Cerebral Palsy Compensation Claims

Though giving birth can often be long and tiring, meeting your new baby should be nothing but smiles. Unfortunately, we know that this is not always the case, and occasionally a devastating birth injury as a result of medical negligence can leave a child with permanent damage that can not be undone.

 

Cerebral Palsy is the name given to a life changing condition that affects the brain and the nervous system; a condition which around 1 in 400 children in the UK are born with each year. While the condition is not life-threatening, cerebral palsy is a lifelong physical disability that affects a person's posture, coordination and ability to move as well as potentially affecting their ability to communicate, eat and sleep normally.

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All too often, a baby will be deprived of oxygen at birth due to a delay in delivery following indications of stress, and this will cause irreversible damage to the cerebrum. Failure or delay in recognising and treating other conditions such as jaundice, low blood sugar or meningitis early on can also lead to a baby developing cerebral palsy. If you believe that your child is suffering from cerebral palsy as a result of malpractice or their condition was misdiagnosed, you should speak to a specialist cerebral palsy lawyer who can help make your claim and be compensated for the physical and emotional pain that this condition can cause. 

Our expert team of cerebral palsy compensation lawyers understand the strain that this condition puts on a person’s life and all those involved, such as close friends or family. When you come to IBB for help on making a clinical negligence claim, we’ll provide you with a free initial consultation to discuss your case, and we also offer no-win no-fee agreements.  Contact us today on 0333 123 9099. Alternatively, please email us at enquiries@ibbclaims.co.uk or complete our online form.

Was my Child’s Cerebral Palsy Caused by Medical Negligence?

While many cases of cerebral palsy stem from causes unrelated to the birth such as an infection caught by the mother during the pregnancy, others come as a result of a birth injury that could have been avoided with diligence and care. If you were not informed of any genetic condition, infection or hemorrhage during the pregnancy and the baby was not born prematurely but was still diagnosed with cerebral palsy; there is a chance that this could be as a result of medical negligence at birth.    

What Types of Cerebral Palsy Claims can IBB Claims help with?

The team of specialist cerebral palsy compensation solicitors at IBB are experts in handling these kinds of complex negligence claims and have vast experience in helping our clients to claim the compensation they deserve.

We understand that each child is unique, and the individual complexities surrounding each birth differ greatly. By taking the time to understand the circumstances and situation in detail, our cerebral palsy lawyers can build a strong case and help you to be compensated for the potential malpractice that took place.

Types of negligence:

Parents of children born with cerebral palsy have obtained compensation due to medical negligence have done so on the following grounds:

  • Inadequate treatment at birth, or a delay in delivery usually following an indication of stress, leading to asphyxiation.
  • Misdiagnosis of cerebral palsy at birth, meaning that accurate treatment was not given to the child when it was most needed.
  • Delayed diagnosis of cerebral palsy.
  • Failure to correctly use forceps.
  • Failure to identify umbilical cord problems.

What is the Process for Making a Cerebral Palsy Compensation Claim?

Taking legal action in order to be compensated for medical negligence is something you should consider straight away if you suspect it to be the reason behind your child’s cerebral palsy.

After the initial conversation with you in which we will discuss and assess the strength of the claim, our cerebral palsy lawyers will investigate the events and procedures undertaken during the delivery of the baby.

In order to do this, we will consult with medical experts who will thoroughly assess your medical records, the standards of the staff and location of the hospital as well as the level of care provided before, during and after the delivery.

Most cases are settled outside of court, via negotiation and/or mediation.  However, if we do need to go to court we will often need to engage a barrister to draft the necessary documents.  If the case is particularly complex, the barrister may need to meet with you and your solicitor to clarify some points.

During the process, both the defendant and the claimant can make an offer to settle the cerebral palsy claim at any time. We will be there for you every step of the way to advise whether or not an offer is worth settling for. If there is sufficient evidence to prove negligence, you will either accept an offer from the defendant or the judge.

How Long do I Have to Make a Cerebral Palsy Claim?

Cerebral palsy claims should be made as soon as possible. We can  arrange a conditional fee arrangement (no win no fee) as a form of funding.

How Long Will it Take to Make the Cerebral Palsy Claim?

The duration of the process differs greatly between cases and depends on a number of factors, such as the strength of the claim and whether or not the defendant makes an offer for a settlement early on in the process.

Whatever it takes, our cerebral palsy compensation lawyers have a thorough knowledge of the legal system and will keep you informed every step of the way as to how your case is progressing and how much longer it will take.

The determining factor is your child. We are unlikely to recommend settlement of your child’s claim until it is clear what their future needs will be.

What Information Will I Need to Make a Claim?

In order to build a strong claim for you to receive cerebral palsy compensation, it might be necessary for us to have access to your medical records. This will allow us to prove that there were no underlying issues in the pregnancy or risk factors that could have caused the brain injury in your child.

How Much Will it Cost to Make a Claim?

Cerebral Palsy claims can usually be funded by Legal Aid with no parental contribution, since it is the child’s income that will be taken into account rather than the parents. Therefore, regardless of your income or assets and eligibility for Legal Aid, it is highly likely that your fees will be taken care of. An alternative to legal aid is a no win - no fee agreement.

Cerebral Palsy is a serious condition and is the most common physical disability amongst children. If you feel that your child is suffering from cerebral palsy as a result of medical negligence during the delivery, please get in touch with one of our cerebral palsy compensation lawyers for a free consultation. Contact us on 0333 123 9099. Alternatively, email us at enquiries@ibbclaims.co.uk or complete our online form.