How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral palsy can have profound consequences for the child and their family. Compensation can allow them to live a full life with access to medical equipment, care and assistance.

Many cases of cerebral palsy arise from medical negligence. This could be due to a lack of medical attention prior to pregnancy, problems during labor and birth or other events.

Causes

Early diagnosis and treatment for CP can help improve a child's abilities. Doctors diagnose CP in relation to the child's movements, muscle coordination and tone. They might refer the child to specialists, such as pediatric neurologists, pediatric orthopedists and physiatrists. These specialists can assist in managing symptoms and improve the quality of life.

Everyone suffers from cerebral palsy differently. It can be relatively mild and have no impact on a child's ability, or it can be severe and cause impairments across all body parts. The signs include an oversized (floppy neck) head and stiff or uncontrolled muscles that are difficult to walk, or having difficulty speaking and other functions. If a child only has cerebral palsy on one side of the body, this is known as hemiplegia. On both sides, it's diplegia. In severe cases, CP could result in a locked-in (spastic), condition with muscle spasticity. This can limit a person's movement and make it difficult to speak and eating.

Birth complications are an often-repeated cause of CP. Midwives, doctors and nurses must be careful when delivering babies because brain damage may cause serious harm. If a medical error results in oxygen deprivation or other brain injuries that cause cerebral palsy, the doctor could be held responsible for negligence. This includes a lack of planning or performing an urgent C-section or the failure to control and escalate a complicated labor.

Symptoms

If your child suffers from cerebral palsy lawyer palsy, he or is likely to have an array of physical symptoms. These symptoms could include stiff or tight muscles and a limp, involuntary movements, and issues with balance and cerebral palsy posture. Other problems include speech delays, intellectual disabilities and vision and hearing problems.

The symptoms of cerebral palsy are caused by damage to an immature brain. This occurs most often in the infant or early years of childhood. A delay in reaching milestones, such as sitting up, crawling, or walking is a typical sign of CP. Children with CP are also more likely to experience difficulties swallowing and may require feeding tubes.

Several factors can contribute to the development of a brain injury that triggers CP or CP-related conditions, including infections such as rubella, toxoplasmosis or cytomegalovirus in the womb, high blood pressure during pregnancy and genetic predisposition. A significant lack of oxygen to the brain (asphyxia) during birth or labor is a major reason for CP as is the occurrence of bleeding in the brain from damaged or blocked blood vessels.

Based on the type of cerebral palsy, the symptoms may range from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most common form. Dyskinetic cerebral palsy (also called choreoathetoid, or athetoid) involves uncontrolled and slow writhing movements of the arms, legs and body. Other forms of CP may include ataxic cerebral palsy that has a shaky motion, or paraplegic cerebral palsy in which legs and arms are affected.

Treatment

The specific symptoms of cerebral palsy vary, most people suffering from the condition are required to cope with stiffness and loss of muscle control. They may also have problems with coordination and balance. The type of problem that they face is determined by which brain area was injured and the severity of the injury.

Many people with CP need specific physical therapy in order to increase their mobility, tone of muscles and stretch their joints and muscles. It also helps relieve discomfort and prevent contractures. Braces, exercises or other treatments may be included.

Musculoskeletal conditions like hip dysplasia, patella alta, scoliosis, and cervical stenosis are common in CP. These conditions can cause major mobility problems that reduce the lifespan.

Other treatments may include speech and language therapies for children who are unable to communicate effectively. This can help children discover new ways to communicate. This may include sign language, communication board, or voice synthesizers.

These medications can be used to decrease abnormal movements, reduce pain, and control seizures. The medication is taken by mouth or injected into the affected muscles or into the fluid around the spinal cord.

Compensation

A successful cerebral palsy claim could result in compensation for your child to pay for specialized care, equipment and treatment. The compensation will be based on the mental and physical consequences of your child's condition as well as any expenses or losses you might have incurred. This could include loss of earnings due to you having to quit work to take care of your children, home adaptations and transport costs.

Your lawyer may hire an expert in disability, depending on the severity of the injuries to your child. The specialist will write an "life care plan" that outlines their needs from the moment of diagnosis until they turn adults. This will help you calculate an accurate amount of compensation. It usually takes the form of a lump sum as well as regular annual payments which could be indexed to keep up with inflation.

You must be aware that the compensation for a legal case that is successful is not a quick cash payout. It's a recognition that injustice was committed, all because medical professionals did not fulfill their obligation to taking care during labour, pregnancy and delivery.