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Cerebral Palsy Compensation Claims for Compensation
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Cerebral palsy is a lifelong condition that significantly impacts a person’s mobility, muscle control, and overall quality of life. For families affected by cerebral palsy, the challenges can be overwhelming, often requiring extensive medical care, therapy, and support. In cases where cerebral palsy results from medical negligence during pregnancy, childbirth, or early infancy, families may be entitled to seek compensation through legal claims.
Navigating a cerebral palsy compensation claim can be complex, requiring a thorough understanding of medical and legal procedures. At Beacon Law, we have the expertise and experience to assist those making cerebral palsy compensation claims to get the rehabilitative support, assistance and compensation they deserve. If you or a loved one has developed cerebral palsy due to negligence, please get in touch today.
What is cerebral palsy?
Cerebral palsy is a group of neurological disorders that affect a person’s ability to control their muscles and movements. It is the most common motor disability in childhood. Cerebral palsy is a lifelong condition, but its severity and symptoms can vary widely from person to person.
Cerebral palsy is caused by brain damage, which can occur before, during, or shortly after birth. The exact cause of this damage can be difficult to determine in many cases, but there are several known risk factors:
- Prenatal factors: These occur before birth and can include infections during pregnancy, exposure to toxins or certain drugs, maternal health conditions, or genetic mutations.
- Perinatal factors: These occur around the time of birth and can involve complications during labour and delivery, such as asphyxia (lack of oxygen), birth injuries or trauma.
- Postnatal factors: These occur after birth and can include infections, head injuries, or other brain injuries in early childhood leading to cerebral palsy.
There are different types of cerebral palsy, which are categorised based on the types of movement disorders observed. Management and treatment of cerebral palsy typically involve a multidisciplinary approach, including physiotherapy, occupational therapy, speech therapy, and in some cases, medications to manage symptoms.
Common accidents that lead to cerebral palsy compensation claims
Cerebral palsy compensation claims typically arise from accidents or incidents during pregnancy, childbirth, or early infancy that involve medical negligence. Some common situations that lead to such claims include:
- Birth asphyxia:
- This occurs when a baby is deprived of oxygen during childbirth. Prolonged oxygen deprivation can result in brain damage, leading to cerebral palsy. Claims may arise if medical staff fail to monitor the baby’s oxygen levels, delay in performing a necessary caesarean section, or improperly manage complications like umbilical cord issues.
- Delayed delivery:
- When a baby is not delivered promptly despite signs of fetal distress, it can lead to oxygen deprivation and subsequent brain injury. Medical professionals may be held liable if they fail to recognise or act on these warning signs, resulting in preventable harm.
- Mismanagement of infections:
- Infections in the mother during pregnancy, such as rubella or toxoplasmosis, can increase the risk of cerebral palsy if not properly managed. If a healthcare provider fails to diagnose, treat, or prevent such infections, leading to injury to the baby, it may form the basis for a compensation claim.
- Misuse of birth-assistive tools:
- The improper use of forceps or vacuum extractors during delivery can cause physical trauma to the baby, leading to brain injury and cerebral palsy. If these tools are used incorrectly or excessively, causing harm, it may result in a valid compensation claim.
- Failure to monitor and treat maternal conditions:
- Conditions like preeclampsia, gestational diabetes, or other high-risk pregnancy factors need to be closely monitored and managed. Negligence in managing these conditions can lead to complications that may cause cerebral palsy.
- Untreated or undiagnosed jaundice:
- Severe jaundice, if left untreated, can lead to kernicterus, a type of brain damage that can cause cerebral palsy. Claims may arise if medical professionals fail to recognise or adequately treat severe jaundice in a newborn.
- Trauma during delivery:
- Physical injuries to the baby’s head during delivery can result in brain damage. This can happen due to excessive force, poor handling during delivery, or mishandling a breech birth.
- Negligent prenatal care:
- Inadequate monitoring of the baby’s development, failure to identify and address potential risks during pregnancy, or not providing proper advice to the mother can all contribute to complications that lead to cerebral palsy.
What is the claims process for cerebral palsy compensation claims?
During your initial consultation, our team of personal injury solicitors will provide you with comprehensive advice regarding your cerebral palsy compensation claim and inform you about the relevant limitation rules that apply.
Our experienced lawyers will request detailed information about the negligence and how the negligence resulted in cerebral palsy. This information will enable our injury lawyers to assess the likelihood of a successful claim on your behalf.
The solicitor will obtain and thoroughly review all relevant medical records, including prenatal, birth, and postnatal care documents. This helps identify potential instances of negligence. The solicitor will often consult with independent medical experts to assess whether the care provided fell below acceptable standards and if this directly contributed to the child’s cerebral palsy. These experts provide critical opinions that can strengthen the case.
If we determine that your cerebral palsy claim is likely to succeed, we will offer our work on a no win, no fee basis. This means that if your claim is unsuccessful, you will not be required to pay any legal fees.
Once your claim is filed, the defendant will be notified (typically a hospital or healthcare provider), and they will have the opportunity to accept or deny liability for your injuries. If liability is accepted, negotiations for a settlement or lump sum will commence. However, if the defendant denies liability, court proceedings may be necessary to resolve the dispute.
How much compensation could I receive?
The amount of compensation awarded in a cerebral palsy negligence claim can vary significantly, depending on the specifics of the case, including the severity of the condition, the extent of the negligence, and the impact on the individual’s life. Compensation is typically split into the following categories:
- General Damages: These damages aim to compensate for the pain, suffering, and loss of amenity caused by the injury. The severity and long-term effects of the injury are significant factors in determining the general damages awarded.
- Special Damages: Special damages cover the quantifiable financial losses incurred due to the injury. This includes medical expenses, rehabilitation costs, loss of earnings (both past and future), expenses related to care and support, and any necessary adaptations to the individual’s living arrangements.
It is important to note that there is no fixed compensation award for cerebral palsy compensation claims, as each case is unique. The final compensation amount will be influenced by the specific circumstances and the evidence presented in the case. Our cerebral palsy solicitors will also advocate for interim payments for our clients to cover any immediate costs, such as private medical treatment and travel expenses.
What are the time limits for making a claim?
The time limits for making a cerebral palsy compensation claim, known as the “limitation period,” can vary depending on several factors. Here’s a breakdown of the typical time limits:
Standard time limit
- Three years from the date of negligence: Generally, you have three years from the date of the negligent act or omission (such as during childbirth) to make a claim. This is the standard limitation period for medical negligence cases.
Three years from the date of knowledge
- Date of knowledge: In some cerebral palsy cases, the impact of negligence may not be immediately apparent. The three-year period may start from the “date of knowledge,” which is when the claimant (or their guardian) first realised, or should have realised, that the injury was due to clinical negligence.
Claims on behalf of children
- Until the child’s 18th birthday: If the claim is on behalf of a child with cerebral palsy, the three-year limitation period does not begin until the child turns 18. This means that a claim can typically be filed at any point before the child turns 21.
- After the child turns 18: Once the individual turns 18, they have three years to make a claim on their own behalf, meaning the claim must be filed before their 21st birthday.
Claims involving individuals with mental capacity issues
- No time limit if lacking mental capacity: If the person with cerebral palsy is deemed to lack the mental capacity to make a claim, there may be no time limit for filing a claim. This exception applies if the individual is unable to manage their own affairs due to the severity of their condition.
How can Beacon Law assist with cerebral palsy compensation claims?
Beacon Law is a specialist law firm with ample experience in dealing with cerebral palsy medical negligence cases. Our expertise in this area of law means we can provide an exceptional standard of service to our clients, and we work tirelessly to ensure we achieve the best possible outcome and the highest level of compensation. We offer our services on a no win no fee agreement, meaning you do not need to worry about the costs of making a claim.
We can assist you through the claims process and guide you every step of the way, relieving as much stress as possible from what will already be a stressful and emotional time for you.
If you are looking for more information and specialist advice regarding cerebral palsy compensation claims then please get in touch with our expert team at Beacon Law today at 0330 1332 857 and info@beaconlaw.co.uk.
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Last Updated on December 4, 2024 by Stacey