Is cerebral palsy caused by medical negligence?

The medical negligence lawyers at Graysons answer some of the most frequently asked questions. This includes how to prove medical negligence, what types of medical negligence may lead to cerebral palsy, how medical negligence compensation is calculated, and what to do if you believe your child has cerebral palsy due to clinical negligence.

What might cause cerebral palsy, and how will my child be affected?

Cerebral palsy arises during infancy. Some of the main causes for cerebral palsy include infections of the brain, such as meningitis, a bleed on the brain or neonatal stroke, abnormal brain development, being born prematurely, as well as injury to the brain during infancy. Injury to the brain can be caused by various scenarios, including trauma such as a car crash, child abuse, or in some cases birth injury due to medical negligence.

People are affected by cerebral palsy in different ways, and in some people, the condition is barely noticeable, while others will need specialist care and help throughout their life. Some of the most common effects include mobility problems, learning difficulties, impaired motor control and coordination, epilepsy, behavioural problems, and sensory impairment.

The birth injury solicitors at Graysons will be able to assess your child’s medical negligence case and advise if it is likely to be successful. Our team of medical negligence experts will then be able to present your child’s claim and ensure that adequate financial compensation is awarded to help manage your child’s condition.

Who can be affected by cerebral palsy?

Cerebral palsy is a motor disability that can affect any child. The Centers for Disease Control  and Prevention state that around 1 in 323 children have been identified as having cerebral palsy and that the condition is more common among boys than girls.

There are three types of cerebral palsy: Spastic cerebral palsy, dyskinetic cerebral palsy, and ataxic cerebral palsy. Some children will have a combination of two or all three types of cerebral palsy. All three types of cerebral palsy can be caused by clinical negligence.

What types of medical negligence may lead to cerebral palsy?

The most common cause of cerebral palsy medical malpractice is birth injury, including a failure to deliver an infant when there are clear indicators. Signs of stress in the baby may be caused by the umbilical cord becoming wrapped around the infant’s neck or the infant becoming stuck in the pelvis during birth. Delayed delivery can lead to an infant being deprived of oxygen, which can cause permanent brain damage and may lead to cerebral palsy. Birth injuries that cause cerebral palsy may occur during a forceps delivery, when too much pressure is applied to the baby’s head, leading brain damage. The disorder may also be caused by clinical negligence after the birth, including a failure to diagnose and treat jaundice, low blood sugar, and infections such as meningitis, as well as congenital conditions.

Can I sue the NHS for cerebral palsy caused by clinical negligence?

Yes, if your child has cerebral palsy due to medical negligence, then you can sue the NHS. If your child was delivered or treated in a private medical facility, then you can also submit a medical negligence claim on their behalf against that healthcare provider. The best way to proceed with a medical negligence claim is to contact a clinical negligence lawyer, such as the team of experts at Graysons.

How do I prove my child’s cerebral palsy was caused by medical negligence?

To make a claim for clinical negligence, you will need to prove that your child’s cerebral palsy was caused by poor medical care that fell below acceptable medical standards. You will also need to prove that the cerebral palsy was caused by the actions, or inactions of healthcare professionals. A medical negligence specialist, such as the team of experts at Graysons, will be able to assess your child’s potential clinical negligence claim and let you know if it is likely to be successful. They will then prepare the evidence required to make a successful medical negligence claim, keeping you appraised of your legal rights every step of the way.

Who should I contact if I think my child has cerebral palsy caused by medical negligence?

If you think your child has cerebral palsy due to medical negligence, then you should contact a medical negligence expert, such as the team of medical solicitors at Graysons. They will be able to assess your child’s case and let you know the claim if likely to be successful. If you decide to proceed with the claim on your child’s behalf, the team of medical negligence lawyers at Graysons will prepare all the required information, including witness statements and medical reports. They will then submit a medical negligence claim and ensure your child receives the maximum amount of compensation possible. In the unlikely scenario that your child’s claim ends up in court, the medical negligence specialists at Graysons will represent you.

What is the average payout for medical negligence cerebral palsy claims?

It is almost impossible to put an accurate figure on what an average payout for a medical negligence cerebral palsy claim may be as every case is unique. The amount of compensation you receive if the claim is successful will be based on the severity of your child’s cerebral palsy, as well as the cost of ongoing care they require in their lifetime.

How will making a medical negligence claim for cerebral palsy help my child

One of the key reasons parents decide to make a cerebral palsy medical negligence claim on behalf of their child is to ensure that there are sufficient funds to support their child’s ongoing health and care costs throughout their lifetime. Compensation will also cover financial provision for such things as occupational therapy, specialist equipment, specialist education, assistive technology and equipment, speech and language therapy, physiotherapy, and loss of earnings potential. Depending on the severity of the condition, compensation for cerebral palsy medical malpractice can run into millions of pounds.

What is the time limit for making a cerebral palsy medical negligence claim?

For claimants injured in childhood, the time limit for making a claim is up to the age of 21. Ordinarily, claims for cerebral palsy medical malpractice are submitted on the child’s behalf by the parents. However, sometimes it is a young adult aged under 21, often with the support of their parents, who instructs us. It is important to remember that the best time to make a cerebral palsy medical malpractice claim is as soon as possible after the negligence took place, or the condition becomes apparent. While we have successfully helped young adults with cerebral palsy sue the NHS for clinical negligence, the availability of medical records and other evidence and documents become increasingly difficult to obtain over time.

How can the medical lawyers at Graysons help with a medical negligence claim? 

Suing the NHS or a private medical practice can be a daunting and stressful task. Additionally, claiming for cerebral palsy medical malpractice can be extremely complex. You will therefore need a highly skilled and experienced medical negligence expert at your side. At Graysons, we have many people successfully sue the NHS for cerebral palsy caused by clinical negligence. If your child has cerebral palsy, or you are a young adult who has cerebral palsy that you believe was caused by medical negligence, then contact Graysons today.