What it is and why you may be entitled to cerebral palsy compensation
Cerebral palsy, or CP, is a complicated lifelong condition leading to wide ranging complex physical and mental support needs. In some cases, the condition is a result of inadequate medical care provided before, during or just after a child’s birth.
Medical care that falls below acceptable standards could mean that a pregnancy and labour were not properly monitored. It may be that signs that the baby was in distress were not picked up in time, or at all.
In some cases, it may be that medical staff failed to recognise that a timely intervention such as an emergency c-section was the appropriate course of action for the safety of both mother and baby.
Our cerebral palsy compensation lawyers often see a catalogue of avoidable errors that have led to babies suffering oxygen deprivation which has caused CP. Families in these circumstances are entitled to cerebral palsy compensation.
How does cerebral palsy happen?
It is essential for both mother and baby to be monitored carefully, by the appropriate medical professional, throughout a pregnancy and birth. Unforeseen circumstances can occur even when a pregnancy has been uneventful and appears to be low risk.
Common, and easily treatable, infections such as Group B streptococcus infection (GBS) can result in the baby suffering with cerebral palsy if this is not detected quickly and the appropriate antibiotics provided in time.
Oxygen deprivation is one of the leading causes of CP and happens when medical staff have failed to deliver medical intervention in a timely manner. The right specialist solicitor will help you prove that your child’s cerebral palsy was preventable and will secure the cerebral palsy compensation that they are entitled to.
What are the signs that my child may be entitled to cerebral palsy compensation?
CP is a complicated condition, and each individual will be affected differently. The early red flags can include:
- The baby’s body was floppy at birth
- The baby’s skin was mottled or discoloured at birth
- The baby made grunting noises after birth
- The baby’s muscles feel stiff
- Missed developmental milestones
- Noticeable cognitive and physical difficulties
How long will it take for a cerebral palsy diagnosis?
It can often take a few years to receive a full diagnosis of cerebral palsy and it may not be until your child is aged four or five before a full diagnosis is given. If you suspect that the medical care provided to you and your baby during your pregnancy and birth was not quite right, you may be entitled to cerebral palsy compensation.
We often hear from our clients that they noticed that medical staff were panicked during the birth of their child.
They often tell us that they felt that something was not quite right, but their medical team failed to listen.
We hear that they continue to have questions about their child’s birth that remain unanswered.
We believe a mother’s instinct that things could, and should, have been different and that their child should have been born perfectly healthy with no injuries. We fight for the cerebral palsy compensation needed to meet a child’s lifelong, and extensive, needs as a result of these preventable incidents.
Do I need to wait for a CP diagnosis before starting a cerebral palsy compensation claim?
You can start a cerebral palsy compensation claim as soon as you suspect that your child may have the condition and that this could have been a result of medical care that fell below acceptable standards.
A cerebral palsy compensation claim is complex, and it is difficult to prove that the injury was due to medical errors. These claims are worth several millions of pounds and can take several years to reach a conclusion so it is recommended that you instruct a specialist solicitor as soon as you believe, or have knowledge, that the injuries could have been due to medical negligence.
How will cerebral palsy compensation help to support my child?
A child with cerebral palsy will require a range of ongoing treatment and care for the rest of their lives. This may include speech and language therapy, occupational therapy, specialist wheelchairs and adapted accommodation.
Some children may need 24-hour carers. A child living with cerebral palsy will need significant support for the rest of their lives. Cerebral palsy compensation is meticulously calculated to include past and future care needs to ensure that these needs are met both now, and in the long term.
Cerebral palsy compensation will ensure that your child can access the quality services they need, when they need it.
How do I choose the right cerebral palsy compensation solicitor?
In order to access cerebral palsy compensation, the affected family must prove that this serious injury could have been avoided had medical staff delivered a satisfactory level of medical care. This requires a solicitor with extensive experience and knowledge of this complex area of law.
These claims are hard fought and also require the input of independent medical professionals. The following criteria is recommended when selecting the right cerebral palsy compensation solicitor for your family:
- Can they demonstrate a strong track record of winning cerebral palsy compensation claims?
- It is critical that they specialise in this difficult, and contentious, area of law. A medical negligence or personal injury generalist lawyer may not have the expertise required to win.
- Do they have established relationships with leading specialist barristers and independent medical professionals to ensure the best chance of success for your claim?
- What do their cerebral palsy compensation clients say about them?
- Did they take the time to listen to your concerns empathically when you made your initial enquiry?
- Did they explain the legal process in layman terms and with complete transparency?
- Did you feel comfortable talking to them about your fears, concerns and challenges?
What is involved in the cerebral palsy compensation claim process?
If you choose to instruct our cerebral palsy compensation specialist lawyers, we will talk to you about the details of your pregnancy and your child’s birth. We will ask for information on what you believe went wrong and will talk to you about the difficulties that your child currently faces.
We will request your medical records and consider them carefully; we will take statements from you.
We will ask our medical experts to give us advice about the care you received. This process can take time as it can often involve several months of going back and forth with the hospital believed to be responsible for your child’s injury.
We leave no stone unturned as the devil is always in the fine detail of these complex cases. We work with highly experienced independent medical experts and barristers to meticulously consider what happened and when.
We will fight for families throughout a cerebral palsy compensation claim
The cerebral palsy compensation claim experts at Diane Rostron understand the daily challenges faced by families supporting a child with CP. The legal process can take several years, and at times will be difficult. Our team will hold your hand every step of the way.
We will fight to resolve your claim avoiding the case reaching trial wherever possible. We fight to secure interim payments in the meantime so that your child’s needs can be met before a cerebral palsy compensation claim is fully settled.
How long will a cerebral palsy claim take?
Proving that a child is living with cerebral palsy as a result of medical negligence is extremely difficult. When fully settled, cerebral palsy compensation claims are worth millions of pounds, so these claims are robustly defended by the solicitors representing the hospital involved.
These claims are defended every step of the way and the law, as it currently stands, means that the responsibility is on the family and their legal team to prove that the significant injury could have been prevented with better medical care.
Each case is different, some will settle more quickly than others but on average, cerebral palsy compensation claims can take an average of seven years from start to finish. Interim payments can be secured in the meantime however, so that families can meet their child’s complex needs while the legal process is ongoing.
How much will it cost to pursue a cerebral palsy compensation claim?
The team of cerebral palsy compensation lawyers at Diane Rostron represent families on a no win no fee basis in most instances.
This provides peace of mind that you can obtain the justice that you deserve without the financial worry.
How do I start my cerebral palsy compensation claim?
Our cerebral palsy compensation solicitors are parents, we are here to listen, and to help. We understand how families feel following a significant birth injury and the far-reaching impact and consequences resulting from these incidents.
To start your cerebral palsy compensation claim contact Diane Rostron’s empathetic team today