Here at Howells Solicitors, our medical negligence solicitors spend their days fighting for compensation for those who have been neglected by medical professionals.
If someone in your life has been affected by cerebral palsy and you believe someone is at fault, please consider our guidance below and get in touch with our friendly and experienced team.
Who Can Make Cerebral Palsy Compensation Claims?
Approximately 1800 babies in the UK are diagnosed with Cerebral Palsy each year and there are now an estimated 30,000 children who live with the condition. If you think you or your child’s condition was caused by a medical mistake or negligence, we would encourage you to discuss your situation with a trained medical negligence/Cerebral Palsy solicitor who will be able to consider whether or not you have a case.
If you wish to make a claim personally, you have three years from the date of your 18th birthday in which to do so.
There is no time limit against children, however, as above, they will also have 3 years following their 18th birthday in which to act. In certain circumstances this can be extended beyond 21, such as if they are deemed to lack legal/mental capacity. For example, if they are unable to make a decision for themselves.
Can Negligence Cause Cerebral Palsy?
Yes, Cerebral Palsy can be caused by medical negligence during birth. Around 1 in 400 children in the UK are born with it each year, many of which suffer due to complications before, during or immediately after delivery.
Causes include; underdevelopment of the child’s brain, oxygen deprivation, undue stress, infection or failure to adequately monitor during delivery, which can unfortunately can result in permanent brain damage.
Further potential causes can include post-delivery factors such as; a delay in diagnosing and treating jaundice, hypoglycaemia or meningitis.
This negligence can sometimes cause conditions such as:
Spastic Cerebral Palsy – This causes muscles all over the body to stiffen and tighten, making movement difficult.
Ataxic Cerebral Palsy – This causes coordination and balance problems, meaning sufferers are often clumsy, have tremors, and can have communication problems.
Dyskinetic Cerebral Palsy – This causes muscles to go tight or floppy resulting in uncontrolled jerks and movements.
Mixed Cerebral Palsy – This is a combination of one or more of the above.
What Will a Claim Involve?
All Cerebral Palsy medical negligence cases start with an in-depth investigation, where we will carefully consider the events leading up to the birth of the baby, incident in question and aftercare provided. This will include checking all relevant medical notes and consulting an appropriate medical expert for their opinion.
It will likely be necessary for us to instruct an independent medical expert to provide a medico-legal report containing their unbiased view of the care offered and confirmation as to whether Cerebral Palsy has been caused as a result of medical negligence.
How Long Will a Claim Take?
Due to the detailed investigation that takes place, an average claim against the NHS can take anywhere up to a year before liability is admitted. In more complicated cases, such as Cerebral Palsy matters, unfortunately it can take much longer. It has, on occasion, been known for some to take more than five years.
How Can a Cerebral Palsy Settlement Help?
Supporting any child can be expensive; however, caring for a child with extra needs can cost considerably more. If wrongdoing can be established we could seek to facilitate a Cerebral Palsy medical negligence settlement in order to assist with the cost of; medical support, equipment/adaptations, care and local authority services.
In short, a successful medical negligence claim, and compensation associated with the same, can help improve the quality of life for any Cerebral Palsy sufferer, ensuring that they are able to live life to the fullest possible extent.
A settlement can include provision for any of the following:
• Care
• Therapy – physiotherapy, occupational, speech and language
• Equipment, adaptations and technology
• Accommodation
• Education
• Transport
• Loss of earnings
How Much Compensation Will a Successful Claim Bring?
The amount awarded as part of cerebral palsy settlements varies as each case turns on its own facts and will be impacted by individual circumstances.
Compensation awards are typically comprised of two aspects; financial loss’ and ‘non-financial loss’ more commonly known as ‘general’ damages and ‘special’ damages, which can be broken down as follows:
General Damages
This aspect of compensation relates to the ‘pain, suffering and loss of amenity’ incurred, i.e. the injury itself or harm caused as a direct result. This is assessed on a case-by-case basis in accordance with specific guidelines and awards previously made as set by the courts.
Special Damages
Claims for special damages relate to ‘out of pocket’ expenses which would not have arisen had the accident/negligence not occurred, including costs such as care, travel and medical equipment.
At Howells we understand that people can struggle to cope with the financial and emotional strain of living with a condition such as Cerebral Palsy, in certain circumstances we may be able to help you to secure an interim payment which can be used towards any medical treatment or assistance that you or your child may need.
Enquire About Cerebral Palsy Legal Compensation
Millions of people are treated by the NHS and private health boards each year. However, unfortunately, in a small number of cases mistakes are made. If you, or a member of your family, believe to have been a victim of negligence you could potentially have a claim.
Here at Howells, we specialise in all aspect of medical and clinical negligence and with a ‘no win no fee’ policy, there is limited risk.
If you would like to learn more about Cerebral Palsy legal compensation or our industry-leading services with a personal touch, please get in touch with our friendly and experienced medical negligence solicitors today.
