Cerebral palsy is a condition caused by damage to the developing brain, usually before, during or soon after birth. It affects muscle control and movement and causes physical disability. In some cases, cerebral palsy is caused by medical negligence on the part of healthcare professionals overseeing the pregnancy, labour, delivery or postnatal care. Families in these situations may be able to make a medical negligence claim.
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In this article we’ll take a closer look at what causes cerebral palsy and when you might be able to make a claim for compensation.
Causes of Cerebral Palsy
There are several potential causes of cerebral palsy, including:
- Lack of oxygen during labour and delivery (asphyxia)
- Severe jaundice after birth
- Infections during pregnancy, such as rubella or cytomegalovirus
- Brain trauma due to a difficult labour or delivery
- Extreme prematurity
In some of these situations, medical negligence may have occurred if healthcare professionals failed to identify or properly manage risks and complications. This includes missing signs of foetal distress, errors during delivery, undiagnosed infections and delayed investigation of jaundice.
Making a Claim for Cerebral Palsy
In the UK, children with cerebral palsy and their families may be able to make a medical negligence claim under certain circumstances. A claim can be made if it can be shown that the medical care provided fell below an acceptable standard and this directly caused or contributed to the brain damage resulting in cerebral palsy.
The time limit for making a cerebral palsy claim is strict - the claim must be filed within three years of the child's 18th birthday. However, it is advisable to start the claims process as early as possible, when the details surrounding pregnancy and delivery are still fresh.
The Claims Process
Making a medical negligence claim for cerebral palsy is complex. The first step is to gather all the relevant medical records and have them reviewed by an independent expert witness. The expert will assess if there is evidence of substandard care. Medical records, witness statements and expert opinions can then be used to demonstrate negligence.
If negligence is established, the next stage is determining the value of the claim. This accounts for the child's needs now and in the future, including specialist equipment, therapies, care and loss of earnings. Settlements for cerebral palsy negligence cases are often substantial, reflecting the lifelong impact.
Additional Compensation
As well as providing for the child's care and mobility needs, compensation can also account for pain and suffering caused by medical negligence. Funds may also be included to enable home adaptations to improve accessibility and quality of life.
Choosing a Medical Negligence Solicitor
Pursuing a cerebral palsy claim requires expert legal help. Medical negligence solicitors like www.paduffy-solicitors.com have extensive experience building strong cases. They understand medical evidence and can coordinate with experts. Many provide no-win, no-fee arrangements. This means families do not pay legal costs unless the claim is successful.
Cerebral palsy can have an enormous impact on children and families. In some cases, it may have been avoided if proper medical care had been provided. Seeking legal advice from specialist medical negligence solicitors can help determine if there are grounds for a claim. This cannot reverse the damage but it can provide vital compensation and support.
