Cerebral Palsy Claims Solicitors

Often, it can take several weeks or months for the symptoms of Cerebral Palsy to become apparent to parents and healthcare professionals. Other times the symptoms emerge early, such as a baby experiencing fits or having difficulty passing urine.

If your child is unwell or does not meet certain milestones, they may be referred to a paediatrician who will arrange for any necessary tests, such as an MRI scan. The paediatrician will then advise if other referrals are appropriate, such as to a physiotherapist, speech and language therapist, or to an educational psychologist.

A child with Cerebral Palsy’s development may also be judged against the Gross Motor Function Classification System (GMFCS). This categorises a child’s mobility and physical capabilities into one of five categories, with Level 1 indicating slight problems with balance and coordination, to Level 5 where they must be transported in a manual wheelchair at all times.

Once a diagnosis has been made, and it is determined that the child’s injury was caused by substandard care during birth or during the mother’s antenatal care, then they may be eligible to make a Cerebral Palsy claim.

During the antenatal period, if a healthcare professional fails to adequately monitor the health and wellbeing of mother or baby, it is possible that they 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 be a sign 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 unjustifiably delayed, this may be considered negligent treatment and grounds for a medical negligence claim.

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 the mother or baby from receiving 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 solicitors in all forms of birth injury claims, we will thoroughly investigate the actions or inactions of the healthcare professionals involved in your situation, to determine whether you have a viable claim for the injuries your child sustained.

Material contribution

If there is more than one potential cause of the 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 value of 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 is started, a claimant may request a stay of proceedings to allow for the nature of the injury to be determined, which will influence the value of 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 final settlement is reached.

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

Due to the long-term care that a claimant often requires following 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

Before making a Cerebral Palsy claim, it is important to be aware that the law does not allow someone under the age of 18 or a protected party (someone who lacks the mental capacity to make certain decisions for themselves) to bring a medical negligence claim on their own.

Therefore, the claimant will require a litigation friend to instruct the solicitors for their claim and handle all proceedings on their behalf. A litigation friend, often a claimant’s parent or guardian, will essentially act as the claimant during the claim, providing evidence and statements where required.

To give yourself the best possibility of achieving a successful claim that secures your child’s future, it is important to speak to specialist medical negligence solicitors.

At Gadsby Wicks, medical negligence is our only focus, and we are among the best firms in England for this area of law:

• We have been dedicated to medical negligence since 1993

• We are authorised and regulated by the Solicitors Regulation Authority

• We are the first firm in England to have two or more lawyers accredited as accredited clinical negligence specialists by the Association of Personal Injury Lawyers

• Four of our solicitors are also accredited by the Law Society’s Clinical Negligence Accreditation Scheme

• We have in-house medical professionals to assist with your case

• Managing Partner Gillian Gadsby is on the Clinical Negligence Specialist Panel for the Action Against Medical Accidents (AvMA) charity

From your free initial consultation we will guide you through every stage of the claims process and undertake all necessary investigations, ensuring that your child receives the compensation and justice they deserve.