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How to Make a Successful Cerebral Palsy Claim
A diagnosis of cerebral paralysis has profound implications on the child's life as well as that of their family. Compensation can allow them to have a fulfilling life by giving them access to equipment, treatment and support.
Medical negligence is usually the reason for cerebral palsy. This could be due to the lack of prenatal care, problems during labor and delivery or other occurrences.
Causes
Early diagnosis and treatment for CP can enhance a child's abilities. Doctors determine CP in relation to a child's movement, muscle coordination and tone. They may refer the child to specialists like pediatric orthopedists, neurologists and physiatrists to help manage symptoms and improve quality of life.
Every person is affected by cerebral palsy differently. It can be mild, having a minimal impact on a child's ability function, or it can be extremely severe and cause impairments throughout the body. The signs include floppy head (floppy neck), muscles that are stiff or uncontrolled that is difficult to walk or has issues with speech or other functions. If a child's condition is cerebral palsy on one side of the body, it's referred to as hemiplegia. If it occurs on both sides, it's diplegia. The severity of CP could result in locked in (spastic), condition with muscle spasticity. This can limit the ability of a person to move and can cause difficulty with speech and eating.
The occurrence of medical errors during childbirth is the leading cause of CP. Midwives, doctors and nurses should be extra cautious when delivering the baby as damage to the brain can cause serious harm. A doctor could be held accountable for mistakes made in the medical field if an error results in cerebral palsy or brain damage due to oxygen deficiency. This includes negligence when scheduling or performing a C-section urgently or failure to control and escalate a complicated labor.
Symptoms
If your child suffers from cerebral palsy, he / is likely to have an array of physical symptoms. The symptoms can include tight or stiff muscles as well as a limp, uncontrolled movements, and problems with balance and posture. Other issues include speech delays, intellectual disabilities and hearing and vision problems.
The symptoms of cerebral palsy are caused by damage to the brain's immature state. This is usually the case in the early years of childhood. The delay in milestones such as sitting, rolling over, crawling, or walking can be an indication of CP. Children with CP are also more likely to have difficulties swallowing and may require feeding tubes.
There are a variety of factors that can contribute to a brain injury causing CP. These include infections such as toxoplasmosis or rubella in the womb high blood pressure during pregnancy; and genetic predisposition. A serious lack of oxygen to the brain (asphyxia) during pregnancy or birth is a major cause of CP and bleeding in the brain caused by blocked or broken blood vessels.
Based on the kind of cerebral palsy, symptoms can vary from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most prevalent form. Dyskinetic cerebral palsy (also called choreoathetoid, or athetoid) involves slow and uncontrolled motions of the arms, legs and body. Other forms of CP include ataxic cerebral Palsy (which is characterized by a shakey movement) or paraplegic CP that affects the legs and arms are affected.
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Although the symptoms of cerebral palsy may vary, the majority people who suffer from the condition experience stiffness and loss in muscle control. They may also be struggling with balance and coordination. The type of movement problem that they face is determined by the brain region that was injured and the severity of the injury.
Many people suffering from CP require specialized physical therapy that helps them to improve their mobility and muscle tone and stretch and exercise their joints and muscles. It can also ease tension and prevent contractures. Braces, exercises or other treatments might be considered.
CP is characterised by musculoskeletal conditions that include hip dysplasia and patella alta. Scoliosis and cervical stenosis are also common. These can cause major problems in mobility, which reduces the life expectancy of patients.
Speech and therapy for language can be used to assist children who are not able to communicate effectively. This can help them to learn new ways of communicating and could include sign language, communication boards or voice synthesizers.
These medications can be used to relax stiff or overactive muscles to reduce abnormal movement, reduce pain, and manage seizures. These medications can be administered orally or directly into the affected muscles or into the fluid that surrounds your spinal cord.
Compensation
If your cerebral palsy case is successful, you will be compensated to pay for your child's special care, equipment, and treatment. The amount of compensation will depend upon the physical and mental impact of your child's condition and any expenses or losses you might have incurred. These could include loss of income due to having to leave work in order to care for your child, house modifications and transport costs to get your child to and from appointments.
The lawyer you hire may employ an expert in disability care dependent on the severity of the injuries to your child. This specialist will draft an "life care plan" that outlines their needs from the time of diagnosis until they become adults. This will help you determine the most accurate amount of compensation. It typically is in the form of an amount in lump sum and annual payments which can be indexed to keep up with inflation.
It is important to know that the compensation resulting from a successful legal claim isn't a windfall. It's a way of acknowledging an unfairness that was caused by medical professionals failed to perform their duty of care in pregnancy, labour, and the delivery.
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