Cerebral Palsy Negligence

Cerebral palsy is a neurological condition affecting movement, muscle tone and posture, caused by a serious brain injury that occurs before, during or shortly after birth. The symptoms of cerebral palsy vary but often include difficulties with coordination, muscle stiffness or weakness, and involuntary movements. Understanding this condition is important for families dealing with a child’s cerebral palsy and for those considering making a cerebral palsy claim, as it lays the foundation for comprehending the complexities involved in such cases.

The diagnosis of cerebral palsy in a family member, particularly in a child, brings multiple challenges that extend beyond the medical implications. It is important to understand that financial compensation can be claimed for many of these impacts, provided you can provide evidence of the effects they have had on your life.

• Emotional challenges: you may experience initial shock and disbelief, leading to long-term stress and anxiety. The uncertainty about the child’s future, coupled with the demands of providing constant care, can be exhausting and may even strain family relationships if there is contention
• Financial implications: the costs associated with a cerebral palsy birth injury can include specialised medical treatments, physiotherapy, occupational therapy, speech and language therapy, and necessary home adaptations. These expenses can place a substantial burden on families, especially when coupled with the potential loss of income if a family member becomes a full-time carer
• Practical adjustments: daily life undergoes considerable adjustments when caring for someone with cerebral palsy. You may need to modify your home for wheelchair access, invest in specialised equipment and attend regular medical appointments. Additionally, there can be educational considerations, as children with cerebral palsy may require special education services or assistance in mainstream schools

We understand that a cerebral palsy diagnosis can be a lot to take in, and we want to provide you with the legal support you need.

If your child has cerebral palsy due to what you believe was an error by medical staff, you may be able to make a claim for compensation. Our solicitors are on hand to provide advice and support if you want your child’s birth investigated.

Your cerebral palsy medical negligence solicitor will work to secure the compensation you deserve, while also making sure you receive answers to questions you might have about what went wrong with the help of independent medical experts. We aim to ensure you have the peace of mind and financial security needed to give your child the support and care they need while your case progresses.

Examples of medical negligence in cerebral palsy cases include:

• Delays in delivery
• Failure to carry out a caesarean
• Inappropriate use of forceps or ventouse cup
• Misuse of medication to speed up labour
• Poor monitoring of heart rate
• Poorly managed pregnancy
• Undetected or untreated conditions after birth

No matter your circumstances, if your family has suffered because of medical negligence, we can help you claim the compensation you deserve.

Navigating a cerebral palsy claim can appear daunting at first, but understanding each step makes the journey less overwhelming. Here, we outline the key stages in the claims process, highlighting our role in guiding clients through each phase:

• Initial consultation: the journey begins with a free, no-obligation consultation over the phone. We want to hear about your experience so we can understand the specifics of your case and provide you with initial legal advice. This is also an opportunity for you to ask questions and express any concerns about the claims process
• Gathering evidence: if you decide to proceed with making your claim, we will then move on to gathering all relevant medical records and evidence and consulting with independent medical experts. Our solicitors will help you to understand what evidence may be necessary and beneficial for your claim
• Communicating with the other party: once we have a strong argument for why you are owed compensation, backed up with evidence, we will contact the responsible party and inform them of your claim. We will handle all necessary legal communications on your behalf so you don’t have to deal with any difficult transactions
• Negotiating settlements: most cerebral palsy claims are settled out of Court. Our experienced solicitors negotiate with the other party to reach a fair settlement. We prioritise your best interests and work tirelessly to ensure the compensation reflects the severity of the negligence and its impact on your life. In the rare case that this is unsuccessful, we will take your claim to court and represent you

Upon successful conclusion of the claim, the compensation awarded will help cover the costs and adjustments necessary for managing cerebral palsy. Under a no win, no fee agreement, if your claim is unsuccessful, you will not have to pay our legal fees.

Generally, the time limit for making such claims is three years. For adults, this is three years from the date of the incident or from the date when they first became aware that their condition may have been caused by medical negligence.

However, when the claim involves a child with cerebral palsy, the time limit is extended. In these cases, the three-year limitation period begins from the child’s 18th birthday, effectively allowing claims to be made until the child turns 21. This extension acknowledges that parents or guardians might not realise the connection between medical negligence and their child’s condition immediately after birth.

It is also important to note that in cases where the individual affected by cerebral palsy lacks the mental capacity to make a claim themselves, there may be no time limit for making a claim.

Despite these guidelines, it’s always advisable to seek legal advice as soon as possible. Early consultation with a cerebral palsy solicitor at Ramsdens can help clarify these time limits and ensure that your claim is pursued in a timely and effective manner. Acting swiftly also helps in gathering fresh evidence and witness testimonies, which can be crucial for the success of the claim.

In cerebral palsy claims, compensation is typically categorised into two main types:

• General damages: refer to the compensation awarded for the pain, suffering and loss of amenity experienced by the individual with cerebral palsy. Quantifying general damages can be complex, as they cover non-economic losses. Ramsdens employs a compassionate approach, ensuring these aspects are thoroughly represented and valued in your claim
• Special damages: are awarded to cover specific financial losses and expenses incurred due to cerebral palsy. Depending on your unique circumstances, these can include medical expenses, care costs, equipment and home adaptations, loss of earnings, education needs, and ongoing or future expenses. Special damages are calculated based on actual financial losses and projected future expenses, ensuring that the compensation covers all aspects of the individual’s care and support needs