Cerebral palsy (CP) is a neurological disorder that affects muscle tone, movement, and posture. It arises from brain damage, which often occurs before, during, or shortly after birth. Among the causes of cerebral palsy, medical malpractice is a notable concern.
Inadequate care during the prenatal, perinatal, or immediate postnatal periods can lead to such lifelong conditions, stressing the need for improved healthcare standards and accountability.
Caring for a child with cerebral palsy is a deeply engaging and often exhausting role that demands a significant amount of physical, emotional, and financial resources.
This article offers a comprehensive exploration of these impacts, which include emotional, financial, and physical tolls, along with insights on how a cerebral palsy negligence lawyer can provide vital support.
The Rising Impact of Cerebral Palsy
A study forecasts that new cerebral palsy diagnoses in Canada will grow from about 1,800 cases in 2011 to almost 2,200 by 2031. Additionally, the total population of individuals living with CP is expected to increase from over 75,000 in 2011 to more than 94,000 in 2031.
The financial, emotional, and physical burdens on families are intensified by the heightened and prolonged medical needs associated with CP. The study highlights that Canadians living with cerebral palsy continue to endure a reduced quality of life and increased disabilities.
Understanding the Severity of Cerebral Palsy
The severity of CP varies significantly among individuals, ranging from minor motor skill difficulties to severe physical disabilities affecting movement, speech, and overall functionality.
Types and Classifications
By Gross Motor Function:
- Level 1: Walks without restrictions; limited advanced gross motor skills.
- Level 2: Walks without assistive devices; limited in outdoor and community mobility.
- Level 3: Walks with assistive devices; limited in outdoor and community mobility.
- Level 4: Self-mobility with limitations; uses power mobility or transportation aids outdoors.
- Level 5: Severe mobility limitations despite assistive technology.
By Number of Limbs Involved:
- Quadriplegia: All four limbs are affected.
- Diplegia: All four limbs are affected, the legs more so than the arms.
- Hemiplegia: One side of the body is affected, the arm more than the leg.
- Triplegia: Three limbs are affected, usually both arms and one leg.
- Monoplegia: One limb affected, typically an arm.
Movement Disorder:
- Spastic CP: Characterized by muscle tightness and stiffness, resulting in awkward and clumsy movements.
- Athetoid CP: Involves involuntary writhing movements and difficulty in coordinating movements.
- Ataxic CP: The least common form, marked by poor balance and depth perception, resulting in unsteady movements.
Therapeutic Management
Early intervention with physical therapy is crucial for managing CP. Therapy focuses on preventing muscle atrophy and contractures—conditions where muscles become fixed in a rigid, abnormal position due to spasticity. Physical therapy, sometimes supplemented with orthotic devices, aims to stretch spastic muscles and promote functional mobility.
Occupational and speech therapies are similarly critical, helping individuals achieve independence in daily activities and communication. In severe cases, orthopedic surgery to lengthen muscles may be necessary to improve movement. Post-surgical rehabilitation involves extensive physical therapy to regain strength and functionality.
The Realities of Long-Term Care
The journey begins with an unexpected shift into lifelong caregiving, typically involving one parent of a child with cerebral palsy. This significant change means that traditional employment becomes impossible for the caregiving parent.
Consequently, the other partner is frequently compelled to become the sole financial provider. This shift disrupts the caregiver’s career trajectory and personal development, leading to financial difficulties as the family must rely on a single income to meet all their needs.
Many caregivers also belong to the “Sandwich Generation,” adults who care for their dependent children and aging parents simultaneously. This role can stretch their capacity to its limits, often exacerbating the emotional and physical toll.
The presence of multiple dependents who require constant care can lead to significant personal sacrifice, with caregivers having to forego their own needs and professional aspirations.
Financial Strain and Economic Challenges
The financial burden borne by caregivers of children with cerebral palsy is considerable, spanning direct medical costs and necessary lifestyle adjustments:
- Ongoing medical costs: Regular medical treatments, therapies, and medications are significant financial burdens.
- Adaptive equipment and home modifications: These essential changes include expensive items and renovations to make homes accessible.
- Employment impact: Caregiving demands can force a parent to reduce working hours or leave employment, affecting family income.
The Escalating Cost of Early Care
Upon receiving a CP diagnosis, parents face immediate financial pressures. Early intervention is crucial and involves a range of therapies aimed at promoting development and managing pain.
Initially, these therapies are often supported by parental health benefits, but these are quickly depleted. Public funding limitations mean that access to specialized treatment centres is restricted until a child reaches the age of two—and often later due to waiting lists. Families must then cover increasing costs out-of-pocket, even as the necessity for specialized therapies grows.
During the early stages, some relief is provided by using off-the-shelf mobility aids that can be adapted as needed. However, as a child grows, the need for custom-designed equipment becomes unavoidable, driving expenses higher.
Aging With Cerebral Palsy
As individuals with CP age, the physical challenges associated with the condition can intensify, marked by increased spasticity, fatigue, and decreased mobility. A proactive approach toward maintaining mental health and physical fitness can mitigate some of these challenges, emphasizing the importance of a supportive and understanding community.
The Dual Burden on Caregivers
The role of a caregiver often falls to women, many of whom must navigate the complex demands of caring for a child with CP while potentially also looking after aging parents. This dual responsibility can lead to significant stress and health impacts.
Caregivers frequently perform various tasks—from physical therapies to daily personal care—often without respite. Their dedication extends beyond basic care; they become nurses, personal attendants, and much more to their loved ones.
Leveraging Government Programs for Support
To manage these escalating costs, parents often resort to various funding strategies. Government assistance programs, while helpful, typically cover only a fraction of the expenses. For example, the Ontario Assistive Devices Program covers 75% of equipment costs, leaving families to pay the remaining 25%.
The Assistance for Children with Severe Disabilities Program offers monthly financial support based on income and needs, but this is usually insufficient to cover all expenses. Consequently, many families turn to fundraising efforts, seek help from volunteer organizations, or use platforms like GoFundMe to bridge the financial gap.
Considering Legal Recourse
Engaging a cerebral palsy negligence lawyer can be instrumental in addressing the financial challenges. Legal expertise can help families access financial relief through various avenues:
- Evaluating claims: They determine the viability of a malpractice claim and the linkage between medical errors and the CP condition.
- Securing compensation: They obtain settlements or awards that cover medical costs, ongoing care, and necessary modifications, which alleviate the family’s financial burden.
- Guiding through legalities: A cerebral palsy negligence lawyer can navigate complex legal procedures, making the process manageable for families.
- Advocating and negotiating: Cerebral palsy negligence lawyers negotiate with healthcare providers and insurers to ensure fair compensation.
- Ensuring long-term security: Compensation helps fund the child’s future needs, enhancing their quality of life.
We Offer Legal Support for Cerebral Palsy Negligence
If your child’s cerebral palsy resulted from medical negligence, you might be entitled to compensation that can significantly aid in managing the financial demands of lifelong care.
Whether it’s a failure to monitor fetal distress, an untimely delivery, or inadequate response to neonatal asphyxia, our cerebral palsy negligence lawyers are adept at navigating these complex cases.
At Sommers Roth & Elmaleh, we work diligently to ensure that families receive compensation for medical expenses, home modifications, and attendant care beyond what is provided by government programs. Call us at 1-844-940-2386 or contact us here for a no-cost consultation.