A cerebral palsy claim for compensation is a long process, usually a couple of years at least, due to the complex nature of the investigative process. Detailed tests have to be done by medical specialists like an obstetrician-gynaecologist and maybe 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 physicians can positively detect the serious problem and whether it was caused as a result of negligent medical care. These test reports will assist the cerebral palsy attorney in evaluating and valuing the case.
Cerebral palsy is a movement disorder attributed to brain damage. The damage can occur during the delivery or right after the birth of the baby. The brain is not able to send the right signals to develop and control the muscles properly. The muscles seem to be tight and stiff, often leading to jerky movements.
Signs and symptoms are likely to be noticeable by the age of two years. In more severe cases, symptoms of abnormalities in movements could be detected in the first few months after birth. There are three types of cerebral palsy and symptoms generally include showing symptoms 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 disability.
The causes of brain damage can be caused by 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 the birth of a child, improper use of delivery forceps, excessive use of vacuum extraction and delay in birth can result in brain damage. Failure to diagnose or treat maternal illness such as high blood pressure or neonatal medical issues 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 caused by clinical error or negligence. In a few cases, brain abnormalities are due to a congenital malfunction of the brain and not as a result of negligence. A competent cerebral palsy attorney or lawyer could evaluate whether you have a case.
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