Cerebral palsy is a disorder which affects babies and children and occurs in around 1.5 to 4 of each 1000 births. When your child is born with a cerebral palsy then he/she is entitled to a cerebral palsy lawsuit. If you break down the above ratio, it means in every 10 children, one has a cerebral palsy. This might appear to be a high statistic bearing in mind that, we are having so much advancement in technology and medicine.
Let’s check out what you need to know concerning a cerebral palsy lawsuit, the causes of cerebral palsy, if it is preventable, and your rights
Causes of Cerebral Palsy
Cerebral palsy is a disorder which is caused due to a brain damage which is normally before or during childbirth. It is marked by disruption of normal signals from the brain to the nervous system. The main causes include:
- 70% of the cases are due to injuries before birth
- 20% of cerebral palsy cases comes as a result of a birth time injuries
- 10 percent of cerebral palsy cases are due to injuries after birth
What Can Disrupt a Child’s Brain Growth or Cause Brain Damage
There are several things which can cause a child’s brain not to develop normally thus causing cerebral palsy
- Infections during pregnancy where a mother passes infections to the fetus. They are normally very risky during the first few weeks after conception. Rubella and cytomegalovinus can greatly cause cerebral palsy. The virus releases proteins which attack the immune system of the child, and also cause inflammation in the brain of the baby, thus interfering with normal development. If as a pregnant mother, one eats meat which is raw or not cooked well is in danger of getting cerebral palsy.
- Severe, untreated jaundice can also cause a child to get cerebral palsy. Jaundice is the yellow pigmentation of the skin or eyes of a newborn baby which is quite normal. But if the child has severe jaundice and it goes untreated for a long time, it turns into kernicterus which builds up by an unsafe level of bilirubin which is toxic to the brain.
- Infection after birth. Infections such as meningitis when it hits a newborn baby, can cause brain damage, leading to cerebral palsy. It causes severe inflammations which damages the motor control centers of the brain.
- This is lack of oxygen to the brain. It can cause brain damage to the baby during childbirth. It is caused by a ruptured uterus, detachment of the placenta or the umbilical cord being pinched in a way that it restricts blood flow which in turn causes deprivation.
- Brain hemorrhage before birth. This is an abnormal bleeding, which is caused by a blood vessel rupturing in the brain, causing damage to the motor centers in the brain.
- Head trauma during or after birth. Head injuries occurring during or after birth or within the first few years can cause cerebral palsy.
Cerebral Palsy Lawsuits and What it Entails
These are claims which are filed by the plaintiff in order to seek compensation from the party who caused an injury. When cerebral palsy is due to medical negligence, the responsible party, such as the attending physician or medical staff, they will be reliable to pay the parent. The parent has a right to file a claim against the hospital, physician, or anybody else who is responsible for the baby’s injury.
Before you decide to file the claim, it is good to make sure that, you indeed have a case. Determining whether your case is valid or not is tough, but as long as you feel that your baby was neglected, file a cerebral palsy lawsuit immediately. You can use a consult a cerebral palsy lawyer who will assist you to make your case valid.
Who Files A Cerebral Palsy Lawsuit Claim
The parents of the injured baby are the eligible and best placed to file a cerebral palsy lawsuit against the party. In case there are legal guardians to a baby, they too have a right to file a claim. Most state limits as to when the claim should be filed, meaning, by the time the infant is an adult, he/she might not qualify to file for his/her own claim.
An infant with cerebral palsy is expensive to raise and that is the reason why the parents should be compensated early enough so that the money can help in taking care of the child. The cost includes social, physical, medical, and rehabilitative. The average cost associated with cerebral palsy is around $1 million, an amount an average family cannot afford and that is why, a cerebral palsy lawsuit should be instituted early.
How To Tell If A Cerebral Palsy Is Due To Medical Negligence
The most common reasons associated with medical negligence include
- Failure to properly take note of how the fetus and the mother are faring during birth and before
- A delay in delivering the infant, causing oxygen deprivation
- Not identifying umbilical cord problems such as prolapsed cord
- Failure to diagnose diagnose wrongly or give out wrong medication
- Failure to correctly use forceps or vacuum extraction during delivery
What The Cerebral Palsy Claim Covers
Cerebral palsy is a permanent condition which is irreversible. When you stage a cerebral palsy lawsuit, you expect to get the following covered:
- Emotional pain and suffering
- Medical care, including medication and doctor’s visits
- Special education costs
- Loss of wages, i.e. if parents are forced to quit work in order to take care of the child
- Home accommodation
- Occupational therapy
- Assistive equipment and technology such as soundboards and wheelchairs
- Physical therapy
The purpose of this article was to enlighten you on all you need to know about cerebral palsy. You can share with others so that they can input whatever we might have missed out. It is important to know about this condition so that in case it happens to a friend or a relative, you know how to launch a cerebral palsy lawsuit and what to expect as compensation when the case is finally decided by a court.