A cerebral palsy claim for compensation is a lengthy process, often a few years at least, due to the complicated nature of the investigative procedure. Detailed medical tests have to be carried out by medical specialists like an obstetrician-gynaecologist and perhaps also a paediatric neurologist to ascertain the child's medical problem and causes. These tests could be carried out over quite a long period before doctors can positively diagnose the serious condition and whether it was triggered due to negligent medical care. These medical tests 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 proper signals to develop and command the muscles correctly. The muscles appear to be tight and stiff, often leading to jerky movements.
Symptoms are likely to be apparent from the age of two years. In more severe cases, the signs of abnormalities in movements can be detected in the first few months after birth. There are three types of cerebral palsy and symptoms generally include showing signs of difficulty in walking normally, maintaining balance, involuntary movements as well as seizures. Apart from these movement disorders, the victim may develop learning disabilities, speech difficulties and visual impairment.
The causes of brain damage can be attributed to delay or failure to diagnose or cure abnormal conditions before, during and after childbirth. An example of an underlying cause before birth is a failure to detect fetal distress or failure to plan a caesarean section when it is needed, 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 lead to brain injury. Failure to diagnose or cure maternal illness like high blood pressure or neonatal medical problems like jaundice or meningitis can cause brain damage.
Before you make a cerebral palsy claim for compensation, you should be aware that not every case of birth injury is attributed to clinical error or negligence. In some cases, brain problems are because of a congenital malfunction of the brain and not as a result of carelessness. A competent cerebral palsy attorney or lawyer would be able to evaluate whether you have a case.
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