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How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral paralysis has a profound impact on the life of the child and that of their family. Compensation can allow them to live a full and active life by providing access to treatment equipment and assistance.

Many cases of cerebral palsy result from medical negligence. It could be due to inadequate medical attention during pregnancy, difficulties during birth or other events.

Causes

Early diagnosis and treatment of CP can improve a child’s capabilities. Doctors diagnose CP by observing the child's movement, muscle tone and coordination. They might refer the child to specialists such as pediatric neurologists, pediatric orthopedists and physiatrists. These specialists can help manage symptoms and improve quality of life.

Cerebral palsy affects every person differently. It can be mild and have little impact on a child's ability or severe and cause impairments in every body part. The symptoms can include a neck that is floppy (floppy neck) muscles that are stiff or inflexible and walking difficulties, or difficulties with speech and other functions. If a child is diagnosed with cerebral palsy on one side of the body, it's known as hemiplegia. On both sides, it's known as diplegia. The severity of CP can cause a locked-in (spastic) condition that is characterized by spasticity in muscles that restricts the person's movement and can lead to difficulties in speaking and eating.

Birth complications are the most common cause of CP. Doctors, midwives and nurses must be careful when delivering the baby as damage to the brain could cause serious problems. A doctor may be held liable for mistakes made in the medical field if an error causes cerebral palsy or brain damage caused by oxygen deprivation. This includes negligence in scheduling or performing a C-section in a hurry or failing to supervise and escalate the complexity of labor.

Symptoms

If your child is suffering from cerebral palsy, they'll most likely exhibit a variety of physical signs. These symptoms may include tight or stiff muscles or joints, a limp, uncontrolled movements, and issues with posture and balance. Other issues include intellectual disabilities, speech delays and vision and hearing problems.

Cerebral palsy symptoms are caused by a degeneration of the brain, most often in early childhood or infants. The delay in milestones such as rolling over, sitting, walking, or crawling may be an indication of CP. Children with CP may also have difficulties swallowing, and may need a feeding device.

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, high blood pressure during pregnancy, and genetic predisposition. A severe lack of oxygen to the brain (asphyxia) during pregnancy or birth is the main cause of CP, as is bleeding in the brain caused by blood vessels that are blocked or damaged.

Depending on the type of cerebral palsy, the symptoms may vary from mild to severe. Spastic cerebral palsy attorneys palsy (characterized by stiff muscles) is the most frequent form. Dyskinetic cerebral palsy (also called athetoid, choreoathetoid, or choreoathetoid) is known as a uncontrolled and slow writhing of the legs, arms and the body. Other types of CP include ataxic cerebral palsy attorneys palsy (which has a shaky, jerky movement) or paraplegic CP in which the arms and legs are affected.

Treatment

While the symptoms of cerebral palsy vary, the majority sufferers of the condition experience stiffness and decrease in muscle control. They may also be struggling with balance and coordination. The type of problem that they suffer from is dependent on the brain region that was injured and the degree of the injury.

Many people with CP require special physical therapy to increase their mobility, muscle tone and stretch their muscles and joints. It can also help relieve the pain and prevent contracture. It can include exercises, braces with special features, or other treatments.

Musculoskeletal issues like patella alta, hip dysplasia, cervical stenosis and scoliosis are common in CP. These can cause major problems in mobility, which can reduce the lifespan of a patient.

Speech and therapy for language are a way to help children who are not able to communicate effectively. This can help them to learn new ways of communicating and could involve signing language, communication boards or voice synthesizers.

Medications can be used to ease stiff or overactive muscles or muscles, limit abnormal movement, reduce pain, and manage seizures. These medications are ingested by mouth or injected into affected muscles or into the fluid surrounding the spinal cord.

Compensation

If your case of cerebral palsy is successful, you could be compensated to cover the cost of specialist care, equipment, and treatment. The amount of compensation will depend on the mental and physical consequences of your child's condition and any losses or expenses that you might have incurred. These could include loss of income due to having to take a break from work to care for your child, home adaptations and transport costs to get your child to and from appointments.

Your lawyer could hire an expert in disability-related care dependent on the degree of the injury to your child. The expert will develop an "life care plan" that outlines their needs starting at the time of diagnosis until they turn adults. This can help determine a more accurate compensation sum. This usually will be lump sums and regular annual payments that can be indexed to keep up with the rate of inflation.

It is important to know that the compensation for a successful legal claim is not a monetary windfall. It's an acknowledgement that injustice has occurred due to a medical professional failed in their duty of medical care during pregnancy, labour and the birth.