How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral palsy has profound consequences for the child and their family. Compensation can help them live a full and active life by allowing access to care equipment and support.
Many cases of cerebral palsy are the result of medical negligence. It could be due to an absence of care during pregnancy, problems during delivery or other incidents.
Causes
There is no cure for CP however, early diagnosis and treatment may improve the child's capabilities. Doctors diagnose CP by looking at the tone of a child's muscles and coordination. They can refer a child to specialists like neurologists, pediatric orthopedists and physiatrists who will help manage symptoms and improve life-quality.
Every person suffers from cerebral palsy in a unique way. It can be mild having a minimal impact on a child's ability function, or severe enough to cause impairments throughout the body. It can be characterized by the appearance of a floppy (floppy neck) head, stiff or uncontrolled muscles, difficulty walking, or having difficulty with speech and other functions. If a child only has cerebral palsy on one side of the body, it's called hemiplegia; on both sides, it's diplegia. The severity of CP can cause a locked-in (spastic) condition characterized by muscle spasticity, which restricts the movement of a person and can lead to difficulties with speech and eating.
The occurrence of medical errors during childbirth is a leading cause of CP. cerebral palsy lawsuit district of columbia , midwives and nurses should be extra cautious when delivering the baby as damage to the brain could have serious consequences. If a medical error results in oxygen deprivation, or other brain injuries that cause cerebral palsy, the doctor could be held responsible for malpractice. This includes negligence in scheduling or performing an urgent C-section or failure to control and escalate a complicated labor.
Signs and symptoms
If your child is suffering from cerebral palsy, he or she will likely have several physical symptoms. These may include stiff or tight joints or muscles, a limp, involuntary movements, and issues with balance and posture. Other problems include intellectual disabilities, speech delays and hearing and vision problems.
Cerebral palsy symptoms are triggered by damage to the developing brain, which is usually seen in the early years of childhood or in infants. A delay in milestones such as sitting, rolling over, walking, or crawling could be an indication of CP. Children with CP may also have trouble swallowing and may require a feeding device.
A variety of factors can trigger the development of an injury to the brain that causes CP, including infections like toxoplasmosis, rubella or cytomegalovirus in the womb, high blood pressure during pregnancy and genetic predisposition. A serious lack of oxygen to the brain (asphyxia) during labor or delivery is a major cause for CP as is bleeding in the brain caused by blocked or broken blood vessels.
Based on the kind of cerebral palsy, the symptoms may range from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most commonly encountered type. Dyskinetic cerebral palsy (also called choreoathetoid, or athetoid) is characterized by slow, uncontrolled writhing movements of the legs, arms and body. Other types of CP might include ataxic palsy that has a shaky motion, or paraplegic cerebral palsy, in which legs and arms are affected.
Treatment
Though the symptoms of cerebral palsy can differ, the majority of people who suffer from the condition experience stiffness and loss in muscle control. They may also have issues with coordination and balance. The type of movement issue that they experience is based on what area of the brain was injured and the extent of the injury.
Many people suffering from CP require specific physical therapy in order to increase their mobility, flexibility, and muscle tone, and stretch their muscles and joints. It can also help relieve discomfort and prevent contractures. It may include exercises, braces that are specially designed, or other treatments.
CP is defined by musculoskeletal problems, such as patella alta and hip dysplasia. Scoliosis and cervical stenosis are also common. These disorders can lead to major mobility problems, which reduces life expectancy.
Speech and therapy for language are a way to aid children who are unable to communicate effectively. This can help them to discover new ways of communicating and could involve signing language, communication boards, or voice synthesizers.
The use of medications can relax muscles that are stiff or overactive, reduce abnormal movement, alleviate pain, and to control seizures. These medications are ingested by mouth or injected into affected muscles or into the fluid that surrounds the spinal cord.
Compensation
A successful claim for cerebral palsy could result in compensation for your child to pay for special care, equipment and treatment. This will be based on the physical and psychological impact that your child's condition has caused on them, in addition to any losses and expenses that you've incurred. This could include the loss of income because you had to quit work to care for your children, house modifications and transportation expenses.
Depending on the severity of your child's injury the lawyer might recommend hiring an expert in disability services to write a "life care plan' that clearly outlines all their needs from the date of their diagnosis until they reach adulthood. This can help calculate a more accurate compensation sum. This is usually in the form of a lump-sum as well as regular annual payments which could be indexed to keep pace with the rate of inflation.
You must be aware that the compensation resulting from a successful legal case isn't a quick buck. It's a recognition of the fact that injustice has occurred due to medical professionals didn't fulfill their duty of providing care during labor, pregnancy and delivery.