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A diagnosis of cerebral paralysis has profound effects on the child and their family. Compensation can allow them to live a full life with access to medical equipment, care and assistance.
Many cases of cerebral palsy stem from medical negligence. This could be caused by the lack of medical attention during pregnancy, difficulties during delivery or other incidents.
Causes
There is no cure for CP however early diagnosis and treatment can help improve the child's capabilities. Doctors can diagnose CP by observing the muscle tone of a child, 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.
Everyone suffers from cerebral palsy differently. It can be mild and have little impact on the abilities of a child or severe and cause impairments to all body areas. The signs can include a neck that is floppy (floppy neck) stiff or uncontrolled muscle and walking difficulties, or difficulties with speech and other functions. If a child has cerebral palsy on one side of the body, this is known as hemiplegia; on both sides, it's known as diplegia. Severe CP may lead to a locked in (spastic) condition, which is characterized by muscle spasticity. This may limit a person's movement and result in difficulty speaking and eating.
Medical mistakes in childbirth are an often-repeated reason for CP. Midwives, doctors and nurses must be careful when delivering the baby as damage to the brain could have serious consequences. If a medical mistake results in oxygen deprivation or cerebral palsy other brain injury that causes cerebral palsy, the doctor may be held liable for malpractice. This is the case when scheduling or performing a C section urgently or not being able to monitor and escalate an arduous labor.
Signs and symptoms
If your child has cerebral palsy, he / is likely to have an array of physical symptoms. These symptoms could include stiff or tight muscles and a limp, involuntary movements, and issues with balance and posture. Other issues include intellectual disabilities, speech delays as well as hearing and vision issues.
The symptoms of cerebral palsy result from damage to the brain's maturation. It usually occurs during infancy or the early years of childhood. The delay in milestones such as sitting, rolling over, walking, or crawling may be a sign of CP. Children with CP may also have difficulty swallowing, and may need a feeding device.
Many factors can contribute to the development of an injury to the brain that causes CP that can be caused by infections such as rubella, cytomegalovirus, or toxoplasmosis in the womb, high blood pressure during pregnancy, and genetic predisposition. Asphyxia (a serious lack of oxygen) during labor or birth is a leading cause of CP.
Depending on the type of cerebral palsy, symptoms can vary from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most commonly encountered type. Dyskinetic cerebral palsy lawsuits palsy (also known as athetoid or choreoathetoid) is characterized by slow and uncontrolled motions of the legs, arms and body. Other types of CP might include ataxic palsy, characterized by a shaky motion, or paraplegic cerebral palsy that affects legs and arms are affected.
Treatment
While the specific symptoms of cerebral palsy can vary, a majority of people with the condition have to deal with stiffness and loss of muscle control. They may also have issues with coordination and balance. The type of problem that they experience is based on the brain region that was injured and the degree of the injury.
Many people suffering from CP require specialized physical therapy to increase their mobility, muscle tone and stretch their muscles and joints. It also helps relieve discomfort and prevent contracture. Exercises, braces or other treatments could be incorporated.
Musculoskeletal disorders such as patella alta, hip dysplasia, cervical stenosis, and scoliosis are prevalent in CP. These can cause major problems in mobility, which reduces life expectancy.
Speech and therapy for language are a way to help children who are not able to communicate effectively. This can help them learn new ways of communicating and could include sign language, communication boards, or voice synthesizers.
Medications can be used to relax stiff or overactive muscles and reduce abnormal movement. They also relieve pain, and control seizures. These medications are taken by mouth or injected into the affected muscles or into the fluid around the spinal cord.
Compensation
A successful cerebral palsy claim can result in compensation for your child to pay for specialized care, equipment and treatment. This will be determined by the psychological and physical impact that your child's condition has had on them, in addition to the costs and losses you've incurred. This could include lost earnings due to the fact that you have 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 a specialist in disability care to write a "life care plan' that clearly details their needs from the date of their diagnosis until adulthood. This will allow you to calculate an accurate amount of compensation. It usually takes the form of a lump sum and regular annual payments, which could be indexed to keep pace with the rate of inflation.
It is important to understand that the amount of compensation you receive for a successful legal matter is not a windfall. It's a way of acknowledging an unfairness that was caused by medical professionals failed to meet their duty of care in labour, pregnancy and the delivery.
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