There is a lot we know about cerebral palsy, and there is a lot we do not know. It was first identified in about 5 BC and is one of the most widely recognized and studied motor illnesses, but we don’t know much about what causes it. We know it involves some form of brain damage and causes varying degrees of motor and movement disabilities in the patient but we don’t know how to undo the damage that causes it. We know that it is linked to certain genetic mutations and birth-related trauma but each case is different and must be handled individually.
If your child or that of a loved one has any of the signs or symptoms of delayed mental development or issues with movement–especially issues with head control and moving the limbs–this may indicate cerebral palsy. Depending on how it was caused and the severity of the injuries in question, you may be entitled to some form of financial awards.
Contact the Birth Injury Lawyers Group today at (800) 222-9529 for assistance with your case.
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Diagnosing Cerebral Palsy
The signs and symptoms that indicate cerebral palsy are often evident as soon as a child is between six and 12 months old. If the symptoms are mild, then therapy and basic exercises–whether physical, mental, or otherwise such as occupational or speech-related–can help the patient overcome some of his or her impediments. Severe cases can be extremely debilitating and they can result in total physical incapacitation, body sores, mental health issues, slow mental development, weakness, and a very restricted lifestyle.
Cerebral palsy is linked to damage to the parts of the brain that control movement. Once these brain centers are damaged in, for example, a traumatic birth or a slip and fall accident, they never recover. This means cerebral palsy is a permanent illness. The damage that causes it is medically classified as nonprogressive since the damage itself does not worsen, but the symptoms that a patient may experience can deteriorate.
Consider the following. Cerebral palsy can lead to issues with the mouth and head control from as early as infancy. This can make it difficult for the patient to eat. Some babies may not be able to swallow, and many patients drool excessively and have a slack jaw. Mouth sores and infections are common. All of these issues limit the nutrition that the patient can get. With time, malnutrition and undernutrition can lead to weak bones, low bone density, misaligned joints, bone contractures, dental issues, weakness, and a vicious cycle of limited mobility and atrophy.
There is no reason you should have to pay for treatment for cerebral palsy if it can be proven that it was caused by medical errors or delivery issues that your child’s doctor and/or his or her care team should have prepared for and help you avoid.
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Symptoms
The symptoms of cerebral palsy can range from slight awkwardness in gait to wheelchair-bound incapacitation. Along this spectrum of disabilities, watch out for the following:
- Limited head control: The patient’s head will tend to swing, droop, or shake
- Inhibited motor development: Missing growth milestones can indicate this
- Muscle abnormalities: Stiff or floppy muscles
- Slack jaw
- Difficulty walking, grasping objects, or moving the limbs
- Issues with vision or hearing
- Varying degrees of paralysis or weakness in the limbs
- Seizures or epilepsy
If your loved one has any of these symptoms, speak to your doctor and call us for assistance with navigating the complexities of insurance coverage, medical negligence, and claims filing procedures.
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Compensation
The first thing to do if your child has cerebral palsy is to tend to his or her needs. Based on the specifics of your case, we can help you seek compensation from an at-fault or negligent care provider for:
- Medical expenses, surgery fees, medicine expenses, diagnostic testing
- Rehabilitation and therapy costs
- Lost income
- Pain, suffering, and mental anguish
- Travel to and from appointments
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Duty of Care
The duty of care is a criterion that is used to determine whether or not an affected individual or party–this would be you, the plaintiff–has grounds for seeking compensation from an at-fault party–that would be the party you want to sue, which is the defendant. To do so, you must do the following.
- Prove that the defendant owed you a duty of caring and treating you with a certain amount of professionalism, competency, skill, and knowledge. This minimum amount is established by the medical community.
- Prove that the defendant, for whatever reason, came up short and did not deliver or provide the right services or services that met the quality and competency mark defined by the duty of care.
- Prove that the doctor’s unprofessional or erroneous actions or inaction led to an injury.
- Prove that those injuries caused some form of harm, whether physical, mental, financial, or otherwise.
Proving and connecting these points can be difficult. It will require you to interview the delivery team, obtain the health records of the patient and the professional records of the medical team, and gather evidence of the expenses and losses you suffered as a result of preventable factors that caused, contributed, or worsened injuries or health issues that led to cerebral palsy. The costs of care can quickly add up so you must be wary of this risk.
The Birth Injury Lawyers Group is here to assist you. On behalf of our clients, we take care of all of the steps above and can even put you in touch with care and treatment facilities that conduct screening and diagnosis for your child so that you can initiate the right treatments as soon as possible. We will even negotiate with the defendants and help you meet all regulatory and statutory filing requirements so that you maximize your chances of winning whatever compensation amounts the law may entitle you to.
It all starts with an initial consultation. We have the experience, knowledge, tenacity, and compassion to help you so call us now at (800) 222-9529 to speak with a member of our team.
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