Family Clinical Negligence Cerebral Palsy Claim

Cerebral Palsy Claim

Cerebral Palsy Claim: What to Know

Seeking compensation in the form of a cerebral palsy negligence claim can help secure your child's future.

There are some key characteristics associated with different types of cerebral palsy, which include: 

  • Spastic cerebral palsy involves increased muscle tone, delayed movement milestones, and abnormal movements. 
  • Dyskinetic cerebral palsy is characterised by involuntary movements, muscle spasms, and difficulties maintaining posture. 
  • Ataxic cerebral palsy affects balance, coordination, and fine motor skills, resulting in tremors and shaky movements. 

Symptoms and Developmental Challenges

The impact of cerebral palsy varies; some children develop largely independently, while others need extensive daily support.

Common issues for a child with cerebral palsy include motor control and coordination difficulties, cognitive impairment, and speech difficulties. Additional challenges can consist of bowel control issues, sensory impairment, epilepsy, and spinal problems.

Making a Claim: Who Can File a Claim?

If your child has cerebral palsy and you believe it was caused by before, during, or after birth, you may have a cerebral palsy claim for compensation. It is essential to understand your rights and explore the possibility of seeking compensation for the impact of on your child's life.

Steps to Initiate a Cerebral Palsy Compensation Claim 

Our experienced cerebral palsy lawyers are here to help and support you claim compensation and will listen to your story of events before assessing your realistic chances of making a successful negligence claim. 

We will then advise you on your next steps, providing empathetic guidance through each step. 

What Evidence is Required?

When pursuing a cerebral palsy negligence claim, it is helpful to collect any supporting evidence that may assist your compensation claim.

This may include medical reports, documents, statements, and financial records. Gathering this evidence can help our lawyers build a strong cerebral palsy case as it will provide a comprehensive picture of the circumstances that cause cerebral palsy and establish for the claim. 

Understanding Medical Negligence: What Constitutes Medical Negligence?

Medical negligence is a deviation from accepted medical standards that directly causes harm to a patient.

 If the care provided during pregnancy, labour, or after birth falls below the expected standard and leads to cerebral palsy, it constitutes. 

When occurs, claiming compensation can help to secure your child’s future.  

Medical errors during pregnancy, childbirth or the neonatal period can cause brain damage that leads to cerebral palsy. 

 

This can include inadequate treatment of maternal health conditions, failure to monitor foetal development, or failure to act on foetal distress during labour. 

 

Mismanagement of forceps or ventouse during delivery can also cause cerebral palsy.  

The Compensation Process

The potential amount of compensation awarded varies depending on the specifics of each cerebral palsy case.

Time Limits for Filing a Claim 

Usually, there is a three-year limit from the time of injury for claims. For claims relating to children who have cerebral palsy, if their parent does not claim on their behalf, the time limit is three years after their 18th birthday (i.e., their 21st birthday). 

The only exception to this is where the child lacks mental capacity at the time the negligence occurred, for example, where a child sustains a brain injury at birth in which case the time limit does not apply, they can issue proceedings at any age providing that mental incapacity is continuous and ongoing. 

 

How We Can Help: Expertise in Cerebral Palsy Negligence Claims

We have extensive experience in cerebral palsy negligence claims. We understand the complexities of cerebral palsy cases and the impact that a birth injury can have on families.

Our team of specialist cerebral palsy lawyers is dedicated to securing the compensation and support that your child deserves.

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