Cerebral Palsy Claims
Childbirth always carries risk, though with today’s medicine and advanced prenatal care these risks are often avoided. In the case something does go wrong, however, the effects can be devastating. Cerebral Palsy can develop over time despite regular monitoring, or it might be damaged during a difficult birth. If your baby develops cerebral palsy due to negligence in the delivery room, however, then you have a case for cerebral palsy compensation claims.
What is Cerebral Palsy?
Cerebral Palsy, also known as CP, is a condition that directly impacts muscle development and coordination. When there is a lack of oxygen to the baby’s brain during development or birth, then palsy, as a result, can occur. Though these are the most common reasons why CP develops, there are extenuating circumstances. Genes or development in the womb can also play a part.
How Does Cerebral Palsy Affect My Baby?
CP will affect every baby differently, due to the type and severity of their Cerebral Palsy. For some, they might have an issue with balance, or others, they might suffer from spastic muscles that make it impossible to walk. There is no cure for cerebral palsy, though thankfully it also does not progress further. Symptoms can be managed with physiotherapy and aids.
What Are the Different Types of Cerebral Palsy?
There are four main kinds of cerebral palsy. Children with cerebral palsy will exhibit different symptoms and different severities, making it important to know which type your child has when making a compensation claim, because periodical payments are an essential component to caring for a someone with CP properly throughout their life.
Spastic Cerebral Palsy
The most common type of cerebral palsy is Spastic Cerebral Palsy. Spastic CP makes up for 70% of Cerebral Palsy cases, and can be quite painful. What happens is that muscles contract and move or “spasm”. This often makes walking and many other motor functions difficult if not impossible.
Athetoid Cerebral Palsy
Athetoid Cerebral Palsy, also known as Dyskinetic Cerebral Palsy, makes up 10% of cases. Instead of being spastic, muscles are either floppy or rigid. Babies with this type of CP have difficulty with eating. This CP affects balance, coordination, eye movement, and voluntary motor function.
Ataxic Cerebral Palsy
Ataxic is the least common type of CP. Those with Ataxic CP often suffer from shaky limbs or difficulty speaking.
Mixed Cerebral Palsy
Mixed CP is exactly what it sounds like. The child will suffer from multiple types of cerebral palsy, as different areas of their brain were damaged. As with all types of CP, the areas affected could be one limb, all limbs, half of the body, and so on, depending on which area of the brain was damaged.
Managing the Risk of Cerebral Palsy
Cerebral Palsy can be unavoidable. In many situations, there is nothing a medical professional can do to prevent your baby from developing CP. Their job, however, is to notice the danger and to do their best to reduce the risk. If they do not adequately do this, or you also have birth injury claims, then you could have a case for compensation.
What Are the Factors that Increase Cerebral Palsy Risk?
The risk of giving birth to a child with cerebral palsy are increased in these situations:
- The mother is either over 40 years old or under 20 years old.
- The baby was born prematurely
- A placental abruption occurs, blocking the flow of oxygenated blood
- Infections are passed on from mother to foetus
- Overweight or underweight mothers
When Does Negligence Occur?
Having these risks is natural. It is the responsibility of your healthcare team to monitor these conditions and do all they can to reduce or eliminate them, for example, if the mother has Strep B. If risks are ignored, then you have a case for compensation. The same applies with birth injury claims or with a hospital negligence claim where the birth injury resulted in cerebral palsy in your baby.
Essentially, risks must be deduced quickly, investigated to be understood fully, and then steps must be taken to remove or reduce the risk involved. If these steps were not conducted, or you suffered a personal injury at the hands of a medical professional, then you have a case for medical negligence and should fight for compensation for both you and your baby.
Cerebral Palsy Medical Negligence Cases
Obstetric Negligence, or birth injury, is a very serious issue. Unlike other compensation claims, those that centre around cerebral palsy claims or similar birth injury claims will impact the child for their entire life. It is for this reason that the compensation sum awarded to the victim is so large. Cases where medical negligence resulted in cerebral palsy have won £8 million pounds, to be paid out in instalments throughout the victim’s life. This money is necessary to deal with the advanced medical care and support the victim will need.
It is due to this lifelong support that obstetric related cases win 45% of the claim payments, despite only making up 10% of cases made against the NHS. It is important that the case is investigated thoroughly by medical negligence solicitors, so that the amount your family is awarded is enough to support your child for their entire life.
Cerebral Palsy Compensation
Cerebral palsy compensation claims solicitors work to get you the compensation sum that you need to care for your child now, and money necessary to continue care throughout their life. This compensation is a legal and financial recognition of the wrongs that have been committed, and the funding you need to pay for the advanced support and care.
How Is Compensation Calculated?
Compensation is calculated based on the severity of the symptoms, and the expected cost of care. The funds your child will receive over their lifetime will take into consideration the cost of:
- Advanced medical care, including physiotherapy, occupational therapy, speech and language therapy, and more.
- Earnings lost by parents who reduce or stop working to become a full-time carer.
- Mobility aids and renovation costs to make the home suitable for the child’s needs.
- Special education costs to help those coping with a learning difficulty.
- And More.
The investigation period when making a birth or hospital negligence claim that resulted in CP needs to be extensive, so that the carers and the victim can be fully supported financially. This is the best way to give a child who suffers from CP as full and enjoyable a life as possible.
How Long Does a Cerebral Palsy Compensation Claim Take to Process?
These claims take a lot longer to process, but as the victim is often an infant you don’t need to worry about the typical 3 year limit. You can make a claim on behalf of your child, or your child can make the claim themselves, up until they are 21 years old. You shouldn’t wait this long, of course, because you can fight for an interim payment which will help you cover costs during the extensive investigative stage.
Generally speaking, a Cerebral Palsy negligence claim will take at least five years. This is to ensure that the compensation asked for is sufficient to cover the costs of care and loss of earnings for the carer. This step can only be done once the full extent of the damage can be determined.
How Are Compensation Payments Made for Cerebral Palsy Claims?
Our cerebral palsy solicitors will work to get you interim payment, which will help cover costs before the final payment will be made. Typically, however, the compensation sum is paid out with a portion made in a lump sum, and the rest followed in instalments (which are adjusted to match inflation as the years go back). This is to provide for the victim throughout their life.
This money is paid into a trust, which can then be managed by the carer or other party depending on who the Court of Protection authorises access.
What is the Process for Claiming Compensation for Cerebral Palsy?
The process is the same as any medical negligence claim. To begin, four criteria must be met to prove negligence occurred:
- The patient received negligent care
- This negligence caused direct harm to you or your baby.
- Other medical professionals agree the care you received was substandard. In other words, no other medical professional or institution would have done what you experienced.
- The compensation claim is made before the child turns 21. You can do this as their guardian before they turn 18.
In order to not take on the high costs of care, both for therapy and the mobility aids, it is wise to start the compensation claim as soon as possible. The best case scenario is that you are awarded an interim payment to cover the costs while an investigation takes place, during which time the full depth of damage caused to your child is assessed so that an accurate compensation sum can be agreed to.
Your solicitor, after taking on your case, will investigate for you as well as notify the defendant, or the person you are making a claim against. Once the investigation is finished, they will then negotiate a compensation sum. If an agreement cannot be made out of court, though rare, the matter will be brought to the court of law and settled there.
Starting Your Compensation Claim for Cerebral Palsy
If your child suffers from Cerebral Palsy believe you have a case for compensation, get in touch with us today. We are experienced with cerebral palsy negligence claims and will help you get through this difficult period. Though the claim itself can take years to fully process, we will be with you every step of the way. Our goal is to make the entire process as transparent as possible, and with our No Win No Fee* agreement and After the Event insurance you can rest easy knowing that if your claim does not go through you won’t be out thousands if not more in legal fees.
No Win No Fee
Our No Win No Fee agreement means that if we believe that your case is solid, we will take you on as a client without you needing to pay us up front. If we win your case, our legal fees will be paid by the defendant and the success fee will be taken from the compensation award.
If we do not win, you don’t owe us anything, and with After the Event insurance you will be covered for other legal expenses. We will work with you to choose the right insurance so that you never have to pay massive sums out of pocket.
Get in Touch With Us Today
If you suffered at the hands of negligence and your baby has paid the price, it’s time to get in touch with The Medical Negligence Experts today. We work with the best medical negligence solicitors in the country and will be happy to advise you in a free phone call consultation and represent you so that you can get the compensation you need to care for your child throughout their lives.
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.