result in compensation for your child to pay for specialized care, equipment and treatment. This will be based on the physical and psychological impact that your child's condition has had on them, in addition to the costs and losses you've had to pay. These might include loss of earnings as you had to stop work to care for your child, home adaptions and transportation costs to transport your child to and from appointments.

The lawyer you hire may employ an expert in disability, depending on the severity of the injuries to your child. This specialist will draft an "life care plan" that will outline their needs from the time of diagnosis until they are adults. This can help determine the most accurate compensation amount. It usually takes the form of a lump-sum and annual installments, which could be indexed to keep pace with the rate of inflation.

You must be aware that the compensation for a successful legal claim is not a monetary windfall. It is a recognition of the injustice that occurred due to the fact that medical professionals did not fulfill their duty of care in labour, pregnancy and delivery.