CEREBRAL PALSY - MEDICAL NEGLIGENCE
It should be made clear from the outset that most cases of cerebral palsy have nothing whatsoever to do with medical negligence and are a naturally occurring birth defect the reason for the occurrence of which is, in most cases completely unknown. There are however a significant number of incidences of this condition that arise as a direct result of medical negligence and subsequently result in a successful cerebral palsy compensation claim.
In most cases no one knows exactly what causes cerebral palsy, regardless of its form. Researchers are in agreement that congenital cerebral palsy could be the result of a genetic disorder or of an infection contracted by the mother during her pregnancy and premature birth is also identified by experts as another cause of cerebral palsy.
Whilst many cases of cerebral palsy can be identified with congenital factors, there is no doubt that there is a body of cases wherein the disorder is the result of clinical negligence and failure to handle the afflicted infant properly before, during or immediately after birth.
COMPENSATION HELPLINE 0845 177 0929
Irreversible Brain Damage
Cerebral palsy is caused by a permanent and irreversible injury to the brain occurring before, during or shortly after birth with the majority of cases where medical negligence is involved being due to oxygen starvation during the time that the infant is in the birth canal. The damage done to the brain cannot be reversed and subsequent treatment consists of attempting to alleviate the symptoms to improve quality of life. A cerebral palsy compensation claim cannot reverse the physical damage done however it can provide the finances necessary to improve quality of life for both the sufferer and their carer.
Anyone who has a child, a sibling or a loved one who is afflicted with cerebral palsy will know how painful it is to watch him or her attempt to cope with the disability in order to have as near normal life as possible. The damage to the brain wrought by cerebral palsy is often so severe as to hinder the physical and mental development of its victim. Whilst some sufferers of cerebral palsy do manage to achieve a semblance of normal life, with the aid of medications and physical therapy and other means of treating the physical problems brought about by the disorder, some victims are not as fortunate. The condition in some victims is so severe and characterised by learning disabilities and mental retardation that it is simply impossible for them to live without a dedicated carer.
COMPENSATION HELPLINE 0845 177 0929
Cerebral Palsy Diagnosis
Cerebral palsy is not usually diagnosed quickly as it takes time for doctors to establish the cause of a childs ill health or lack of development which can often be attributed to other conditions that mimic the effects of cerebral palsy. Diagnosis takes place after detailed consideration and testing of motor skills and intellectual abilities and may not be confirmed until the child is aged eighteen months or in some cases even later.
COMPENSATION HELPLINE 0845 177 0929
Specialist Medical Negligence Solicitors
Proving a cerebral palsy compensation claim requires the skills of a specialist clinical negligence solicitor. Legal aid is available to pursue these claims with a nil contribution from the parents no matter the level of their salary, income or assets. Legal aid is only granted to children who are represented by lawyers who are members of the Solicitors Regulation Authority panel of clinical negligence experts.
COMPENSATION HELPLINE 0845 177 0929
Time Limits
The time limit posed by law for issuing such a claim for compensation in a court of law is three years after diagnosis of the condition however in the case of a minor the three year countdown only starts when the victim reaches 18 years of age, expiring on the eve of the 21st birthday and for victims who are mentally incapacitated by the condition there is usually no limit on the date that proceedings can be commenced.
COMPENSATION HELPLINE 0845 177 0929
Adults with Cerebral Palsy
Whilst most cerebral palsy cases issued in a court of law involve infant victims, it is very much possible for older mentally disabled sufferers to take legal action for compensation. It is not unusual for claims to be settled for those aged 30 and over, the only limiting factor being the availability of full medical records.
COMPENSATION HELPLINE 0845 177 0929
Legal Aid
Legal aid is usually available to investigate and pursue a potential medical negligence claim with no parental contribution. Legal aid is inevitably granted to infant victims as the Legal Services Commission which assesses claims for public funding of court cases only takes into account the assets and income of the child and does not consider the parents financial position. Similarly most adult claimants who are mentally disabled will qualify for legal aid with a nil contribution.