Table of Contents
Medical negligence and cerebral palsy
Cerebral palsy is a condition that affects muscle movement, control, vision, and learning ability. It is caused by an underdevelopment of the brain during pregnancy or brain injury that occurs during or shortly after birth. While there is no cure for this type of condition, treatment and therapy can help to ease symptoms and improve mobility and balance to help your child be as independent as possible as they grow up.
If your child has developed this condition due to medical negligence that could have been avoided during or after their birth, you may be eligible to claim compensation on their behalf.
These claims can only be made if it is established that the medical professional owed the claimant a legal duty of care, which they breached as their level of care fell below the standards required, and the claimant suffered worsened injuries as a direct result of their negligence.
Complications with birth can cause brain damage that leads to cerebral palsy. Some examples of medical negligence involved in the handling of these complications include:
- Delay with the delivery of the baby, leading to oxygen deprivation in the womb.
- Avoidable brain injury during birth or after
- Failure to monitor the baby’s heart rate.
- Complications with the umbilical cord, also leading to oxygen deprivation.
- Failing to monitor dangerously low blood sugar levels that could have been prevented.
- Failure to diagnose or mistake in the diagnosis of an infection during pregnancy.
Negligence leading to your child developing cerebral palsy can also occur after birth. For example, if there was a failure on the part of the doctors and nurses to monitor infections that develop after birth, such as jaundice, meningitis, and hypoglycaemia. These can all cause brain damage and therefore cause this condition in children.
- Witness statements from anyone that may have been with you.
- A copy of the medical and birth report from the hospital
- A record of the financial losses you have suffered as a result of the injury.
- General damages: compensation for the pain and suffering your child, and even you may have experienced due to the negligence in your daily life, as well as any loss of amenities.
- Special damages: compensation for any financial losses such as loss of earnings, extra medical expenses, such as medical care at home, a specially adapted vehicle, any home modifications, travel expenses associated with the medical care, etc.
The compensation you will receive is dependent on the severity of your child’s injuries and the amount of income you have lost due to the 24/7 care required for some cerebral palsy cases.
For these types of claims, you will usually have three years from the date the negligence first occurred, or the date when you were first aware of the the negligence.
However, children have 3 years to make a claim from the date of their 18th birthday, meaning they have until they are 21 years old to make a claim for birth injury claims. However, you can also claim on behalf of your child before they are 18 years old as their litigation friend, particularly in cases where your child does not have the mental capacity to represent themselves, in which case the time limit of 3 years will not be applied.
Hire our specialist immigration lawyers to help you through this process and ensure a successful outcome for your cerebral palsy negligence Claim application. Contact us today to learn more about our services and how we can help you with your personal injury matter.