Archive for the ‘Personal Injury’ Category

 

Key elements in making a compensation claim for Birth Injuries such as Cerebral Palsy

Monday, August 24th, 2009
russell jones asked:




The birth of a baby is a magical journey, from a safe warm environment to the dangerous world outside.

The short distance though belies such a significant step of life its self as the embryonic stage enters its next phase.

Great strides in medical science have been made in all areas of health care but problems associated with the birth of a child both pre and post natel appear to have continued in similar numbers for many years.

The increasing demands of medical staff to provide a service under increasing financial and resource restraints is the ‘accident waiting to happen’ or indeed ‘the recipe for disaster’.

When a birth injury occurs there are many emotions present in the minds of parents and those close to them.

Much of course depends on the severity and type of injury. An extreme injury may well take the life of a baby, mother or both. The pain and suffering of family and friends at this sad time surely can not be described, however the loved ones of a severely injured baby with cerebral palsy for example must be terrible.

The warmth and love associated at this time is replaced with a negative feel.

Very often a period of reflection is needed, to take stock and make provision for the next step.

The severity of the injury dictates the strength of emotion, and possibly the length of time needed to reflect.

There will come a time however when strength takes hold and a decision made to ask for information as to why the birth injury occurred.

At this moment it is important to get a medical negligence expert onboard.

Professionally managing the case will reduce the amount of stress and worry of taking on a compensation claim for damages are, particularly in these types injuries.

To make a successful compensation claim for a birth injury in the UK it must be demonstrated that four main areas are covered.

1: a duty of care owed

2: a breach of that duty, which we will call negligence

3: a causal link between the breach of duty and injury sustained

4: a loss or injury

If all of these requirements are made then it would be fair to assume a successful compensation claim would be possible.

For further information surrounding making a compensation claim for a birth injury visit the website:

http://www.cerebralpalsy-compensation.co.uk









Norma

 

Cerebral Palsy

Thursday, July 9th, 2009
Evan Langsted asked:




The term “Cerebral Palsy” is used to describe a group of disorders that affect a child during the first few years of life. Cerebral palsy can cause muscles to be weak and floppy or rigid and stiff. This condition occurs in 8,000 children born each year. Cerebral palsy is usually caused by a brain injury early in the development of the child. At the present time there is no cure.

Risk Factors for Cerebral Palsy



· Premature birth


· Low birth weight


· Breech birth


· Multiple babies


· Toxic substances


· Mothers health


If the cause of Cerebral Palsy was not congenital there is a possibility that it could have been prevented.

Possible Causes of Cerebral Palsy



If during labor and delivery there were complications that required the use of forceps, vacuum extraction or a cesarean section, it is possible the child was in the birth canal for an extended period of time resulting in lack of oxygen (hypoxia). Hypoxia is thought to be a cause of Cerebral palsy. After the birth, if the child required cardiopulmonary resuscitation (CPR), that is another indication there was an instance of lack of oxygen. Seizures within the first few days of life also indicate there was a neurological problem.

The entire family is challenged when being presented with the care and support of a child diagnosed with this disabling condition. Since there is no cure for Cerebral Palsy the cost for care and treatment of a person with this disorder can easily top more than $1,000,000.00 a year.







Timothy

 

Cerebral Palsy - The Symptoms and How it Happens

Wednesday, May 27th, 2009
Richard Hastings asked:


1. What is cerebral palsy?

It is a phrase that describes a group of disorders that affect the ability of a person to control their muscles. CP, as it often referred to, is a disorder of the brain that can cause a number of problems which may include:

* Problems in controlling muscles * Problems with walking * Problems using one’s arms or legs * Seizures

2. What are some of the medical mistakes that cause this problem?

Although there is no one single cause , it may be caused by mistakes made by doctors or hospitals. This situation can be caused in a number of different ways which could include:

* Excessive force used in the delivery of the baby including the use of forceps * A delay in the performance of a necessary C-section * Failing to recognize on a timely basis that the baby is in distress * Depriving the baby of oxygen during the delivery * Failure to order specific tests during pregnancy and/or not properly interpreting tests * Lack of oxygen to the brain or trauma to the head during labor and delivery

3. If my child is suffering from CP what should I do?

It is extremely important to have an experienced medical malpractice injury attorney who has expertise in the handling and presentation of birth injury cases.

An attorney should be contacted immediately if one suspects that this condition was caused by medical negligence.

4. How do I go about getting experts to help me with my case?

Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.

5. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.



April

 

New York Medical Malpractice Lawyer explaining Cerebral Palsy

Friday, February 13th, 2009
New York Personal Injury Law Firm asked:


Cerebral palsy can result from a brain injury to the unborn baby during the development of fetus. However, there are several causes behind brain damage and some of the factors which can contribute to the condition are as given below:-

Maternal Infections

If the mother of an unborn child receives infection then it increases the chances of baby suffering from cerebral palsy. Some of these infections include:-

• Urinary tract infection (UTI)

• Infection of the bladder or kidney

• Rubella

• Infection of the bloodstream such as Sepsis

• Chorioamnionitis, a uterus infection

• Toxoplasmosis

If you are pregnant and have any of the above infections, then you must see your doctor immediately.

Prenatal/Neonatal Infections & Complications

The risk of cerebral palsy manifolds if you have an infection during neonatal/prenatal care:

• Bacterial meningitis

• Viral encephalitis

• Group B streptococcal infection

• Herpes group B

• Sepsis

• Rh incompatibility

• Severe Jaundice

• Premature Birth/Low Birth Weight

Having a premature delivery also increases the chances of baby born with symptoms of cerebral palsy. Premature infants are more vulnerable than babies with regular term. Most of these babies experience health related problems and have to be hospitalized. Pregnant mothers should also avoid intake of Smoke, Drug, and Alcohol. Mothers should also avoid stress otherwise it will put your baby at risk of cerebral palsy.

Some of the cerebral palsy cases can result from above causes. However, there are several cases where a child receives brain damage during the actual delivery. This damage to the brain can easily result in cerebral palsy. Injuries at birth should be prevented otherwise it could result in cerebral palsy.

Following are some of the causes which can result in Cerebral Palsy:-

• Misdiagnosis of Maternal infections and not receiving proper medical care.

• Inability to Identify and act upon fetal distress

• C-secton not done in a timely manner

• Lack of oxygen to the newborn baby

• Improper usage of instruments such as forceps

Medical malpractice usually results from negligence on the part of medical staff. However, the financial stress of medical malpractice can be overwhelming for the parents of the newborn baby. It is your judicial right to receive compensation in case your child is a victim of medical negligence.

When should you contact a New York Cerebral Palsy Lawyer

If your child has been a victim of medical error (within New York) which resulted in cerebral palsy, then you must contact a New York Cerebral Palsy Lawyer. The treatment of a child who is suffering from cerebral palsy is very expensive and can cost up to $500,000 over the child’s lifespan. If you find yourself in a similar situation then you must fight for your rights. You can file a medical malpractice lawsuit be compensated for treatments. You will also receive compensation for mental anguish, pain and suffering and other related costs. There is no known cure for cerebral palsy. The treatment of cerebral palsy is costly and you must speak with a New York Cerebral Palsy Lawyer who will help you receive justice and compensation.



Jacqueline