Cerebral Palsy Claims
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Cerebral palsy is a disorder that affects body movement, muscle coordination, and balance. It is caused by damage or abnormal development of the brain that happens before, during, or shortly after birth. Cerebral palsy may manifest in a group of permanent movement disorders that range from mild to severe. While there is no formal record of children born with cerebral palsy in Ireland, based on 59,796 births per year (CSO, 2019) with a CP rate of 1.77 per 1,000 births, it is estimated by the Central Remedial Clinic that there should be approximately 110 new cases of cerebral palsy each year in Ireland.
If you have reason to believe that your loved one suffered cerebral palsy as a result of the negligent actions of medical staff, you can make a claim for an award or settlement. This claim is a compensation claim. While it cannot cure the condition or bring the victim back to life if they died at a neonatal stage, it gives the victims or and the victims’ families answers and assists them in seeking justice for the wrong suffered.
What is cerebral Palsy?
Cerebral palsy (CP) is an assemblage of neurological disorders. Children with cerebral palsy may have movement, muscle tone, and posture difficulties. CP is not a single disorder but a collection of various conditions that have similar effects. In this case, the cause is brain damage, almost always occurring in utero or during the birth process, and also in the first few years of life. A child diagnosed with CP might not display all the characteristics associated with the condition. The disability can lead to problems with motor skills. Balance and coordination are often affected as well.
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What causes Cerebral Palsy?
Abnormal brain development or brain damage during development causes cerebral palsy. The most common reasons for this include:
- Lack of oxygen to the brain during childbirth
- Infection during pregnancy, such as rubella
- Premature birth or low birth weight
- Brain injury during childhood
- Genetics, such as mutations that affect brain development
Are there different types of cerebral Palsy?
Cerebral palsy can take form in many different varieties. They include the following, each with its own distinct characteristics:
- Spastic: Muscles are tight and stiff. Movements are awkward. This type is the most common, accounting for about 70 to 80 percent of all cases.
- Dyskinetic: Movements are slow and writhing. This type also includes some movements that are fast and jerky. This type is the second most common, accounting for about 10 to 20 percent of all cases.
- Ataxic: Shaky movements and problems with balance and coordination are the main signs of ataxic cerebral palsy. Less common than the other types, ataxic palsy accounts for about 5 to 10 percent of all cases.
- Mixed: A combination of movement problems that do not fit clearly into any of the other types.
How will my child be affected by cerebral Palsy?
The influence of cerebral palsy can differ a great deal from one person to another. It can affect:
- Motor Skills: Walking, coordination, and fine motor skills troubles that may leave a person unable to perform simple acts like buttoning a shirt or tying shoes and using just a few tools to get those acts done.
- Speech and Communication: Affected persons may have trouble speaking or using sign language. With the aid of technology and a variety of other means, however, many people with this condition can communicate just fine.
- Cognitive Function: Not all kids with CP have cognitive disabilities, but this condition can and does affect intellectual ability.
Can Cerebral Palsy be caused by Medical Negligence?
About 20 per cent of cerebral palsy cases are caused by medical negligence of the doctor, midwife or healthcare provider. The following are some ways that poor medical care can lead to the problem:
- Not keeping a close enough eye on the baby to see that he or she is in trouble.
- Using delivery tools in the wrong way.
- Not getting the baby out in a timely manner when something has gone wrong and using the wrong methods to do it.
Frequently Asked Questions
If you believe that a medical professional has administered sub-standard medical care causing cerebral palsy to your baby’s brain, our medical negligence solicitors can help you claim compensation.
How long a cerebral palsy claim takes to resolve is heavily dependent on your case and whether your case is litigated. Some claims get settled in just a few months. Others take as long as two years. The central reason for any delay is the time it takes to gather and to analyse evidence. This process can be stretched out if the defense (usually a hospital or doctor) makes a counterclaim or pushes back in any other way.
Most cerebral palsy claims do not go to court but are settled through negotiations. In the event that a satisfactory agreement cannot be reached, though, the litigation may proceed. This is where a good attorney is essential. Our team of expert medical negligence lawyers are well-versed in negligence law and medical negligence cases.
Most importantly, if your litigation must proceed to court, your attorney will not only be there for you throughout the experience but can realistically assure you of a favorable outcome.
Get the Compensation You Deserve for Your Acquired Brain Injury
Our solicitors have years of experience in personal injury law. We are passionate about our work and we will ensure that your medical negligence claim is successful. Our firm’s track record speaks for itself; we have a history of winning substantial settlements for our clients.
When we take on a case, we take a comprehensive approach, working with premier independent medical experts and ensuring clear communication. When you choose us, you are choosing an emphatic and supportive team who will always put your best interests first and obtain the best possible result for you. Our solicitors can help you pursue your claim. Get in touch with us today.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie