What Is Cerebral Palsy?

Did you know that cerebral palsy (CP) affects between 2 to 3 out of every 1,000 live births in Canada? While some cases of CP are unavoidable, others could have been prevented with proper medical care during childbirth.

This simply illustrates the concern that a simple mistake by a doctor or healthcare provider can lead to a lifetime of challenges for a child and their family.

In this blog, we will break down what cerebral palsy is, how medical negligence can cause it, and why understanding your legal options is essential for securing the necessary care and support for your child’s future.

Understanding Cerebral Palsy

Cerebral palsy (CP) is a neurological disorder caused by abnormal brain development or damage to the developing brain, affecting a person’s inability to move and maintain balance and posture.

“Cerebral” refers to the brain, while “palsy” signifies the lack of muscle control. Individuals with CP may experience muscle tone abnormalities, which can be classified as:

• Spastic (tight muscles): Muscles are overly tight and stiff due to increased muscle tone, thus making movement difficult and often resulting in jerky and awkward motions.
• Hypotonic (floppy muscles): Muscles are weak and very floppy due to decreased muscle tone, leading to challenges with posture, balance, and coordination. Children with hypotonia CP may have difficulty sitting up or holding their heads steady, as their muscles lack the necessary strength to support these activities.

In addition to movement challenges, CP can present several other symptoms like:

• Difficulty with speech and communication
• Learning disabilities
• Seizures
• Sensory impairments

These symptoms can range widely in severity, with some individuals requiring significant support throughout their lives, while others may lead relatively independent lives.

How Medical Negligence Can Cause Cerebral Palsy

The childbirth process can be complicated, and errors during this process can lead to CP. For instance, the improper use of forceps or vacuum devices during delivery can cause physical trauma to the baby’s head, which may lead to brain damage.

In other cases, if a C-section is delayed when the baby is in distress, oxygen deprivation (hypoxic-ischemic injury) can occur. This lack of oxygen is a leading cause of brain damage that results in CP.

In Ontario, families whose children develop CP due to medical negligence have the right to seek compensation under provincial laws.

Ontario’s Limitations Act allows families to file a medical malpractice claim within two years of realizing the injury. For children, this period does not begin until their 18th birthday, giving them until they are 20 to pursue a claim.

Legal claims, which are usually spearheaded by cerebral palsy lawyers or specialized attorneys, can provide your family with the financial means to support lifelong care and therapy for your child.

The Lifelong Effects of Cerebral Palsy on a Child

Beyond physical and cognitive issues, like mobility and speech challenges, CP presents emotional and financial strains for children and their families.

• Emotionally, children with CP face frustration, anxiety, and social isolation as they grapple with their limitations. The struggle to communicate, participate in activities with peers, or express themselves often leads to feelings of low self-esteem and depression. As they age, the emotional toll can intensify and impact their mental health and overall quality of life.
• Financially, the cost of lifelong care can be overwhelming. Families must manage expenses for ongoing therapies, specialized equipment like wheelchairs, communication devices like hearing aids, and home modifications to accommodate mobility needs. These financial strains can cause stress and anxiety for parents, especially when considering the costs of such necessities without government support or compensation.

Why You Should Sue for Compensation

The costs of caring for a child diagnosed with CP are immense, ranging from hundreds of thousands to millions of dollars, depending on the severity of the condition. Therefore, seeking compensation is crucial.

Filing a lawsuit with the help of experienced cerebral palsy lawyers ensures that you or a loved one are not left to rely on government subsidies or external funding. It even allows victims to seek justice for the harm done, and obtain compensation necessary to provide the child with care throughout their life.

At Sommers Roth & Elmaleh, we understand that families impacted by CP due to medical negligence require more than just compensation—they need financial security for the future!

Our goal is to ensure that you won’t rely on government programs or external funding to afford basic and advanced care and support for your child.

Our cerebral palsy lawyers have a proven track record of securing high compensation amounts for you. We bring decades of experience, a deep understanding of medical malpractice law, and a relentless commitment to fighting for justice.

Whether negotiating a settlement or taking a case to trial, we are prepared to do whatever it takes to hold negligent healthcare providers accountable.

Success Stories: Examples of Cases Our Cerebral Palsy Lawyers Have Won

Our cerebral palsy lawyers have a strong track record of winning substantial compensation in CP cases, especially in two notable events:

• In one case, a young girl with CP was awarded over $15.6 million after an obstetrician’s botched use of forceps and a vacuum device during delivery caused severe brain injury. Our cerebral palsy lawyers argued that improper medical intervention during birth led directly to her condition, thus securing the financial support she needed for lifelong care.
• In another case, a man was awarded over $11 million after suffering a severe hypoxic-ischemic injury due to a delayed C-section at birth. Our cerebral palsy lawyers demonstrated that the failure to promptly intervene caused irreversible damage, leading to CP.

These victories show our commitment to holding negligent medical professionals accountable and obtaining the compensation our clients deserve for their future care.

If you suspect that medical negligence caused your child’s CP, our compassionate cerebral palsy lawyers can make all the difference! For more information, call us at 1-844-414-0121 or contact us online to evaluate your claim and take the first step to justice and deserved compensation.