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 and fulfilling life, with access to equipment, treatment and support.
Medical negligence is usually the cause of cerebral palsy. It could be due to an absence of care during pregnancy, problems during the birth process or other incidents.
Causes
Early diagnosis and treatment of CP can improve a child’s capabilities. cerebral palsy law firm berkeley diagnose CP by looking at the tone of a child's muscles, movement and coordination. They might refer the child to specialists, such as pediatric neurologists, pediatric orthopedists or physiatrists. These specialists can assist in managing symptoms and improve the quality of life.
Cerebral palsy affects everyone differently. It can be relatively mild and have no impact on a child's ability but it can also be severe and cause impairments to all areas of the body. Some of the symptoms include a floppy (floppy neck) head and muscles that are stiff or uncontrolled as well as difficulty walking or having trouble with speech and other functions. If cerebral palsy only affects the child's body, it is referred to as hemiplegia. If it affects both sides, it is known as diplegia. Severe CP can cause a locked in (spastic), condition with muscle spasticity. This may limit a person's movement and cause difficulty with speech and eating.
Birth complications are a common cause of CP. Nurses, doctors, and midwives must be careful when delivering babies because damage to the brain may cause serious harm. A physician could be held accountable for malpractice if a medical mistake results in cerebral palsy or brain damage due to oxygen deprivation. This could include negligence in scheduling or performing an urgent C-section, or failure to monitor and escalate a complicated labor.
Signs and symptoms
If your child has cerebral palsy, he or is likely to experience various physical symptoms. This could include tight or stiff joints or muscles, a limp, involuntary movement, and issues with balance and posture. Other issues could include speech delays, intellectual disability and vision and hearing issues.
The symptoms of cerebral palsy are caused by damage to an immature brain. This occurs most often during infancy or the early years of childhood. A delay in milestones such as rolling over, sitting, crawling, or walking can be an indication of CP. Children suffering from CP might also have trouble swallowing, and may need a feeding device.
A variety of factors can trigger the development of a brain injury that causes CP or CP-related conditions, including infections such as rubella, cytomegalovirus or toxoplasmosis in the womb as well as high blood pressure during pregnancy and genetic predisposition. A serious lack of oxygen to the brain (asphyxia) during labor or delivery is the main cause of CP as is the occurrence of bleeding in the brain from blood vessels that are damaged or blocked.
Symptoms can range from mild to extreme based on the type. The most frequent type of cerebral palsy is spastic cerebral paralysis, which is characterised by muscles that are stiff. Dyskinetic cerebral palsy (also called athetoid or choreoathetoid) is characterized by slow and uncontrolled writhing movements of the legs, arms and body. Other types of CP include ataxic cerebral palsy (which has a shaky, jerky movement) or paraplegic CP that affects the legs and arms are affected.
Treatment
Although cerebral palsy symptoms differ, the majority of patients with the condition experience stiffness and a loss in muscle control. They may also have problems with coordination and balance. The type of problems they have depend on the region of the brain that was injured as well as the severity.
Many people with CP need special physical therapy that can increase their mobility, muscle tone, and stretch their muscles and joints. It can also relieve pain and prevent contracture. It may include exercises, special braces or other treatments.
Musculoskeletal issues like hip dysplasia, patella alta, cervical stenosis, scoliosis are common in CP. These disorders can lead to significant mobility issues and reduce life expectancy.
Speech and therapy for language can be used to assist children who are not able to communicate effectively. This can help children discover new ways of communicating. These could include signing language, a communication board or voice synthesizers.
These medicines can be used to decrease abnormal movements, reduce pain, and control seizures. These medications are ingested by mouth or injected into affected muscles or into the fluid surrounding the spinal cord.
Compensation
A successful cerebral palsy claim could result in compensation for your child's for specialist care, equipment and treatment. This will be based on the psychological and physical impacts that your child's condition has caused on them, in addition to any expenses and losses that you've incurred. This could include loss of earnings because you had to work less to take care of your children, house modifications and transport expenses.
Your lawyer may hire an expert in disability, depending on the severity of the injuries to your child. The specialist will write a "life care plan" that will outline their needs from the moment of diagnosis until they reach the age of adulthood. This can help calculate an accurate amount of compensation. It is typically in the form of a lump-sum as well as regular annual payments which could be indexed to keep up with inflation.
It is important to be aware that a payout from a legal claim isn't a windfall. It's a recognition that injustice was committed, all because medical professionals didn't fulfill their duty of medical care during pregnancy, labour and the birth.