Cerebral Palsy Claims Solicitors

During the antenatal period, if a healthcare professional fails to adequately monitor the health and welfare of the mother or baby, they may fail to identify signs that indicate the baby is at risk.

For example, if a baby’s growth rate sharply declines from its previous trajectory, this could signal that the placenta has separated too early from the uterus, depriving the baby of oxygen and nutrition. If this is overlooked, or an intervention is wrongly delayed, this may be considered a breach of duty of care.

There are also incidents of supervised neglect or negligent treatment. This is where a healthcare professional records potential warning signs in their notes, but does not recognise that these are warning signs. This can again result in avoidable delays that prevent an intervention until it is too late.

During birth, a delayed reaction to problems like a wrapped umbilical cord, preeclampsia or shoulder dystocia, or failure to perform the correct manoeuvres or techniques in these circumstances, could lead to a medical negligence case if the baby suffers injuries as a result.

As specialist lawyers in all forms of birth injury claims, we thoroughly investigate the actions or inactions of the healthcare professionals involved in your situation, to determine whether you have a valid Cerebral Palsy claim.

Additionally, if there is more than one potential cause of a claimant’s injury, and one or more of those is non-negligent, but medical science cannot determine with absolute certainty what the main cause of a claimant’s injury is, then a claimant is entitled to 100% of the compensation.

There is no standard duration for a Cerebral Palsy compensation claim as every case is unique. However, we would advise that it will often take upwards of 6 years to investigate a birth injury claim, determine liability and quantify the final settlement.

In many cases, it will be impossible for medical experts to assess the full extent of a child’s injury, and the long-term care and support they will require, until several years after the incident. Once a claim starts, a claimant may request a stay of proceedings to allow for the nature of the injury to be determined, which influences the final settlement.

During this wait, claimants can apply for interim payments. If the defendant has admitted liability, been found liable for some harm caused to the claimant, or the Court considers it very likely that the defendant will be found liable, these payments can allow families to set up a care regime that works for them, move to more suitable accommodation and start beneficial therapies and treatments before the settlement is reached.

As the claimant in a Cerebral Palsy claim will typically be under 18, they have until their 21st birthday to make a claim. There is no time limit for anyone who is mentally incapacitated.

In special circumstances, the courts sometimes allow claims outside these time limits. However, we would always advise that there is no benefit to delaying an injury compensation claim, and it is helpful to get in touch with legal services as soon as possible.

There is no single answer to the amount of compensation that a claimant will receive following a Cerebral Palsy claim. Generally speaking, most of the compensation awarded will be based on the claimant’s long-term care requirements.

Due to the long-term care that a claimant often requires after a serious birth injury, it is common for compensation to be awarded as both a lump sum and annual periodic payment orders (PPOs). These annual payments help ensure that the claimant will always receive the financial support they need to cover their care requirements.

The below case studies offer insight into the potential value of Cerebral Palsy claims:

• Oxygen Starvation at Birth – Baby X
• Oxygen Starvation During Birth – Baby D
• Acidosis, Hypotension & Hyperbilirubinaemia Following Birth – Baby M
• Oxygen Deprivation During Birth – Baby G

Someone with Cerebral Palsy can live a happy, fulfilling life despite the challenges it presents. However, much of that can depend on the compensation that you receive.

Following a successful Cerebral Palsy claim, the compensation awarded can be applied in a variety of ways to ensure the continued safety and welfare of the child and also the family by targeting their specific needs. This can include:

• Hiring a professional case manager to coordinate the claimant’s care and therapy package, consult with architects, etc.
• Adaptations to the family home – stairlifts, ramps, wet rooms, hoist systems, garages, increased storage space, etc.
• Acquiring more suitable accommodation in line with the claimant’s needs
• Hiring live-in care assistants to provide full-time care
• Aids and equipment such as wheelchairs, assistive technology and special seating
• Treatments and therapies to maximise mobility and minimise discomfort – physiotherapy, hydrotherapy, speech and language therapy, corrective surgeries, etc.
• The salary of the Deputy appointed by the Court of Protection
• Additional holiday and travel expenses
• The cost of loss of earnings the claimant may have received based on the achievements and academic performance of their parents and siblings