Cerebral Palsy Explained for Parents and How Malpractice Claims Work

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    Written By Sara Renfro

Cerebral palsy is a neurological condition that alters muscular function, mobility, and posture. It happens when the brain gets harmed while it is still growing, usually before or after birth. The effects are quite diverse for each child.

Families of children diagnosed with cerebral palsy often want to know its cause, treatment, and if it was preventable. If parents know how cerebral palsy arises and how malpractice claims work, they can make smarter decisions.

What cerebral palsy is and how it affects children

Cerebral palsy is a group of disorders that make it difficult for children to move and coordinate. Some kids have mild motor delays, while others have major physical issues and disorders that come with them, such as seizures or trouble speaking.

The condition will always be there, but it will not become worse. This means that while a child’s needs may change as they grow, their symptoms will not worsen.

Things that happen a lot before, during, and after birth

After a brain injury, cerebral palsy can happen at any time. It could be because of infections or a lack of blood supply before delivery. Unfixed abnormalities or a lack of oxygen during labor and delivery can also harm brain tissue. After birth, there may be problems including severe jaundice, infections, or head damage.

How to know if someone has cerebral palsy

Doctors usually do not just look at one test to diagnose a child; they study how their motor skills change over time. Doctors often employ brain imaging, like MRI, to look at muscle tone, reflexes, posture, and how people move.

Signs could show up when a child is still very young, even as a baby. Some of them are missing milestones, being too stiff or floppy, or having problems synchronizing. When families learn about the problem early, they can undergo therapy that helps with moving, talking, and everyday tasks.

Tests of hearing and vision, developmental assessments, and discussions with specialists may all be part of the evaluation. This is because associated diseases can impact how care is planned, what kids require in school, and how families can obtain long-term help as their kids grow older and their situations change.

When there is a chance of medical negligence

Not every case of cerebral palsy is caused by medical misconduct. To win a malpractice case, you usually have to show that a doctor or nurse failed to obey the rules of medicine and that this caused the brain injury. For instance, they could have neglected to monitor fetal distress, delayed an emergency birth, or used the wrong delivery tools.

How to think about malpractice claims

Duty of care, breach, causation, and damages are the four most significant aspects of a malpractice lawsuit. Parents need to show that a provider had a duty, broke that duty, and caused harm that led to losses that could be measured.

Damages can cover things like medical expenditures, therapy, assistive devices, and long-term care needs. These are not just hypothetical situations. There needs to be verification for each claim.

Timing and procedural issues

Statutes of limitations set strict deadlines for filing medical malpractice cases. These dates vary in each state, and they may be longer for minors, but they are not open-ended.

As such, it is important to start checking into things right away because records, monitoring strips, and witness memories may become harder to locate as time goes on.

Key Takeaways

  • Cerebral palsy is caused by brain injury at a young age.
  • The severity and symptoms vary considerably among children.
  • Some occurrences involve preventable medical errors.
  • To win a malpractice case, you have to establish that the standard of care was not followed.
  • Deadlines and proof are highly crucial.

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