How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral palsy has profound effects on the child and their family. Compensation can help them live a fuller life, with access to equipment, treatment and support.
Many cases of cerebral palsy arise from medical negligence. This could be due to inadequate prenatal care, problems during labour and delivery or other incidents.
Causes
Early diagnosis and treatment of CP can enhance a child's capabilities. Doctors can diagnose CP by looking at the tone of a child's muscles and coordination. They may refer a child to specialists like neurologists, orthopedists for children and physiatrists to aid in managing symptoms and improve quality of life.
Cerebral Palsy affects each person differently. It can be mild and have little impact on a child's abilities, or it can be severe and cause impairments to all areas of the body. The symptoms can include a floppy head (floppy neck), muscles that are stiff and uncontrolled and walking difficulties, or issues with speech or other functions. If cerebral palsy affects only one side of the child's body, then it is called hemiplegia. If it affects both sides of the body, then it's called diplegia. The severity of CP can lead to a locked-in (spastic) condition that causes muscle spasticity, which restricts the movement of a person and can lead to problems with speech and eating.
cerebral palsy lawsuit clarksville -related medical errors are a frequent reason for CP. Doctors, midwives and nurses should be cautious when delivering the baby as damage to the brain may cause serious harm. If a medical mistake causes oxygen deprivation or other brain damage that leads to cerebral palsy, the physician may be held liable for negligence. This includes negligence when scheduling or performing a C-section urgently or failing to monitor and escalate a complex labor.
Symptoms
If your child is suffering from cerebral palsy, he or will likely suffer from various physical symptoms. These could include stiff or tight joints as well as a limp, uncontrolled movement and issues with balance and posture. Other problems include speech delays, intellectual disabilities and vision and hearing problems.
The symptoms of cerebral palsy result from damage to an immature brain. It is most commonly seen during the infancy years of childhood. A slowing down in reaching milestones such as rolling over, sitting up, crawling, or walking is a typical sign of CP. Children with CP may also have trouble swallowing and may require a feeding device.
Many factors can contribute to an injury to the brain that results in CP. These include infections like toxoplasmosis or rubella during pregnancy; high blood pressure during pregnancy and genetic predisposition. Asphyxia (a severe deficiency of oxygen) during labor or birth is the most common cause of CP.
Depending on the type of cerebral palsy, the symptoms can range from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most prevalent form. Dyskinetic cerebral palsy (also called athetoid choreoathetoid, or choreoathetoid), is characterised by a slow and uncontrolled writhing of the legs, arms and body. Other forms of CP include ataxic cerebral Palsy (which has a shaky, jerky movement) or paraplegic CP in which the arms and legs are affected.
Treatment
Though the symptoms of cerebral palsy can vary, the majority people suffering from the condition experience stiffness, as well as a decrease in muscle control. They may also be struggling with coordination and balance. The type of movement issue that they suffer from is dependent on the area of the brain that was injured and the degree of the injury.
Many people suffering from CP require specialized physical therapy that helps them improve their mobility and muscle tone as well as stretch and exercise their muscles and joints. It also helps relieve pain and prevent contractures. It could involve exercises, braces that are specially designed, or other treatments.
Musculoskeletal conditions like patella alta, hip dysplasia, cervical stenosis, scoliosis are prevalent in CP. These disorders can lead to significant mobility issues that reduce the lifespan.
Other treatments include speech and language therapies for children who cannot communicate effectively. This may help them learn new ways of communicating and could involve signing language, communication boards, or voice synthesizers.
These medications can be used to reduce abnormal movements, reduce pain, and prevent seizures. The medication is taken by mouth or injected into affected muscles or into the fluid around the spinal cord.
Compensation
If your cerebral palsy case is successful, you could receive compensation to pay for your child's specialist care, equipment, and treatment. The compensation will be based upon the physical and mental impact of your child's condition as well as any losses or expenses you might have incurred. This could include lost earnings due to you having to work less to care for your children, home adaptations and transportation costs.
Depending on the extent of your child's injury the lawyer might recommend hiring an expert in disability services to draft a 'life care plan' that clearly lists all the needs of your child starting from the date 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 can be index to keep up with inflation.
You must be aware that compensation for a successful legal matter is not a windfall. It's an acknowledgement that injustice has occurred, and all due to medical professionals didn't fulfill their obligation to providing care during labor, pregnancy and delivery.