Cerebral Palsy Compensation Claims.

The standard of medical care within the NHS and private healthcare settings is generally high. However, there is always room for human error and the healthcare provider may be negligent in their care of an expectant mother or new-born baby, which can lead to avoidable injuries both to mother or child.

Medical negligence, also known as clinical negligence, is the term used to refer to instances where a medical practitioner provides substandard medical care to a patient, which causes a new injury, or worsening of an existing injury. For example, an ultrasound scan could be misinterpreted meaning a medical issue could be missed, or a doctor or midwife could administer the wrong type or dose of medication to a patient.

Medical negligence could lead to a baby developing cerebral palsy in the following ways:

• The baby shows signs of distress during labour, such as the umbilical cord becoming wrapped around their neck, which is not monitored or acted upon correctly, meaning the baby may be starved of oxygen, resulting in brain damage.
• The baby shows clear signs of jaundice which is dismissed by a medical professional and left untreated, leading to hyperbilirubinemia (heightened bilirubin levels) which could result in brain damage.
• An infection such as meningitis could be misdiagnosed, or treatment could be delayed, resulting in brain damage that leads to cerebral palsy.
• The mother may have an infection, such as strep B, which is ignored or misdiagnosed by a doctor, therefore she doesn’t receive treatment and the unborn baby is affected.
• The baby may have a congenital disorder which medical professionals fail to detect or treat adequately.
• The baby may have hypoglycaemia (low blood sugar) which goes undiagnosed and untreated, and can lead to brain damage and cerebral palsy.
• An injury caused during the birth, such as a forceps delivery in which too much pressure is applied to the baby’s head, can cause brain damage.

Some babies are statistically more susceptible to developing cerebral palsy, including those born prematurely or with low birth weights, those born to mothers under 20 years old or over 40 years old; those born to very overweight mothers; as well as those who have siblings who had difficult or traumatic births. When these risks are not adequately monitored throughout pregnancy and labour, negligence can occur which can result in birth injuries such as cerebral palsy.

If your baby has developed cerebral palsy caused by clinical negligence, we can help. Speak to our team of knowledgeable solicitors today to find out what we can do for you and your child.

Cerebral palsy varies in severity and affects each individual differently. However, most children are likely to face challenges which other children may take for granted and they may not achieve the usual milestones expected of babies and children.

Cerebral palsy typically causes mobility problems and children may also experience some of the following during their early years:

• Difficulty with eating, including drooling
• Speech impairment
• Bladder or bowel incontinence
• Scoliosis (curvature of the spine)
• Visual impairment
• Epilepsy or seizures

The long-term prognosis of cerebral palsy typically depends on the type and severity someone has. Some people may be able to live independently, while others may require some level of care at home, school or the workplace.

In terms of life expectancy, again it depends on the severity of the cerebral palsy. Symptoms such as mobility issues, visual and auditory impairments, special educational needs, along with any other coexisting health conditions can affect how long someone with cerebral palsy may be expected to live.

Children with milder forms of cerebral palsy may have an average life expectancy similar to that of the general population, while those with the most severe forms of the condition have around a forty percent chance of living to twenty years old. The main factors that can determine life expectancy in someone with cerebral palsy are motor abilities and intellectual impairments.

Cerebral palsy is a permanent condition for which there is no cure. However, it is not a progressive disorder, which means the brain damage won’t worsen over time and the severity of some of the symptoms can potentially be improved with adequate and regular treatment such as physiotherapy, or even surgery in some cases.

If you believe your child’s cerebral palsy may have occurred as a direct result of medical negligence it is advisable to seek legal advice from a specialist clinical negligence solicitor as early as possible. Whether the negligent care happened under the NHS or a private medical practice, you are entitled to pursue a claim against the establishment in question for damages.

In order to make a clinical negligence claim you will most likely need to gather evidence to prove that the hospital was negligent in their care of you and your baby. Keep any hospital records, such as your maternity and birth notes, as well as a record of any meetings with the hospital if these records exist.

Our team has a wealth of experience in handling a variety of medical negligence claims, including compensation claims for cerebral palsy. Get in touch today to find out how we can help you and your child to claim financial help and support.

In the majority of cases, a claim for cerebral palsy caused by medical malpractice should be brought about before the person turns 21. However, in some cases it may be possible to make a claim after the age of 21 if the person is assessed as not having the legal capacity to make the claim themselves due to intellectual impairment.

It is always beneficial to seek legal advice as soon as possible after the negligent care has taken place, or as soon as possible after the condition has been diagnosed. Acting promptly means you will have better access to medical records and any other evidence you may need to support your claim. The longer you leave it, the more difficult it can be to gather the relevant documents.

If your child has developed cerebral palsy you are likely to find yourself facing the daunting prospect of finding the money to pay for their necessary care on a long-term basis. The costs involved in adapting your home and vehicles to suit your child’s ongoing needs, as well as the costs of treatments and therapies over the years, will soon mount up. A medical negligence claim can help you and your child by providing the financial support to ensure they are comfortable and well looked after throughout their life.

Depending on which local authority you are under, your child may be entitled to receive a community care assessment, in which social services will assess your situation and help you to procure any equipment and accessories you may need. However, there are often budgeting restrictions and delays in obtaining equipment, services, and assistance, which can result in some of the child’s needs not being fully met.

Compensation, paid in either a lump sum or periodically, can help to ensure your child’s needs are properly met by providing provision for the following:

• External care services
• Physiotherapy
• Speech and language therapy
• Occupational therapy
• Adaptations to home and transport
• Mobility equipment
• Special educational needs
• Assistive equipment and technology
• Loss of earnings as a result of giving up work to care for the child

One of the main reasons parents decide to make a medical negligence claim for their child’s cerebral palsy is to ensure that sufficient financial provision is put in place to support the ongoing health and care costs that will be necessary throughout the child’s lifetime.