Cerebral Palsy Claim For Compensation Because Of Clinical Negligence
A cerebral palsy claim for compensation is a long process, often a few years at least, because of the complex nature of the investigative process. Comprehensive tests have to be done by medical specialists like an obstetrician-gynaecologist and perhaps also a paediatric specialist to ascertain the child's medical condition and causes. These medical tests can be carried out over quite a long period before physicians can positively diagnose the serious condition and whether or not this was caused as a result of negligent health 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 soon after the birth of the child. The brain can't send the right signals to develop and control the muscle tissues properly. The muscles seem to be tight and stiff, often leading to jerky movements.
Symptoms are often noticeable by the age of two years. In more serious 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 signs of problems in walking normally, maintaining balance, involuntary movements as well as seizures. Besides these movement problems, the sufferer may develop learning disabilities, speech difficulties and visual disability.
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 a cause before birth is a failure to diagnose 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 delivery may result in brain damage. Failure to identify or treat maternal illness such as high blood pressure or neonatal medical problems such as jaundice or meningitis can lead to brain injury.
Prior to making 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 some instances, brain abnormalities are due to a congenital malfunction of the brain and not because of negligence. A competent cerebral palsy attorney or lawyer could evaluate whether you have a case.
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