Cerebral Palsy Claim

A cerebral palsy claim for compensation is a lengthy process, often a few years at least, due to the complex nature of the investigative process.

Detailed tests have to be carried out by medical specialists like an obstetrician-gynaecologist and perhaps also a paediatric neurologist to determine the child’s medical condition and causes. These tests can be carried out over quite a long period before doctors can positively diagnose the serious condition and whether it was caused as a result of negligent medical care. These test reports will assist the cerebral palsy attorney in assessing and valuing the case.

Cerebral palsy is a movement disorder attributed to brain damage. The damage can occur during the delivery or soon after the birth of the child. The brain is not able to send the right signals to develop and control the muscles properly. The muscles appear to be tight and stiff, often leading to jerky movements.

Symptoms are likely to be noticeable by the age of two years. In more severe cases, symptoms of abnormalities in movements can be detected in the first few months after birth. Symptoms include showing signs of difficulty in walking normally, maintaining balance, involuntary movements and even seizures. Besides these movement disorders, the sufferer may develop learning disabilities, speech difficulties and visual impairment.

The causes of brain damage can be attributed to delay or failure to diagnose or treat abnormal conditions before, during and after childbirth. An example of a cause before birth is a failure to detect fetal distress or failure to plan a caesarean section when it is called for, like in the case of birth weight being potentially large. Deprivation of oxygen during delivery, improper use of delivery forceps, excessive use of vacuum extraction and delay in delivery can result in brain damage. Failure to diagnose or treat maternal illness like high blood pressure or neonatal medical problems like jaundice or meningitis can lead to brain injury.

Before you make a cerebral palsy claim for compensation, you need to be aware that not every case of birth injury is attributed to clinical error or negligence. In some cases, brain abnormalities are due to a congenital malfunction of the brain and not as a result of negligence. Brain damage can also be attributed to the expectant mother being exposed to certain harmful chemicals or toxins or physical trauma suffered by the expectant mother which somehow adversely impacted the developing fetus. A competent cerebral palsy attorney would be able to evaluate whether you have a case.

A cerebral palsy claim for compensation is a good option if your child has been diagnosed with cerebral palsy and you have reason to believe that it is attributed to medical negligence or malpractice. A child with cerebral palsy can be a lifetime devastation to the whole family in terms of emotional stress and financial costs in bringing up a child with this condition. Many families just don’t have the financial resources to bring up a child who require special needs right up to adulthood. An experienced cerebral palsy lawyer would be able to advise you on the various procedures, time frames and amount of compensation claim.

 Types of Cerebral Palsy