Cerebral Palsy is a lifetime condition that affects a person’s movement and coordination, often because of a brain injury before, during, or soon after birth. In situations where medical negligence plays a part in the development of cerebral palsy, families could be entitled to pursue a compensation claim.
This article aims to provide an overview of cerebral palsy claims in the UK and how we can assist you.
What is Cerebral Palsy?
Cerebral Palsy is a group of disorders affecting a person’s ability to move and hold balance and posture. It’s caused by abnormal brain development or damage to the developing brain, which can happen before, during, or after birth. The effects of cerebral palsy often vary from mild to severe, and can involve:
- Stiff muscles or floppiness
- Arms and legs feeling weak
- Uncontrolled body actions
- Balance and coordination problems
- Struggles when speaking and swallowing
- Problems with cognition and higher brain function
When are you eligible to file a Cerebral Palsy claim?
If the condition has resulted from medical negligence, it may be possible to make a claim. Examples of negligence that could lead to cerebral palsy consist of:
- Failure to monitor the baby’s heart rate during labour
- Postponed delivery despite indications of fetal distress
- Mismanagement of jaundice in newborns
- Failure to identify and manage maternal infections through pregnancy
- Errors in administering medication during pregnancy or labour
Are there any time limits to be aware of when making a claim?
In the UK, there’s essentially a three-year time limit for pursuing a medical negligence claim. However, for cerebral palsy claims involving children, the time limit doesn’t start until the child turns 18. It’s advisable to start the claims process as soon as possible while evidence is fresh and more readily available.
In Cerebral Palsy claims compensation can cover several aspects such as the costs for ongoing care and support, special equipment, or home adaptions.
Comment
Cerebral Palsy and its consequences can often be devastating for individuals and their families. These types of cases are extremely complex. They require expert input from a range of disciplines. It is important, if possible, to ensure interim compensation payments are made in order to provide help and assistance to the individual and their family whilst the Claim is ongoing. These types of claims can take many years to run. It is very important to have the appropriate specialist legal representation from day one.
How can we help?
Matthew Olner is a Partner in our Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500, and Commended in The Times Best Law Firms 2023. Our team in Derby, Leicester or Nottingham is vastly experienced in providing legal representation in these types of cases.
If you would like to talk through all the funding options to ensure you get the help you need at such a difficult time, then please contact Matthew or another member of the team on 0800 024 1976 or contact us via our online form.
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