Cerebral Palsy Medical Malpractice Lawyers - Canada Compensation Claims

LAWYER HELPLINE: ☎ 855 804 7142


Medical malpractice is a special case of personal injury negligence in which a person in the medical profession does something to harm the patient or fails to do something that ultimately harms the patient. Cerebral palsy caused by medical malpractice is secondary to a catastrophic brain injury. A catastrophic injury is usually one that occurs suddenly and without warning. Victims and families are affected to varying degrees for the rest of their life. Catastrophic injuries can include traumatic brain injuries, spinal cord injuries, multiple internal injuries and amputations. The costs of treating these medical injuries lasts a lifetime and run into the millions of dollars. Most catastrophic injuries including cerebral palsy caused by medical malpractice are irreversible, requiring permanent care on the part of the injured person for the remainder of their life. Cerebral palsy is caused by irreversible damage to the brain and whilst there is no treatment that can reverse the damage done to the brain there are therapies that can ease the pain and disability for the victim and can help careers and families to better deal with matter.

Care costs money and the way forward for someone who has been injured due to the negligence of another person is to instruct a specialist medical malpractice lawyer who is well versed in cerebral palsy, to take legal action to claim financial compensation against a negligent healthcare professional who will almost inevitably be insured against such eventualities. If you are an injured person or the relative of an injured person, you can’t just trust to luck to find a good cerebral palsy compensation claim lawyer. Our lawyers are very experienced in catastrophic injury cases and have a strong record of successful litigation in regards to cerebral palsy compensation claims. We offer free advice, without any obligation, and will advise on liability and the potential value of your claim immediately. If after speaking with a cerebral palsy lawyer you wish to proceed no further, then we have no problem with that and you will not be harassed into taking legal action.

Our cerebral palsy lawyers have a client centered approach that focuses on client needs. They will vigorously act on your behalf to ensure judgement ordering payment of damages for personal injury and loss. Legal jargon will be fully explained to you so you can understand what is happening in your case. Calls and faxes will be answered on the same day. Our cerebral palsy lawyers will always be available to discuss your claim on the telephone. The idea is to get the maximum damages that are owed to you. Our lawyers are seriously motivated in so far as they only get paid when you get paid.

There are time limits in all personal injury cases. If your child has been diagnosed as suffering from cerebral palsy and you have the slightest suspicion that the cause may have been medical malpractice by a healthcare professional you should immediately speak to a cerebral palsy lawyer with a view to establishing whether or not the limitation period has expired. Time limits vary dependent on a number of factors and you should not trust to luck or hope for the best – take qualified professional legal advice from a cerebral palsy lawyer without delay. Failing to abide by the statute of limitation may mean that the opportunity to claim compensation has been lost forever.


Cerebral Palsy

Cerebral palsy (CP) is a group of non-progressive, permanent disorders that cause motor dysfunction and which reveals itself in the months following birth. Besides being a movement disorder, it can affect sensation, communication and depth perception. Patients with cerebral palsy have disorders of cognition and a seizure disorder in about a third of cases.

Cerebral palsy is the result of damage to the motor control centers of a brain that is still developing, from the prenatal period up to age three. About 2 percent of all cases of cerebral palsy are believed to be genetic. Other causes of cerebral palsy include birth trauma and perinatal infections. Child abuse is another cause of postnatal cerebral palsy and very low birth weight is a cause of cerebral palsy. Cerebral palsy occurs in about 2.1 out of every 1000 live births.

The central feature of cerebral palsy is a limitation in movement but problems in thinking, learning, communication, feeling and behavior are factors as well. A total of 28 percent have epilepsy, 58 percent have communication difficulties and 42 percent have problems with vision. Up to 56 percent are known to have learning disabilities.

Cerebral palsy is characterized by an abnormal muscle tone, abnormal reflexes, poor motor development and poor coordination. Joints can be deformed and extremities contractured (permanently fixed, tight joints, and muscles). The classical features of cerebral palsy include spasms, spasticities, involuntary movements, unsteady gait, balance problems and soft tissue problems, such as facial gestures. Those that can walk often scissor walk. They range from mild clumsiness to severe impairment of motor function and cognition.

Posture is irregular in patients with severe cerebral palsy and they may have really floppy muscles or really stiff muscles. Some symptoms change or disappear as the child ages. Some babies with cerebral palsy have symptoms that show up at about 6.5 to 9 months of age, when they’re starting to become mobile.

Resulting conditions from cerebral palsy include epilepsy, seizures, dysarthria, apraxia, communication disorders, eating problems, intellectual disability, sensory impairment, urinary incontinence, learning disabilities, fecal incontinence and behavior problems.

Speech and language difficulties are extremely common with people with cerebral palsy. Those CP patients with dysarthria are 31-88 percent. The speech problems are usually associated with things like poor respiratory control, velopharyngeal dysfunction, laryngeal difficulties and mouth articulation disorders. Dysarthria in cerebral palsy can be dyskinetic, spastic and ataxic.

The main cause of cerebral palsy is damage to the developing brain: in pregnancy, delivery, the first month of life or rarely in early childhood. MRI of the brain can reveal structural problems in the brain 80 percent of the time, usually in the brain’s white matter. Three fourths of cases are believed to be pregnancy-related.

A total of 40-50 percent of babies who get cerebral palsy were born prematurely. Up to 90 percent are believed to be due to prenatal causes. Multiple-birth infants are more likely to have cerebral palsy. In infants born between 1 kg and 1.5 kg have a 6 percent chance of getting cerebral palsy. Babies born between 34 and 37 weeks gestation have a three times normal risk of getting CP.

Of term infants, there can be placental problems, low birth weight, birth defects, breathing meconium into the lungs, a delivery requiring vacuum or forceps, an emergency delivery, an emergency Cesarean section, birth asphyxia, respiratory distress syndrome, seizures after birth, infections in the infant or low blood sugar that is prolonged. An inherited cause of CP is related to glutamate decarboxylase-1. Most genetic causes are related to an autosomal recessive trait so they are uncommon.

The diagnosis of cerebral palsy depends on history and physical exam. There is a general movements assessment that involves measuring spontaneous movement among babies less than four months of age that is an accurate test for CP. CT scanning or MRI scanning can show brain damaged areas of brain. The earlier CP is diagnosed accurately, the better the opportunity exists for treatment, including physical and educational help. CP look-a-likes can be treated appropriately. CP experts therefore wait until 36 months before making an official diagnosis of cerebral palsy so diseases it mimics can be ruled out.

There are three types of cerebral palsy: spastic, ataxic and athetoid/dyskinetic. Spastic cerebral palsy involves excessive muscle tightness. It occurs in about 70 percent of all cases of cerebral palsy. They have an upper motor neuron problem in the brain so that the lower motor neurons are spastic.

Ataxic cerebral palsy is caused by damage to the cerebellum. Ataxia is less common, occurring between 5-10 percent of all cases. Patients have tremors and hypotonia with motor skills like writing, typing and using scissors being impaired. Visual and auditory processing can be impaired and balance while walking is off. Dysarthria is common.

Athetoid cerebral palsy, also called dyskinetic cerebral palsy has mixed muscle tone with hypertonia mixed with hypotonia and involuntary movements. Fine motor control is affected so they may not be able to hold onto objects like toothbrushes and pencils. Ten percent of individuals with CP have dyskinetic CP. The main part of the damage occurs to the extrapyramidal system and/or the pyramidal tract and basal ganglia.

The management of cerebral palsy maximizes independency and community involvement. There are interventions for body structures and functions but evidence is lacking for effective interventions targeted toward personal, environmental and participation factors. Treatment for cerebral palsy is a lifelong practice focusing on the management of related conditions. The brain isn’t set yet until age 8 and there is the ability to reroute many signal pathways that may have been affected by the initial trauma.

Medical treatments include anticonvulsant medication, botulinum toxin, bisphosphonates, casting, and diazepam, context focused therapy, fitness training, goal-directed training, hip surveillance, occupational therapy, home therapy programs and having a selective dorsal rhizotomy.

The different types of CP therapy are available to help people living with cerebral palsy as well as those who care for them and their parents. Speech therapy can be used along with occupational and physical therapy to maximize mobility and function. There are a variety of unique therapies like water therapy and surgery to reduce tight joints and muscles that maximize function for a lifetime.

LAWYER HELPLINE: ☎ 855 804 7142