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Cerebral Palsy Claims

If you or a member of your family has developed cerebral palsy as the result of clinical negligence, you may be entitled to claim compensation. Our personal injury lawyers are specialised in clinical negligence and can provide expert advice. Contact us on 0800 0328511 or by completing a claim enquiry form online.

Cerebral Palsy
Causes of Cerebral Palsy
Making a Claim for Damages
Compensation
Specialist Personal Injury Lawyers

Cerebral Palsy

Cerebral palsy is the term used to describe an injury to the brain that causes impaired movement and motor function. It occurs as a result of damage to the brain before, during or shortly after birth. The brain abnormality is not progressive, however the physical symptoms can alter throughout the life of an affected individual. The three main types of cerebral palsy are:

• Ataxic cerebral palsy: this is the rarest form, affecting only around 5-10% of sufferers. It causes impaired speech and balance and shaky movement of the hands or feet.
• Athetoid cerebral palsy: this condition refers to problems with posture and muscle control, characterised by spontaneous, jerky movements.
• Spastic cerebral palsy: The most common form, affecting up to 70-80% of sufferers. This causes increased muscle tone (hypertonia), making some muscles of the body stiff and weak.

People with cerebral palsy are each affected in an individual way, with varying severity in their symptoms. Some common problems are difficulty with walking, balance and coordination, trouble swallowing or speaking and in some cases impaired vision or hearing. There is also a higher incidence of epilepsy among those with cerebral palsy and some sufferers may have learning difficulties, dependent upon which part of the brain has been damaged.

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Causes of Cerebral Palsy

There are a number of causes of cerebral palsy and, in some cases, the cause is unknown. Some of the more common causes are:

• Infection during pregnancy (e.g. rubella)
• Very premature or low weight births
• Head injury or infections (such as meningitis) in young babies
• Lack of blood supply / oxygen during birth

Around 1 in 10 cases are caused by complications during labour or birth.

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Making a Claim for Damages

A small percentage of cerebral palsy cases are caused by the negligence of medical staff and could have been prevented. For example, there may have been early signs that the baby was in trouble during labour which staff overlooked and which, if acted on, would have led the baby to be born undamaged. If this is found to be the case, it may be possible to recover damages, which can help cover care costs and provide a better quality of life for affected individuals.

Clinical negligence cases for birth injuries can be both lengthy and complicated, so the support and assistance of an experienced personal injury lawyer is invaluable. The Legal Line lawyers are specialists in all aspects of medical negligence, including cerebral palsy claims, and can provide expert claim advice at all stages of your case.

In every case, medical evidence will be required and it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (what is known in law as negligent), and that the injury sustained was a reasonably foreseeable consequence of that negligence. In clinical negligence cases this means that you have to prove that the treatment fell short of accepted standards of care. Your lawyer will be able to collate all of the necessary information and evidence in order to pursue your claim to the best possible conclusion.

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Compensation

There are two elements to a compensation award.

The first, called general damages, is for pain, suffering and loss of amenity and in a cerebral palsy case will be for life.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for losses and expenses,
is known as special damages and aims to put you back in a position financially as if the injury had never occurred. Awards for cerebral palsy sufferers include the cost of care, adapted housing, equipment and transport needs both past and future.

Awards for children are awarded in a number of ways. They can be invested under court supervision until the child reaches the age of 18 or, in cases of disability, part of the settlement can be set out into periodical payments. This is to enable payment of regular expenses such as equipment, carers and transport facilities. A responsible adult, usually a parent, has the job of keeping an account of the money and reporting to the Public Guardianship Office on how it is being spent.

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Specialist Clinical Negligence Lawyers

The Legal Line lawyers have extensive experience in recovering compensation for the victims of clinical negligence, including cerebral palsy cases. They can provide expert claim advice on all areas of making a claim and offer the assistance and guidance that you need.

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