A cerebral palsy claim for compensation is a lengthy process, often a few years at least, because of the complex 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 specialist to determine 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 or not this was caused 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 can't send the right signals to develop and command the muscles correctly. The muscles appear to be tight and stiff, often leading to jerky movements.
Symptoms are often noticeable 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 problems in walking normally, maintaining balance, involuntary movements and even 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 identify or treat 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 required, 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 may result in brain injury. Failure to diagnose or cure maternal illness like high blood pressure or neonatal medical problems such as jaundice or meningitis can lead to 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 instances, brain abnormalities 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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