Need legal advise too

[mercado]

Hi to all.. Actually, I am in the midst of great dilemmas and worries. My kid is now 2 years old. During the pregnancy period the doctor, not even specified about the brain's growth of my kid. He is not yet started to walk as he is not capable to hold weight on the legs. He is not acting like a normal child too. What can I do to rescue my child from this CP? I am just thinking to sue the doctor for medical malpractice. As a father, it's my responsibility. Can you please suggest any legal advisers for this? I am also discussing this with my friends. I welcome your opinions and suggestions

[funnylegs4]

I’m so sorry that your son is having issues. This is the only site with legal info I know off the top of my head http://cpfamilynetwork.org/legal-rights-and-help/
Cerebral Palsy can certainly be caused by a birth injury but it can also be caused by many other things. CP doesn't automatically mean a doctor has done something wrong. Cerebral Palsy is NOT genetic. However people can have genetic risk factors that can partly lead to Cerebral Palsy. I heard once that Cerebral Palsy is caused in part by genetic risk factors about 2% of the time. These genetic risk factors have to do with the Corpus Collusm or Cerebellum part of the brain being underdeveloped(premature birth), or often involve blood vessels so the cause of the CP in these cases is usually a brain bleed or blood clot like a stroke. Is your son premature? It can be caused by issues with blood flow during pregnancy which is usually not noticed until the child is a toddler. I have also heard of 2 people in the same family having CP if they are twins and the blood flow to the twins' brains in the womb is not good. If you are going the legal root you need to know these kinds of facts as well. Here is a description of Cerebral Palsy from my website where I make films about people with CP, that may help you understand CP further.


Many of the characters in my films have Cerebral Palsy. Cerebral Palsy (often shortened to "CP") is a brain injury that happens before, during, or shortly after birth. It can be caused by lack of oxygen to the brain or conditions such as a fetal brain hemorrhage, which is similar to a stroke, but in most cases the reason for the brain damage is unknown. Cerebral Palsy affects the motor areas of the brain in a vast amount of ways depending on where the damage in the brain occurs. It usually causes the muscles to be too tight (spastic) or too loose because the brain signals are constantly being misfired throughout the person's entire life. The misfiring can lead to issues with balancing, coordination, speech, proprioception, body alignment, and even a life long retaining of certain infant reflexes such as the Moro Reflex. The Moro Reflex is the startle reflex in babies and usually disappears when the baby is under 6 months of age but people with CP can have this reflex as children and adults. It is essentially a built in pre programed fear of falling. CP can affect one side of the body (called hemiplegia) or both sides of the body. Every case of Cerebral Palsy is unique and can range from being so mild that it is almost unnoticeable to being so severe that the person uses a wheelchair full time. The above information can be found on my website here as a link here as well http://www.cripvideoproductions.com/about.php

No offense, as I know you want the best for your son! But you cannot “rescue” your son from Cerebral Palsy. Once you have Cerebral Palsy you have it for life, I have Cerebral Palsy, but you can do various surgery, physical therapy,occupational therapy http://www.progressivehealth.com/nut...bral-palsy.htm and alternative body work neuroplasticity type treatments. Here is a documentary about a dancer with Cerebral Palsy who used neuroplasticity to improve his gait and neurologic function www.enterthefaun.com The thing to remember with CP is the brain is constantly changing and rewiring. The brain cells that are dead will always be dead but you can train the brain to use a different set of neurons to replace the dead ones. NEVER let a physical therapist or doctor tell you the brain can’t change. It CAN!
In my films here http://cripvideoproductions.com/dramasighted.php http://cripvideoproductions.com/limpallowed.php http://cripvideoproductions.com/cripsnotcreeps.php The actors playing the main characters have mild forms of Cerebral Palsy like I do and live independently. My advice to you is that if your child has CP you will have challenges but for the person with CP it is perfectly “normal” and natural for us to move the way we do. We don’t suffer. Don't be afraid! It will be okay! We just live life just as everyone else. Believe it or not, I do understand some of what you are going through because a close adult friend of mine had a stroke,I was terrified, and I wanted to “rescue” him from the stroke. I soon realized he did not need rescuing. He took it in stride and I hope your son will too. Please let me know if you need anything else??? Do you have questions?? I have CP and would love to help you!

[Earth Mother 2 Angels]

((((((mercado)))))) ~

TO BRAINTALK!

As the Mother of two sons, who were born with severe neuromuscular disabilities, I certainly understand your deep concern and fervent passion to help your son live a full, quality-filled life. I understand your fears, and your desire to affix blame on the physician.

While I would not discourage you from pursuing legal compensation for your son's diagnosis, I would recommend that you consider that the legal process can be long, expensive, and painful in malpractice cases. You'll need an outstanding attorney, with a winning track record, and tons of documentation of malpractice by the attending physician. Undeniable, irrefutable evidence that the physician(s) was/were at fault.

Now, take a moment to weigh the stress of a lawsuit versus time with your son. Based upon my unfortunately extensive experience, I guarantee you that a lawsuit is stressful and that it will interfere with time with your son.

Time with your son can be used finding him appropriate physical therapy, and an Early Intervention Program, which will help him learn skills and adaptations for his limitations. You will need to find him appropriate educational opportunities in public or private schools. These are things, which you need to be doing right now to plan for his future.

You are grieving for your son, which is natural and understandable, and it is what every parent in your shoes feels. Your first responsibility to your son is to give him all of the opportunities to develop to his fullest potential. And to love and cherish him, as he is, regardless of the cause for his Cerebral Palsy.

Focus on your brave, beautiful boy, and give him all of the Dad-Love in the world. Remain positive that he will learn and overcome his obstacles, with you leading and guiding him. Please believe me ~ this is what he needs the most from you.

I have waged many a legal battle both privately and at state-level in my 46 years of parenthood. I've prevailed, but it cost me precious time with my sons, and the stress was indescribable in every case. So, my unprofessional, but experience-based lay person's legal advice to you is: Make sure that you have a solid winning case, before you proceed.

Please join us on the Child Neurology forum, where you will be among parents of children with various neurological conditions, including Cerebral Palsy.

Love & Light,

Rose

[mercado]

Thanks for your response and for all the information shared about CP. But I believe that the doctor has all ways to recognize it during the pregnancy period. If he told about the matter earlier, my family wouldn't have face such a great depression now. I want him to never repeat it again to anyone. When I talked with one of my friends yesterday, he named a law firm Campisi Law. Do you know anything about this firm?. I want the best lawyer to win justice for my child. That's why I am asking these questions.

[funnylegs4]

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Thanks for your response and for all the information shared about CP. But I believe that the doctor has all ways to recognize it during the pregnancy period. If he told about the matter earlier, my family wouldn't have face such a great depression now. I want him to never repeat it again to anyone. When I talked with one of my friends yesterday, he named a law firm Campisi Law. Do you know anything about this firm?. I want the best lawyer to win justice for my child. That's why I am asking these questions.

You're very welcome! Why do you feel he could have found the CP earlier? I'm just curious. Was there any issues with the pregnancy? Was your son moving less than normal in the womb?? Did you have a gut feeling something was wrong and the doc never listened?? I ask out of curiosity not judgement! I'm curious because my own case was not noticed until I was 8 months old and a few of my friends with CP were not diagnosed until they were already 2 years old because the developmental delays were invisible until that point. In my experience unless the pregnancy is somehow abnormal they will not do the kind of tests that would diagnose CP during pregnancy. Furthermore if they can diagnose CP in the pregnancy the brain is already damaged so it would not prevent the condition. I'm sorry I have not heard of this law firm. My family never took legal action as my CP was likely a blood flow issue in pregnancy(placenta detached), not birth injury. I second what Rose said. Think carefully. Your son is your beautiful baby whether he has CP or not and he needs your full attention. He needs to know you love him for HIM, ALL of him.

[Earth Mother 2 Angels]

((((((mercado)))))) ~

funnylegs4 speaks from personal experience and a vast knowledge of Cerebral Palsy. Her point is valid and worthy of your consideration:

"Furthermore if they can diagnose CP in the pregnancy the brain is already damaged so it would not prevent the condition."

If the fetus shows an anomaly in the womb, there is no reversing of that anomaly.

Can you tell us exactly what the doctor did or did not do to cause your son's Cerebral Palsy?

Do you have proof, evidence, documentation that your son's condition is the result of the doctor's negligence?

As I mentioned, I'm not an attorney, but I have 4 decades of experience in legal battles with medical, educational, and political issues related to my children. I know what is required in proving a case, and these are questions a good lawyer will ask you up front. So you need to go to the first meeting with that lawyer armed to the teeth with proof.

You also need to be well informed about Cerebral Palsy, before you meet with your attorney, unless you can locate an attorney, who is knowledgeable in CP and other disabilities. You should know the medical terms associated with CP, the kinds of treatments available for CP, the potential medical problems, surgeries, and equipment that might be needed for a person, who has CP.

If you are intending to sue the physician, then the cost of your son's lifetime of care and needs should be factored into the settlement amount. So, you need to be able to predict the scenario of your son's future to set an amount.

And that is difficult to do, since CP has a range of manifestations and levels of impairment. It's impossible for you to know now, when your son is 2 years old, what his abilities and needs will be in 10 or 20 years.

Since I'm an American, I don't know anything about Canadian law, so I can't help you there. But if there are legal advocates for persons/children with disabilities, I would start there, rather than hire a private attorney. Search for agencies serving children with disabilities, and contact those agencies for advice and guidance. You might even find out that you have a solid case, and they might be able to direct you to the appropriate attorney to handle your case.

Meanwhile, please remember my suggestion that your son needs you to be his hands-on, loving Dad, as well as his advocate. Direct your energy toward your son to help him reach his highest potential. Hug him. Praise him. Love him. That is definitely the best thing you can do for him.

Love & Light,

Rose

[funnylegs4]

Rose is absolutely right. I was not able to stand until I was 3. I now walk independently for a decent distance. People with CP change in their abilities as they grow. I would be happy to provide you with more info on CP terms etc if you want it? Let me know? Please give us more specifics if you can?

Thank you so much Rose! I appreciate your validation!

[funnylegs4]

I thought this might help you https://youtu.be/qkvkCagoECY It is Cerebral Palsy Awareness Day today.

[Donna Thomson]

Hi Mercado, I am the mother of a young man with CP living in Ottawa, Canada. I'm also a disability and family caregiving activist. In which province do you live? If you are in Ontario, there is a disability law clinic in Toronto that could advise you about your legal options. http://www.archdisabilitylaw.ca/. As others have said, there is no cure for CP, but there are therapies to maximize function and CP does not necessarily affect cognitive function (ie. intelligence). There are plenty of people in senior professional positions who have CP - each person is different. Many parents are familiar with this piece http://www.our-kids.org/archives/Holland.html. Feel free to email me at donna4walls@gmail.com and I can give you advice and share contacts with support organizations, depending on where you live in Canada. My name is Donna Thomson and my website is www.donnathomson.com. I'm a CP parent and book author.