Cerebral Palsy Negligence Claims
Cerebral palsy occurs where the brain is damaged resulting in physical impairment and sometimes intellectual difficulties. Living with cerebral palsy or caring for someone with cerebral palsy can require a lot of support, financially, physically and emotionally.
We appreciate at Moore Blatch Resolve that having cerebral palsy or caring for someone with cerebral palsy can change your life and we can assist you by providing you with legal assistance to help you improve the quality of your life or your child’s life through obtaining compensation for them.
Compensation can provide a lifeline for you to ensure your child receives the appropriate level of care and support.
What is cerebral palsy?
Cerebral palsy is a permanent disorder of the development of movement and posture caused by damage to the brain. The damage can occur during pregnancy, during childbirth or after birth up to the age of about three years old. There is no known cure fro cerebral palsy.
Cerebral palsy can affect a person in a number of ways and there are three main categories of cerebral palsy:
• Ataxic cerebral palsy - difficulty with speech, shaky movements of hands or feet and
problems with balance.
• Athetoid cerebral palsy – posture is affected and muscle control is affected by
spontaneous movements.
• Spastic cerebral palsy – control is difficult as some of the muscles in the body are stiff,
weak and tight.
We appreciate at Moore Blatch Resolve the difficulties faced by the person and also the family of someone with cerebral palsy, it will affect how you manage your day-to-day life and will affect you and your child’s ability to work and your lifestyle.
Medical care and rehabilitation
The effects of cerebral palsy can range from slight muscle problems to being paralysed and brain damaged therefore the medical care required will depend on the seriousness of the condition in the particular case. Specialist care is required to assist in raising a child suffering from cerebral palsy and you and your family will require support and assistance to ensure your child has the correct level of care.
At Moore Blatch Resolve we have vast experience of working with rehabilitation units throughout the country. We take an active role in providing quality information and advice to them about the extra resources that may be available through litigation. We work with rehabilitation experts both in the NHS and in the private sector to ensure the continuity of your child’s care.
Our aim is to assist you to help ensure your child’s healthcare and welfare is attended to and we can do this by obtaining interim payments of compensation to assist you with you and your child’s:
• Rehabilitation
• Re-education/training
• Transport
• Housing
• Aids and equipment
• Care support
• Therapeutic services
• Case management.
Long-term support and care
Many people who suffer from cerebral palsy require some support for the rest of their lives. Our aim at Moore Blatch Resolve is to assist you as much as possible to ensure your child receives the medical support and care that they require. We have a wide range of contacts with organisations that can assist you and can work closely with you and your family. These include:
• Case managers who will assess and organise any support and care your child may need;
• Support workers who will visit your child on a regular basis to provide you support and help;
• Community rehabilitation such as physiotherapy and occupational therapy.
Our aim at Moore Blatch Resolve is not only to recover for your child the best settlement in relation to your medical negligence litigation but to ensure your child’s healthcare and welfare is a priority.
When should I contact a solicitor?
You should contact a solicitor as soon as possible. The sooner we can commence work on your claim the sooner we can begin to assist you and your child.
We can advise you on your benefit rights and also advise on dealing with debts which might arise due to being off work caring for your child.
Can I claim compensation for cerebral palsy?
Cerebral palsy can be caused by a number of things either before, during or after the birthing process. This can include meningitis in the womb, bleeding to the brain and lack of oxygen during delivery.
If you or your child suffers from cerebral palsy and you think the condition may have been caused by the negligence of your healthcare provider either during or after pregnancy then the Moore Blatch Resolve Clinical Negligence team may be able to help you with a claim for compensation.
Examples of negligence which can cause cerebral palsy can include:
• Failure to monitor the newborn during the delivery stage correctly causing lack of oxygen at birth, or
• Failure to act in response to the results of observations during delivery causing lack of oxygen during birth; or
• Failure to correctly treat a newborn suffering from jaundice; or
• Failure to protect newborn from being exposed to meningitis resulting in brain damage.
It is very important to contact an experienced solicitor to receive legal advice. We can guide you through the initial process and provide you with the best advice as to whether or not you have a claim. You may not consider that you have a claim but we may well be able to assist you. We also receive numerous enquires from clients who wish to transfer their files to us if they are not satisfied with the progress that their current solicitors are making.
Funding
We will offer you a first free interview. At this initial consultation we will advise you whether or not your claim is worth pursuing. If you do decide to proceed with your claim we will advise you as to the best methods of funding the legal costs of your case. Legal Aid is available for clinical negligence claims and we will assess your eligibility at the outset.
Where a claim of medical negligence is being brought as a result on an injury to a child up to the age of 16 then Legal Aid will generally be available subject to the merits of the case being investigated by the Legal Service Commission.
If you do not qualify for Legal Aid the options are as follows:
• Legal Expense Insurance: We will check whether you have a policy of insurance which covers your legal costs;
• A Conditional Fee Agreement commonly known as a no-win-no-fee agreement. Under this particular scheme you receive 100% of your damages and no deductions will be made from these. Our fees are recoverable from the defendant at the successful conclusion of your case. If you are not successful in recovering damages you will be protected by after the event insurance policy to protect your position financially. Therefore even if you are not successful you will not owe anyone anything.
How much compensation will I receive?
If the claim is successful compensation will be awarded. The aim of the compensation is to provide financial compensation for the disabled person and their family as in most cases of cerebral palsy professional medical care, physiotherapy and occupational therapy is required on an ongoing basis.
Compensation is listed under various categories:
• Damages for pain suffering and loss of amenity. These are often called general damages and are awarded to compensate you for actual injury you sustained. The amount of compensation you will receive depends upon the nature and extent of your injuries, the effect it has on your daily life for example taking part in recreational activities such as sports and hobbies;
• Damages for financial losses to the date of settlement of your claim. These will include loss of earnings (loss of tax and national insurance);
• Private medical or therapeutic expenses;
• The costs of any aids and equipment which you have purchased;
• Travelling expenses incurred by you or your family;
• The value of the care which is provided to your child by your family, partner or friends;
• The cost of any professional care which is being provided.
Damages for future loss and expenses
Many people who have cerebral palsy will suffer long term losses and expenses as a direct result of their condition. Calculation of the losses involved can complicated however compensation will take into account some or all of the following:
• Future loss of earnings including the loss of any promotion prospects;
• Loss of pension rights;
• The cost of providing personal care support;
• The cost of a case manager;
• The cost of physiotherapy and any other specialist therapeutic services;
• The cost of special accommodation which may be required;
• The cost of any special aids or equipment including annual maintenance and replacement costs;
• Extra transport costs;
• The cost of managing your child’s financial affairs.
It is our aim in cases to obtain for you interim payments on account of damages these will assist you in the day-to-day management of your child’s life while your claim is being settled.
Financial affairs
For many people with cerebral palsy managing their own affairs is difficult. We can refer you to those able to provide specialist investment advice to help you as a result of cerebral palsy if you are having difficulty managing your finances. If the Court of Protection is involved our Court of Protection team will liaise closely with them to ensure that public funds are made available as quickly as possible to replace your lost income and to pay for special needs and care support.
Time limits
There are strict time limits for pursuing claims of compensation. If proceedings in respect of the claim are not started within three years from the date of the injury the court may decide that your claim is out of time. However whilst the period of time limit is strictly enforced by the courts there are certain circumstances in which it is possible to bring your claim outside the three-year time period.
The time limits for your child to pursue a claim of compensation will not run until they are 21 years of age. However, if for example your child is unable to manage their financial affairs when they reach the age of 21 because of brain damage then there is no time limit that applies.
We are able to bring proceedings against the negligent healthcare professionals on behalf of your child before they reach the age of 21 to ensure they receive the appropriate care as soon as possible. Please contact us at the earliest opportunity and we can discuss this with you.
Will I need to attend court?
The vast majority of cases are negotiated and settled before they go to court however some may ultimately go to a trial. However you can rest assured you are in safe hands. We are very experienced at Moore Blatch Resolve in dealing with medical negligence claims and we will guide you through the process.
Contact us on 0800 158 5258: If you believe that you or someone you know has suffered as a result of medical negligence please do not hesitate to contact us, we deal with clients throughout the country and we will visit you at your home, hospital or rehabilitation unit.