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CEREBRAL PALSY - LEGAL AID




A child can obtain cerebral palsy Legal Aid without a requirement for the parents to contribute financially. To qualify for free Legal Aid an applicant’s assets and income are considered and it is the child who is considered as the applicant and not the parents. This means that it doesn’t matter if the parents are wealthy or not, the child will still usually qualify for free legal aid.

If a cerebral palsy Legal Aid claim is successful then the compensation money is paid to the child in full and no deductions for legal charges or expenses are claimed by the lawyers who are paid separately by the losing opponents. On the other hand, an unsuccessful compensation claim will not result in any financial liability against the child or the parents as a legally aided claimant is protected by law from the possibility of having legal costs or charges awarded against them .


COMPENSATION HELPLINE 0845 177 0929


Criteria and Financial Requirements


The Legal Services Commission sets forth certain criteria and financial requirements that must be met in order to obtain cerebral palsy legal aid. These requirements include :-

  • Cost-Benefit: A cost-benefit analysis is performed by calculating the ratio between the predicted value of the claim and the expected costs of the case. The ratio must meet the parameters set forth by The Legal Services Commission in order to receive funding.

  • The prospects of success: If the chances of success are less than even, the case is unlikely to receive public funding. An exception is sometimes made for cases of extreme importance to the applicant. Unless it is trivial, or the cost is likely to exceed the benefit, then a case with good prospects will probably pass the overall test.

  • Importance of the Case: The Legal Services Commission must make a decision based on how important the matter would be to a reasonable person under the circumstance, not based on how strongly the applicant feels about the case. The amount of compensation at stake and the consequences to the applicant if no compensation is obtained are two factors the Commission will consider.


COMPENSATION HELPLINE 0845 177 0929

CEREBRAL PALSY CLASSIFICATION

The main classification of cerebral palsy involves three fairly distinctive types with a fourth category being a mixed combination of the other three :-

  1. Spastic Cerebral Palsy
      This affects well over 50% of all patients and symptoms include stiff, tight muscles which cause jerky movements together with difficulties in grasping, holding and releasing objects.
  2. Athetoid Cerebral Palsy
      This affects between 10% and 20% of all patients and causes uncontrolled and involuntary movement with co-ordination difficulties often involving the face, midsection and arms.
  3. Ataxic Cerebral Palsy
      This is considered to be a relatively rare neurological condition and affects only a small proportion of patients. It is characterized by poor depth perception, poor co-ordination and a defective sense of balance as well as poor muscle tone. The sufferer usually walks with difficulty and has trouble holding small objects.
  4. Mixed Cerebral Palsy
      This condition features a combination of the three other types which are outlined above.

In addition there is a further classification of cerebral palsy dependent on which part of the body is principally affected :-

  • Monoplegia - affects a single limb usually the arm.
  • Diplegia - often affects all four limbs with the legs most severely affected.
  • Triplegia - affects three limbs and in most cases both arms and one leg.
  • Quadriplegia - affects all four limbs of the patient.
  • Hemiplegia - affects just one side of the patient’s body.


COMPENSATION HELPLINE 0845 177 0929

CEREBRAL PALSY FACTORS & INDICATORS

Cerebral palsy that has resulted from medical negligence during childbirth is usually caused by one or more of the following factors :-

  • Leaving the child in the birth canal too long resulting in oxygen deprivation.
  • Inability to observe and treat a seizure.
  • Inappropriate use of forceps or vacuum extraction.
  • Failing to perform a caesarian section even if all indications are present.
  • Failing to properly monitor the mother’s blood pressure or foetal heart rate.
  • Failing to recognize and treat toxemia, meningitis or jaundice.

The following may be indicators of medical negligence.

  • Emergency delivery, c-section or use of forceps.
  • Seizures shortly after birth.
  • Resuscitation procedures immediately after birth including oxygen.
  • Calling for a specialist.
  • Intensive care.
  • MRI, CT or brain scan.


SOLICITORS COMPENSATION HELPLINE 0845 177 0929