Here is an article where our Cerebral Palsy Brain Injury Lawyer answers questions in an effort to provide greater understanding of cerebral palsy to those who may be confused or misinformed about the condition, how it is acquired, and whether it can be cured. Cerebral palsy is complex, however, and there is much more that can be learned about the condition. Some other common questions include:
1. I have heard of “types” of cerebral palsy. What is this about?
Cerebral palsy is divided into different “types” based on how the condition is impacting the person. The two main “types” of cerebral palsy are spastic and non-spastic. “Spastic” cerebral palsy is characterized by rigidity of the muscles (hypertonia) – the muscles of the afflicted person appear flexed or in tension. Spastic cerebral palsy is the most common type of cerebral palsy and is present in about 70 percent of cerebral palsy cases. “Non-spastic” cerebral palsy covers everything else. Spastic cerebral palsy is broken down into various “sub-types” based upon the limb or limbs affected. Non-spastic cerebral palsy can also be broken down into the “sub-types” dyskinetic cerebral palsy (uncontrollable movements of the hands, arms, and feet), and ataxic cerebral palsy (trouble with balance and coordination). A person may also have symptoms of more than one type of cerebral palsy: in this case, a person is said to have mixed cerebral palsy.
2. What signs of cerebral palsy should parents look for?
Depending on the age of the child, parents should look for feelings of “stiff-ness” or “floppy-ness” in the child’s body, an inability to roll over, trouble reaching for objects with both hands, crawling in a lopsided or uneven manner, or has trouble bringing his or her hands together.
3. What is the cost of caring for someone with cerebral palsy?
The “cost” of cerebral palsy will vary from case to case, depending in large part on the severity of the cerebral palsy. Because cerebral palsy surfaces in childhood, the costs of caring for someone with cerebral palsy are quite higher than the costs associated with someone who suffers a debilitating injury later in life. Compensation awards for those whose cerebral palsy is attributable to a birth-related injury can reach into the millions of dollars and encompass losses such as disfigurement, loss of enjoyment of life, lost future earnings, past and future medical expenses, and other similar “losses” and “expenses.”
4. How does cerebral palsy limit an individual physically?
Depending on the type of cerebral palsy, an individual might experience different limitations. For example, a person with spastic cerebral palsy may find it difficult to pick up objects or manipulate them, or he or she may be unable to move without the assistance of crutches or a wheelchair (if his or her legs are affected). For an individual with non-spastic cerebral palsy, his or her limitations are likely to impact his or ability to walk and stand upright.
5. Can children who are diagnosed with cerebral palsy recover compensation?
A lawsuit seeking compensation for the child’s past and future expenses can be brought by the child (if he or she is over 18 years old and is found competent), a guardian representing the child’s interests, and/or the parents or other family members of the child. In order to recover compensation, it must be shown not only that the child suffers from cerebral palsy but that the cerebral palsy is attributable to a medical error that occurred because one or more individuals acted negligently – that is, they provided care that was below the quality of care one could have expected in that geographical location.
