CEREBRAL PALSY CLAIMS
As specialist clinical negligence solicitors, we often deal with parents who are traumatised by the fact that their child has suffered a brain injury during pregnancy or delivery, trying to find the answers as to what has happened and discover whether the doctors or staff are responsible for their child developing cerebral palsy. We can help them by looking into the circumstances surrounding the child’s birth with the aim of obtaining compensation to secure the child’s future through birth injury claims.
A successful cerebral palsy claim requires that the treatment given to the mother and child during pregnancy fell below the expected standard of a reasonable doctor or midwife. If this can be confirmed it must then be proven on the balance of probability that any identified negligent treatment had caused the baby’s injury. This can be fairly difficult to prove and will require evidence from independent medical experts – including an obstetrician, a neonatologist, a neuroradiologist, a paediatric neurologist and a midwife.
If negligence is indeed established, we can then look at quantifying the claim and its value. There are two types of damages awarded in all successful clinical negligence cases – general damages and special damages. The damages for the actual injury suffered would fall into the general damages category, which is often paid in a lump sum on conclusion of a case. In cerebral palsy claims, the amount awarded will depend on the extent of the brain injury, often landing in the region of £250,000 for the more severe cases. Multi million pound settlements that are often read about are formed from several special damages that compensate for possible past and future financial losses that may result from medical negligence, including costs of care, home modifications and equipment costs.
Quantum investigations are extensive and a crucial part to cerebral palsy cases, requiring the involvement of experts in several fields, including physiotherapy, accommodation, occupational therapy, speech and language, and care and case management. Experts such as these are particularly proficient at identifying the needs of cerebral palsy sufferers, equipped to use their expertise to report on the needs of the inflicted child, both present and in the future. The actual costs of addressing the child’s needs in the future is calculated using sophisticated actuarial tables which account for factors like life expectancy, interest rates and inflation. During quantum investigations, the focus is always on recovering an amount of compensation that can create and secure the best possible future for the child.
‘Periodical payments’ is a term for the special damages awarded in respect of future losses, and can be paid as a series of regular payments. This ensures financial security for the rest of the child’s life.
Whilst these kinds of claims are expensive to investigate, legal aid is still available for those who are eligible. Ensure that you seek a firm that has been granted a Legal Services Commission Clinical Negligence Franchise, and where possible use solicitors with AvMA (Action against Medical Accidents) membership, as this is a solid indication of a firm’s expertise and knowledge in clinical negligence/brain injury cases. These claims can take a long time to investigate and can be emotionally difficult, so make sure you find a solicitor with whom you are comfortable and can trust.
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