Cerebral Palsy Compensation Claims
Cerebral Palsy is a term used to describe a group of chronic conditions affecting body movement and muscle coordination. It is caused by damage to one or more specific areas of the brain and is not an abnormality of the nerves or muscles.
This damage usually occurs -
- During development of the foetus
- Shortly before or after birth
- During birth
- During infancy
There is no combination of factors that always results in CP and it is well recognised that the foetal brain is well equipped to sustain periods of relative deprivation of oxygen. A surprising number of babies who have a very stormy time during and soon after birth go on to do very well, and conversely, some babies who have fairly uneventful births develop cerebral palsy.
If your child suffers from cerebral palsy you may be able to make a claim to help you with increased living expenses and give your child a better life. Contact us on 0800 054 2063 or complete our contact form for free advice.
Diagnosis
Diagnosis usually involves a period of waiting for the definite and permanent appearance of specific motor problems but most cases can be diagnosed by 18 months. Until recently there was a wide spread belief that all cases of cerebral palsy were a result of birth complications but, following extensive research, it is now realised that this is not so. Even though the cause of many cases of CP is not known it is estimated that about 10% can be directly attributable to brain damage during birth. These fall broadly into two groups:
- Spastic quadriplegia CP involves rigidity and involuntary jerky muscular contractions of all four limbs and is usually caused by a prolonged period of hypoxia. Mental capacity is often affected in this type of CP
- Athetoid CP is characterised by involuntary writhing movements of the limbs and is usually caused by hypoxia of a shorter but more profound duration. In this type of CP the intellect is often preserved
Listed below are some of the possibly negligent actions that can result in brain damage in some children during development and birth;
- Failure to order specific tests during pregnancy and not interpreting these tests correctly
- Failure to identify foetal distress
- Failure to perform (or delay in performing) a Caesarean Section when there is evident foetal distress
- Excessive use of Vacuum Extraction
- Failure to deliver baby when the membranes have been ruptured for more than 24 hours
- No paediatrician present at birth when problems could have been foreseen
Cerebral palsy due to birth injury cases are very complex and JMW medical negligence solicitors are recognised as leading specialists in this field. Recently they have recovered compensation of £1,800,000 for one of their clients. It is essential to have a solicitor experienced in this field of medical negligence law because these cases are often strongly contested and it takes the skill of a specialist solicitor to recover maximum damages that can be in the millions of pounds. Legal aid is available for these claims and most children will qualify as it is only the child's income and assets that are taken into account.
For an assessment of your potential claim, please complete our online enquiry form and one of our specialists will contact you shortly or please contact us on 0800 054 2063.



