Cerebral Palsy Negligence Claims
It is estimated that of every 400 children born in the UK, one will have cerebral palsy. With current birth rates, this figure equates to up to 1,800 new diagnoses every year. This debilitating condition affects muscle control to varying degrees, and there is no cure. It can be diagnosed at any time, though it usually happens by a child’s second birthday.
While cerebral palsy is caused due to lack of oxygen reaching a baby’s brain either in utero or during labour, not all cases are caused by medical negligence. It is, therefore, important that when you take steps to request compensation for cerebral palsy negligence that you do so with a specialist solicitor who has experience in obtaining the compensation required to help a child reach their full potential.
What is Cerebral Palsy Negligence?
Cerebral palsy negligence is when the care a baby receives is below an acceptable standard, which causes brain damage that leads to cerebral palsy.Claimants need to prove that the condition was avoidable had they (or their child, as parents usually claim on their behalf) received an inadequate standard of care. Negligence can include medical staff not intervening promptly when a baby is in distress during labour, not identifying and treating jaundice which can lead to brain damage, failure to identify and treat hypoglycaemia, or delayed or ineffective treatment of infections like meningitis. In a small number of cases, cerebral palsy has been attributed to brain damage caused by forceps or ventouse.
It is important to obtain compensation where cerebral palsy is caused by medical negligence as the condition is incurable and requires lifetime treatment. Muscular spasticity affects more than three-quarters of people with cerebral palsy. Other effects include speech and communication difficulty, learning and behavioural challenges, hearing impairment, epilepsy, and issues with balance and walking.
While the NHS does provide some therapy and support for people living with cerebral palsy, the quality and amount are somewhat of a postcode lottery. Compensation can help pay for speech therapy, physiotherapy, mobility aids and adaptations to your home, the predicted cost of their future care, and loss of earnings for the parents who give up paid employment to become their child’s registered carer.
How Can We Help?
Contact The Medical Negligence Experts if you believe medical negligence caused your child’s cerebral palsy. We have experience in specialist medical litigation and can help you navigate the process. We will then speak with independent medical experts after which will advise whether your claim is likely to be successful. The next step, should you decide to proceed, is to collect the evidence to support your claim that your child’s condition was avoidable and purely caused by clinical negligence.
The care provider may accept responsibility for the injury without the courts becoming involved. Compensation is agreed and, in cases with a lifelong condition like cerebral palsy, paid with an initial lump sum followed by annual payments. A court will appoint a deputy to manage the money on behalf of the child until they turn 18, or they can manage their financial affairs themselves.
No Win No Fee* Cerebral Palsy Negligence Claims
You have several options for funding your compensation claim. One of these is paying privately for a solicitor from your own money. Using savings is the least popular option for clients as it presents the largest financial risk. Starting a claim is expensive, and there is no guarantee you will recoup your costs, let alone receive payment for damages.
The second option is to use an insurance policy to pay for your legal costs. You may already have legal cover if you have home and contents insurance or private health cover. While this takes away the need for you to use your savings to pay for a solicitor, insurance companies may put a cap on the amount they will pay and restrict your choice to working with a small number of solicitors on an approved list.
The most common way for our clients to pay for a compensation claim is with a No Win No Fee* agreement. Also referred to as a conditional agreement, A No Win No Fee* claim is the best way to avoid financial risk and the need to pay any legal costs up front.
For any compensation claim to be successful, claimants need to prove that the care they received was inadequate. We accept that there is a degree of risk in any medical procedure or treatment. However, a medical professional has a responsibility to identify these risks, inform the patient of them, and take appropriate steps to minimise the risk.
As well as proving they were the victim of negligent care, the claimant also needs to demonstrate that their injury was a direct result of it and would have been avoided if they had received an appropriate standard of care.
We will thoroughly assess your case to determine whether it is possible to prove both of these criteria. If so, we will offer to represent you on a No Win No Fee* basis so that you can afford to claim the compensation you deserve.
The processing time for cerebral palsy compensation claims is typically longer than the average medical negligence claim because it is often not possible to know the long-term health (and cost) implications to the child. As long as the other party accepts responsibility, then our solicitors can request an interim payment to help address your immediate and short-term requirements for medical care and support for your child.
When faced with a serious diagnosis of cerebral palsy, it can feel like you are adrift in a new world of medical terms and decisions you never expected you would have to face. You are not alone. We can offer you a free, no-obligation legal consultation to help you understand the options you have to seek legal redress for your injury. Our solicitors have helped many families in situations like yours, and we can help you too.
Though a claim for medical negligence in the case of a child can be made up until the day before their 21st birthday, it can be a lengthy process. Start today by getting in touch with The Medical Negligence Experts.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you choose us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Lawyers
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert Cerebral Palsy Negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your cerebral palsy negligence case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.