Mesothelioma Legal Advice

Cerebral Palsy refers to a group of disorders characterised by damage to a specific area in the brain that causes chronic conditions affecting body and muscle movement. Cerebral Palsy can also cause slowness in learning development, hearing and visual impairment and behavioural problems.

Unfortunately, children do suffer brain injuries during child birth, this can be hereditary or down to a mother’s bad health; smoking and drinking during pregnancy. However, in a small number of cases the damage to the baby’s brain is caused by medical malpractice.  

If you think your child has suffered a lack of oxygen or blood supply to the brain during childbirth and this has been the cause of their neurological disorder then you should consider making a claim. Claiming money for such a traumatic experience can be a difficult process, but there are counsellors and specialists who can help you should you need to talk to someone for your personal mental health or for guidance on your claim.

Medical malpractice during childbirth can include your baby’s heart-rate not being monitored properly, improper use of forceps, incorrect cesarean procedures, and failing to notice the warning signs of a baby in distress. You will need to be able to prove that the medical malpractice was the cause of your child’s condition – this will require extensive research from medical experts and solicitors. All medical records will need to be thoroughly assessed, especially those recorded throughout the pregnancy. You will also need to explain to the medical professionals if you feel you noticed any signs of medical negligence throughout labour – were you left on your own for long periods of time? Was your baby’s heart monitored sufficiently? If you gave birth through forceps or a cesarean, were the procedures carried out correctly?

Symptoms of Cerebral Palsy are said to become apparent during the first three years of your child’s life. Symptoms can include slowness in developmental goals, such as learning to crawl, the child favouring one of side of their body causing them to slump on one side, and muscles and joints may appear floppy. If your child is diagnosed with a neurological condition, you will be referred to a paediatrician who will test your child’s reflexes, muscle tone and motor skills – this testing will be used to decipher what type of neurological condition your child has.

A successful claim will help you with the financial support to support you and your child’s condition for the rest of your life. You will have the option to pick the best healthcare around. Children who suffer from neurological conditions like Cerebral Palsy are advised to have a physiotherapist (to help improve movement and coordination), an occupational therapist and educational therapist to help if your child has learning difficulties. Your solicitor will be able to help you find the right counselling and guidance services to help you find the best care for your child.

Unfortunately once a brain injury is established, there’s no way of reversing it. However, there are steps that can be taken to control and treat the condition and improve the child’s motor skills. Successful cerebral palsy claims help to financially support your child and get you and your family the best support possible.

Cerebral Palsy is caused by injury to the brain and not, as many people think, an illness or disease. Cerebral palsy affects one in 400 children every year and can be caused in a number of ways.

The most common causes of cerebral palsy, often abbreviated to CP, are a lack of oxygen to a baby’s brain, blocked blood vessels, infection in the mother, multiple or premature birth and trauma during labour or the birth itself.

Sufferers of the neurological condition cerebral palsy will have problems with posture, movement and coordination. There are varying degrees of severity and three different types of cerebral palsy.

Each of these relates to different areas of the brain that has been damaged. Ataxic Cerebral Palsy will result in the sufferer experiencing balance problems, as well as irregular speech and shaky hand movement. Those with Athetoid Cerebral Palsy will display a loss of posture control and may also make unwanted movement. Spastic Cerebral Palsy sufferers may have weak and / or stiff muscles, which is particularly noticeable when pressure is applied. Movement control may also be affected.

Around 10% of cases are caused by birth complications, some of which can be the result of poor obstetric management by a doctor, nurse or midwife. It is these cases where cerebral palsy claims can possibly be made for compensation.

Experienced medical negligence solicitors, usually operating on a no win, no fee basis and offering Legal Aid in order to pay for the claim, are best placed to help families who want to pursue a cerebral palsy compensation claim.

The solicitor will be able to investigate the circumstances surrounding the claim and determine whether or not there is a case worth pursuing. If there is, they will gather the necessary evidence to build a case against the defendant, whether that is a hospital or individual.

Successful cerebral palsy compensation claims have often been in the millions of pounds and while it is not about the money, claiming compensation can really help out in the care and future of both the sufferer and the carers.

Cerebral palsy is a condition that results from a brain injury or abnormality that occurs during fetal development, the birthing process, or within the first several months of the infant’s life. Though doctors have yet to fully understand all of the causes of early brain damage, medical science has identified a number of cerebral palsy causes and risk factors:

Maternal Infections

Maternal infections may increase the risk of cerebral palsy by as much as nine times and include:

• Urinary tract infection (UTI)

• Bladder or kidney infection

• Rubella

• Sepsis (an infection of the bloodstream)

• Chorioamnionitis, a uterus infection

• Toxoplasmosis

Because maternal infections are a known and often preventable cause of cerebral palsy, pregnant women should always seek medical treatment as soon as they believe they have an infection.

Prenatal/Neonatal Infections & Complications

The following prenatal/neonatal infections may increase the risk of cerebral palsy:

• Bacterial meningitis

• Viral encephalitis

• Group B streptococcal infection

• Herpes group B

• Sepsis

It is not known exactly how these infections cause cerebral palsy; however, evidence suggests that prenatal infections may lead to preterm birth—another risk factor for cerebral palsy. Other evidence suggests that cerebral palsy can be caused by brain damage triggered by infections.

Rh incompatibility and jaundice are additional complications that may cause cerebral palsy in the developing infant.

Premature Birth/Low Birth Weight

Preterm birth (occurring before 37 weeks gestation) and low birth weight are known to significantly increase the risk of cerebral palsy. Preterm babies are particularly vulnerable and are more likely to have health complications and be hospitalized.

Risk factors for preterm birth include certain maternal infections, stress, previous pregnancy with preterm labor, multiple births such as twins or triplets, smoking or alcohol/drug use, and cervical or uterine abnormalities.

Birth Injuries & Medical Malpractice

While many cases of cerebral palsy are congenital—that is, present at birth—some instances of cerebral palsy are due to damage to the brain during the birthing process itself. Birth injuries are largely preventable but may happen when medical staff fail to:

• Diagnose and treat maternal infections

• Recognize and respond to fetal distress

• Perform a C-section in a timely manner

• Treat jaundice in the newborn

• Ensure adequate oxygen supply

• Properly use equipment such as forceps or vacuum extraction

Medical malpractice is not necessarily intentional, but the consequences can be devastating nevertheless. When cerebral palsy is caused by medical malpractice, families may be able to pursue legal action to obtain compensation for their treatment costs and losses.

When to Talk to a Cerebral Palsy Attorney

If you had a complicated labor and delivery and your child was diagnosed with cerebral palsy, medical malpractice may be to blame. Costs for lifetime treatment of cerebral palsy, which is incurable, can average more than 0,000. One option may be filing a medical malpractice lawsuit so you and your family can receive compensation for cerebral palsy treatment. You may also be entitled to money for your pain and suffering, your child’s loss of earning capacity, and various additional costs related to the cerebral palsy.

A child with cerebral palsy may have multiple special needs, depending on the severity of the condition. In more severe cases of cerebral palsy, a child may also suffer from mental retardation, behavioral problems, epilepsy and other associated conditions. Meeting the needs of a cerebral palsy child can be financially overwhelming for families, particularly when the child requires:

· 24-hour or long-term care

· Assistive devices such as a wheelchair

· Medication

· Physical, occupational, speech or mental therapy

· Surgery

Parents of a cerebral palsy child may be able to obtain assistance with some of these needs from local or national, governmental or non-profit organizations. However, some families might be eligible for compensation from a different source: cerebral palsy lawsuit. Damages for eligible families may include money for permanent disability, costs for medical treatments, pain and suffering and other expenses related to cerebral palsy.

Was Your Child Harmed by Medical Malpractice?

Cerebral palsy is primarily caused by damage to a baby’s developing brain, but there are many cases in which there are no reasons for the condition. However, a small percentage of the thousands of diagnosed cases of cerebral palsy each year may have been prevented with proper medical care.

There are several well-known factors that may cause or contribute to the development of cerebral palsy in a child. These include:

· Maternal/fetal/newborn infections

· Seizures after birth

· Pre-term delivery

· Low birth weight

· Severe jaundice

· Oxygen deprivation

· C-section or other delivery complications

While it’s not always possible to prevent these things from occurring, medical professionals have an obligation to take proper precautions and to respond to complications in a timely manner so as to reduce the risks to the mother and child. The results can be devastating when medical professionals fail in this obligation, and they can be held responsible for any damages that were suffered.

A Cerebral Palsy Lawyer Can Help

Treating a cerebral palsy child can cost hundreds of thousands of dollars over his/her lifetime. If your child’s condition was caused by medical malpractice, a cerebral palsy lawyer can help you to get the compensation needed to care for your child.

It is important to note that medical malpractice cases are subject to a statute of limitations. Because of this, a strict deadline will be enforced in the filing of your lawsuit, assuming you are eligible. As soon as you suspect that your child has cerebral palsy as a result of medical malpractice, you should contact an attorney immediately to ensure that your rights are fully protected.

Contact Burke & Eisner Today

The attorneys at Burke & Eisner have helped numerous families recover compensation from doctors and other parties who caused a child to develop cerebral palsy. If you would like to discuss the details of your case with an experienced attorney and find out whether your child’s cerebral palsy was as a result of medical malpractice, contact us today. At no cost to you will will evaluate your cast, answer any questions you have and discuss your options.

Although there is no cure for cerebral palsy, there are numerous options in the way of treatment. Cerebral palsy treatments help to improve the physical and social quality of life of those with the condition and to mitigate complications associated with cerebral palsy such as seizures, speech problems or vision or hearing impairment.

Treatment of cerebral palsy may involve an entire team of medical professionals such as physical therapists, psychologists, pediatricians and other specialists who can devise a plan of care tailored to the unique needs of the patient. Depending on the severity of the child’s condition, cerebral palsy treatment may include:

•    Physical therapy – Perhaps the most important of all cerebral palsy treatments, physical therapy involves exercising and training the muscles to enhance strength and motor control. Orthodic devices used alongside physical therapy help to stretch muscles and prevent complications which limit joint movement, such as contracture.

•     Speech and language therapy – Some children with cerebral palsy will benefit from speech therapy, which helps children to overcome communication difficulties or develop other modes of communication.

•    Occupational therapy – This cerebral palsy treatment is aimed at developing the skills required for day-to-day living. Self-care skills such as bathing and feeding, for instance, could be addressed in occupational therapy sessions. Some children are helped, through occupational therapy, to use special equipement designed to help them function more easily in school and at home.

•    Medications/drug therapy – Medications are often used to minimize muscle spasms and tremors in patients with cerebral palsy. Botox, for example, is used in cerebral palsy treatments to relax muscles and control muscle spasticity. Seizures, a complication associated with cerebral palsy, may be treated with other drug therapies.

•    Surgery – Surgical procedures may be helpful in decreasing spasticity, improving muscle tone, stabilizing joints, and enhancing a child’s ability to sit, stand, or walk. Surgery may also be used to insert feeding tubes and control reflux.

•    Hearing aids, eyeglasses or eye surgery – These cerebral palsy treatments can help children who have hearing or vision impairments related to their condition.

•    Assistive technologies – New technologies are always being developed to help individuals with disabilities. Assistive technologies such as specialized wheelchairs, customized scooters, and communication devices can aid children in their daily lives and with tasks they may not otherwise be able to perform.

•    Alternative cerebral palsy treatments – Hyperbaric oxygen therapy (HBOT), space suit therapy, hippotherapy, dolphin therapy and conductive education are some alternative cerebral palsy treatments that have shown promise in recent years.

•    Clinical trials – The government conducts clinical trials to try and develop new cerebral palsy treatments and determine the efficacy of existing treatments.

The Cost of Cerebral Palsy Treatment

Cerebral palsy is a lifelong condition and treatments over the course of an individual’s life may total more than $500,000. Insurance may not cover all cerebral palsy treatment costs, and for those who are uninsured, the financial burden is all the more overwhelming.

Families have legal rights and may be entitled to compensation to help cover treatment costs and other related expenes if the cerebral palsy was caused by medical malpractice. If you believe your child’s cerebral palsy could have been prevented, contact an experienced medical attorney right away.