A cerebral palsy claim for compensation is a lengthy process, usually a couple of years at least, due to the complex nature of the investigative process. Comprehensive medical tests need to be carried out by medical professionals like an obstetrician-gynaecologist and maybe also a paediatric neurologist to determine the child's medical condition and causes. These medical tests could be done over quite a long period before doctors can positively detect the serious problem and whether it was caused as a result of negligent health care. These medical tests reports will help 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 right after the birth of the baby. The brain is not able to send the right signals to develop and control the muscle tissues correctly. The muscle tissues appear to be tight and stiff, often resulting in jerky movements.
Signs and symptoms are likely to be noticeable by the age of two years. In more serious cases, the signs of problems in movements can be detected in the first few months after birth. There are three types of cerebral palsy and symptoms usually include showing symptoms of difficulty in walking normally, maintaining balance, involuntary movements and even seizures. Besides these movement problems, the victim might develop learning disabilities, speech difficulties and visual impairment.
The causes of brain damage could 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 diagnose fetal distress or failure to plan a caesarean section when it is needed, like during birth weight being potentially large. Deprivation of oxygen during delivery, improper use of delivery forceps, too much use of vacuum extraction and delay in birth can result in brain damage. Failure to identify or cure maternal health issues like high blood pressure or neonatal health issues like jaundice or meningitis can lead to brain injury.
Prior to making a cerebral palsy claim for compensation, you should be aware that not each case of birth injury is attributed to clinical error or carelessness. In a few cases, brain abnormalities are due to a congenital malfunction of the brain and not because of carelessness. A qualified cerebral palsy attorney or lawyer would be able to evaluate whether you have a case.
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