How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral palsy has a profound effect on the child and their family. Compensation can allow them to have a fulfilling life by giving them access to the equipment, care and assistance.

Medical negligence is usually the reason for cerebral palsy. This could be due to a lack of care during pregnancy, problems during delivery or other incidents.

Causes

There is no cure for CP however, early diagnosis and treatment can help improve a child's abilities. Doctors diagnose CP based on a child's movement, 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 the quality of life.

Cerebral palsy affects every person differently. It can be mild with minimal impact on a child's ability to perform, or it can be severe and result in impairments throughout the body. The signs include an oversized (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 known as diplegia. A severe CP can cause a locked-in (spastic) condition characterized by muscle spasticity that limits the movement of a person and can lead to difficulties in speaking and eating.

Medical mistakes in childbirth are an often-repeated cause of CP. Midwives, doctors and nurses must be aware when delivering babies as brain damage could cause serious harm. If a medical error causes oxygen deprivation or other brain damage that leads to cerebral palsy, the physician could be held accountable for malpractice. This includes negligence in scheduling or performing an urgent C-section, or inability to monitor and escalate a complex labor.

Symptoms

If your child has cerebral palsy, he or she will likely have an array of physical symptoms. These symptoms could include tight or stiff muscles, a limp, uncontrolled movements, and problems with balance and posture. Other problems include speech delays, intellectual disabilities and hearing and vision problems.

The symptoms of cerebral palsy result from damage to the brain of an infant. This is usually the case in the infant or early years of childhood. A slowing down in reaching milestones such as sitting up, crawling or walking is a common symptom of CP. Children with CP are also more likely to have difficulties swallowing and may require a feeding tube.

Numerous factors can contribute to the development of a brain injury that leads to CP that can be caused by infections such as rubella, cytomegalovirus or toxoplasmosis in the womb, high blood pressure during pregnancy, and genetic predisposition. Asphyxia (a severe lack of oxygen) during labor or birth is the main cause of CP.

Symptoms may range from mild to extreme based on the type. The most common type of cerebral palsy can be described as spastic cerebral palsy, which is defined by stiff muscles. Dyskinetic Cerebral Palsy Attorney palsy (also known as choreoathetoid or athetoid) is characterized by slow, uncontrolled movement 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 legs and arms are affected.

Treatment

Although the specific symptoms of cerebral palsy attorney palsy can vary, a majority of sufferers of the condition have to manage stiffness and loss of muscle control. They may also be struggling with balance and coordination. The type of movement issue that they face is determined by what area of the brain was injured and the extent of the injury.

Many people with CP need specific physical therapy in order to improve their mobility, muscle tone and stretch their joints and muscles. It also helps relieve discomfort and prevent contracture. Exercises, braces or other treatments can be considered.

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

Speech and therapy for language may be used to assist children who are not able to communicate effectively. It can help children develop new ways of communicating and may include sign language, a communication board or voice synthesizers.

Medications can be used to relax overactive or stiff muscles to reduce abnormal movement, relieve pain, and control seizures. These medications are taken by mouth or injected into the affected muscles or into the surrounding fluid around the spinal cord.

Compensation

A successful cerebral palsy claim could result in compensation for your child to pay for specialist care, equipment and treatment. The compensation will be based upon the physical and mental effects of your child's illness as well as any losses or expenses that you might have incurred. This could be a loss of earnings because you had to quit work to take care of your children, home adaptations and transportation expenses.

Based on the severity of your child's injury, your lawyer may hire an expert in disability services to create a "life care plan' that meticulously details their needs from the time of their diagnosis until they reach adulthood. This can help determine an exact compensation amount. This usually takes the form of a lump sum and recurring annual payments which may be indexed to keep up with inflation.

You should be aware that the compensation resulting from a successful legal case isn't a quick buck. It's a recognition of unfairness that was caused by medical professionals failed to provide the care they were supposed to in labour, pregnancy and the delivery.