How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral paralysis can have profound effects on the child's life and the lives of their parents. Compensation can help them have a fulfilling life by giving them access to equipment, care and assistance.

Many cases of cerebral palsy result from medical negligence. This could be due to a lack of prenatal care, issues during labour and delivery or other incidents.

Causes

Early diagnosis and treatment for CP can help improve a child's capabilities. Doctors can diagnose CP by looking at the child's muscle tone and coordination. They may refer the child to specialists, like pediatric neurologists, pediatric orthopedists or physiatrists. These specialists can help manage symptoms and improve quality of life.

Everyone is affected by cerebral palsy differently. It can be relatively mild and have no impact on a child's abilities or severe and cause impairments in every body part. Symptoms can include the appearance of a floppy (floppy neck) head and muscles that are stiff or uncontrolled that are difficult to walk, or having trouble with speech and other functions. If cerebral palsy affects only the child's body, it is called hemiplegia. If it affects both sides, it is known as diplegia. A severe CP can lead to a locked-in (spastic) condition with spasticity in muscles that restricts the movement of a person and can lead to difficulties in speaking and eating.

Childbirth-related medical errors are an often-repeated reason for CP. Doctors, midwives and nurses should be cautious when delivering babies because damage to the brain can cause serious harm. If a medical mistake results in oxygen deprivation or other brain injury that causes cerebral palsy, the physician may be held liable for negligence. This is the case when scheduling or performing a C-section urgently or failing to supervise and escalate an intense labor.

Symptoms

If your child suffers from cerebral palsy law firm palsy, they will likely exhibit a range of physical symptoms. These may include tight joints or stiff joints, a limp, uncontrolled movement, and issues with balance and posture. Other issues include intellectual disability, speech delays as well as hearing and vision issues.

Cerebral palsy symptoms are caused due to damage to the young brain, usually in infancy or early childhood. A slowing down in reaching milestones such as sitting up, crawling or walking is a typical symptom of CP. Children with CP are also more likely to have difficulty swallowing and may require a feeding tube.

Many factors can contribute to the development of an injury to the brain that causes CP or CP-related conditions, including infections such as rubella, cytomegalovirus, or toxoplasmosis in the womb and high blood pressure during pregnancy, and genetic predisposition. A significant lack of oxygen to the brain (asphyxia) during pregnancy or birth is the main cause of CP as is bleeding in the brain due to blood vessels that are damaged or blocked.

Based on the kind of cerebral palsy, the symptoms can range from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most frequent type. Dyskinetic cerebral Palsy (also called athetoid, choreoathetoid, choreoathetoid), is known as a the uncontrolled writhing and swaying of the arms, legs and the body. Other types of CP may include ataxic cerebral palsy, which is characterized by an unstable motion or paraplegic cerebral aphasia where the legs and arms are affected.

Treatment

While the specific symptoms of cerebral palsy vary, most people with the condition have to contend with stiffness and loss of muscle control. They may also have issues with coordination and balance. The type of movement problem that they experience is based on the area of the brain that was injured and the degree of the injury.

Many people suffering from CP require special physical therapy that can improve their muscle tone, mobility, and stretch their muscles and joints. It can also help relieve pain and prevent contractures. Exercises, braces or other treatments may be considered.

Musculoskeletal conditions like hip dysplasia, patella alta, scoliosis, and cervical stenosis are common in CP. These disorders can lead to major mobility problems and reduce life expectancy.

Other treatments can include speech and language therapies for children who cannot communicate effectively. It can help children develop new ways to communicate. This could include sign language, communication board or voice synthesizers.

Medications can be used to relax muscles that are stiff or overactive or muscles, cerebral palsy limit abnormal movement, alleviate pain, and to control seizures. These drugs can be taken orally or directly into the affected muscles or into the fluid that surrounds your spinal cord.

Compensation

A successful claim for cerebral palsy can result in compensation for your child's for specialized care, equipment and treatment. This will be determined by the psychological and physical effects that your child's condition has caused on them, as well as any costs or losses you've incurred. This could include the loss of income due to having to work less to care for your children, home adaptations and transportation expenses.

Depending on the degree of the injury to your child the lawyer may recommend an expert in disability services to draft a 'life care plan' that carefully outlines all their needs beginning with the date of their diagnosis until adulthood. This can help calculate an accurate amount of compensation. This typically will be a lump sum and regular annual payments that are adjusted to keep pace with the rate of inflation.

It is important to understand that the amount of compensation you receive for a legal case that is successful is not a windfall. It is a recognition that injustice has occurred, and all due to medical professionals failed to fulfill their duty of medical care during pregnancy, labour and the birth.