CEREBRAL PALSY COMPENSATION
The payment of damages in a personal injury claim is intended to put the recipient or claimant back into the position that they would have been in had the negligent act which caused the injury not occurred. Sadly this is simply not possible in the case of this particular injury as nothing can put right or adequately compensate for the irreversible injury that has been caused to the brain however what it can do is to ease the burden of the problems that have resulted to the victim. Damages can range from a relatively modest sum for those with a minor physical disability to several millions of pounds for those suffering from serious physical or mental disability. The amount awarded depends not only on the pain and suffering experienced by the victim but is also intended to cover the ongoing cost of expenses and care, where appropriate, incurred in the past as well as for the future.
COMPENSATION HELPLINE 0845 177 0929
Damages
For the sake of expedience any damages that are payable are divided into two categories by lawyers that are known as general damages and special damages however for the victims and their families it does not really matter much what they are called or how they are categorised. Included in the cerebral palsy compensation award are payments for pain and suffering including emotional injury, financial losses from the past, present and future as well as expenses incurred for treatment and care. In general, all losses considered to be predictable and foreseeable can be included. Aside from these, any care provided free by the parent or other family member can be compensated based on an hourly rate basis.
- pain and suffering resulting from the injury
- loss of ability to be physically normal and functional
- continuing discomfort and pain
- financial losses resulting from the inability to be gainfully employed
- losses from the change in lifestyle due to the limitations set by the injury
- income loss
- cost of care
- payment for free help usually provided by family members or friends
- medical expenses, which include prescription drugs
- financial losses from limited employment opportunities
- other expenses incurred due to the management of the injury
General damages refers to losses that are not easily quantifiable and require full or partial assessment which includes :-
Special damages are defined as losses that can be quantified and accurately calculated and may include :-
Depending on the decision of the court, payment of an award of cerebral palsy compensation may be either in the form of an immediate lump sum or as a staggered periodical payment usually on a monthly basis or as a combination of the two methods. The reasoning behind staggered payments relates to the impossibility of accurately establishing the victims life expectancy thereby making a lump sum payment unfair on one or other of those involved.
COMPENSATION HELPLINE 0845 177 0929
Clinical Negligence
Cerebral palsy is caused by irreversible damage to the brain that may affect movement and mental capacity. It may be caused as a result of Medical Negligence occurring during or shortly after delivery. However, cerebral palsy is usually a natural phenomena and it is now thought that less than 10 per cent of all cerebral palsy cases are linked to birth.
Cerebral palsy is a condition caused by brain damage usually occurring during or after birth as opposed to muscular or nerve abnormalities. There are three main categories : spastic, athetoid and ataxic cerebral palsy together with a fourth category which is a mixture of some or all of the other three main categories.
The following are some of the possible causes of cerebral palsy by medical negligence of healthcare providers: failure to perform certain tests or the misinterpretation of test results; delays in a caesarean section when the baby is obviously in distress; non-delivery of the baby more than 24 hours after the membranes have been breached; over-use of vacuum extraction equipment or forceps and no paediatrician present when problems could have been evaluated.
Medical practitioners often refuse to make an early diagnosis as there are other conditions that can mimic cerebral palsy. The diagnosis will not be clear until the child is old enough to have specific muscular control sufficient to display the traits of cerebral palsy and you may have to wait until your baby is 18 months or more before cerebral palsy can be properly diagnosed. If you suspect your child has cerebral palsy as a result of medical negligence you will need to discuss with a solicitor the possibility of making a claim against the healthcare provider.