How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral paralysis has profound consequences for the child and their family. Compensation can allow them to live an active and healthy life by allowing access to care, equipment and assistance.
Medical negligence is often the cause of cerebral palsy. It could be due to the lack of medical attention during pregnancy, issues during delivery or other incidents.
Causes
There is no cure for CP but early detection and treatment can help improve a child's abilities. Doctors determine CP based on the child's muscle coordination and tone. They might refer children to specialists like neurologists, pediatric orthopedists and physiatrists, who can assist in managing symptoms and improving life-quality.
Cerebral palsy affects every person differently. It can be moderate and have only a slight impact on a child's ability or severe and cause impairments across all body areas. The signs can include a neck that is floppy (floppy neck), muscles that are stiff or uncontrolled that is difficult to walk or has difficulties with speech and other functions. If cerebral palsy is only affecting one side of a child's body, then it is referred to as hemiplegia. If it affects both sides, then it's called diplegia. Severe CP can lead to a locked-in (spastic) condition characterized by muscle spasticity, which restricts the person's movement and can lead to difficulties in speaking and eating.
The occurrence of medical errors during childbirth is a frequent reason for CP. Doctors, midwives, and nurses should be extra cautious when giving birth to babies as brain damage could result in serious consequences. A doctor may be held liable for malpractice if a medical error causes cerebral palsy or brain damage caused by oxygen deficiency. This includes negligence in scheduling or performing a C-section in a hurry or inability to monitor and escalate a complex labor.
Signs and symptoms
If your child suffers from cerebral palsy, he or she will likely have a combination of physical symptoms. These could include tight or stiff joints or muscles, a limp, involuntary movements, and issues with balance and posture. Other issues can include intellectual disability, speech delays as well as hearing and vision issues.
Cerebral palsy is a condition caused by damage to the developing brain, usually in early childhood or infants. A delay in reaching milestones such as sitting up, crawling or walking is a typical sign of CP. Children with CP may also have difficulty swallowing and may require a feeding device.
Many factors can contribute to the development of a brain injury that leads to CP, including infections like rubella, cytomegalovirus, or toxoplasmosis in the womb and high blood pressure during pregnancy, and genetic predisposition. A massive lack of oxygen to the brain (asphyxia) during birth or labor is a major cause for CP as is bleeding in the brain that results from blood vessels that are damaged or blocked.
Based on the kind of cerebral palsy, symptoms can vary from mild to severe. The most frequent kind of cerebral palsy is spastic cerebral paralysis, which is defined by muscles that are stiff. Dyskinetic cerebral Palsy (also called athetoid choreoathetoid or choreoathetoid) is characterised by a slow and uncontrolled writhing movements of the arms, legs and the body. Other types of CP include ataxic cerebral palsy (which is characterized by a shaky motion) or paraplegic CP that affects the legs and arms are affected.
Treatment
Although cerebral palsy symptoms vary, the majority patients with the condition experience stiffness and a loss in muscle control. They may also experience issues with balance and coordination. The type of problem that they suffer from is dependent on which brain area was injured and the severity of the injury.
Many people suffering from CP require specific physical therapy in order to improve their mobility, tone of muscles, and stretch their joints and muscles. It can also ease the pain and prevent contracture. It may include exercises, braces with special features, or other treatments.
CP is characterized by musculoskeletal disorders like patella alta and hip dysplasia. cerebral palsy law firm daly city and cervical stenosis are also common. These can cause significant issues in mobility, which decreases life expectancy.
Speech and therapy for language may be used to aid children who are unable to communicate effectively. It can help children develop new ways to communicate and could include communication board or voice synthesizers.
The use of medications can ease stiff or overactive muscles, reduce abnormal movement, relieve pain, and control seizures. These medicines can be taken orally or directly into the affected muscles or the fluid surrounding your spinal cord.
Compensation
A successful cerebral palsy claim can result in compensation for your child to pay for special care, equipment and treatment. This will be determined by the physical and psychological impact that your child's condition has had on them, in addition to any expenses and losses you've incurred. This could include lost earnings due to you having to take a break from work to take care of your children, house modifications and transport costs.
Based on the extent of your child's injury the lawyer may recommend an expert in disability services to create a "life care plan' that clearly lists all the needs of your child from the date of their diagnosis until they reach adulthood. This will help you calculate an accurate amount of compensation. This is usually in the form of a lump-sum as well as regular annual payments which could be indexed to keep pace with inflation.
It is important to understand that compensation for a legal case that is successful is not a monetary windfall. It's a recognition that injustice has occurred, and all due to medical professionals didn't fulfill their obligation to taking care during labour, pregnancy and the birth.