Professional, compassionate legal advice for Cerebral Palsy claims
Cerebral Palsy is a lifelong condition that affects different senses and motor skills of the body. Cerebral Palsy requires special care and if it was caused by the failings of a medical professional, you could have grounds for a medical negligence claim.
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What is Cerebral Palsy?
Cerebral Palsy is a non-progressive condition, the symptoms of which can vary depending on the type. The symptoms can include impairment or loss of movement, sensory abnormalities, and vision, hearing or speech problems. If you have Cerebral Palsy you may also suffer from learning difficulties, epilepsy or behavioural problems.
It typically requires specialist, lifelong care and rehabilitation which can come with a significant cost, hence many of those affected will pursue a legal claim if they believe that the condition was a result of negligent medical care.
What causes Cerebral Palsy?
There are numerous causes which could occur before or after birth. For example, your baby’s brain may be damaged from reasons such as the baby having a stroke or bleeding of the brain. Bleeding of the brain can stem from a forceps or vacuum delivery, or a haemorrhage disease. Asphyxiation may also occur wherein the brain does not receive enough oxygen. It can also stem from an infection from the mother. This is not an exhaustive list however and it can be caused by the negligence of a medical professional.
How can Medical Negligence cause Cerebral Palsy?
There are a number of ways this can happen, including but not limited to:
- A caesarean is not carried out on time, causing head trauma.
- The professional uses excessive pressure on the baby’s head during birth
- Failure to properly monitor heartbeat
These situations could all be potentially avoided and would fall under the responsibility of medical staff.
When can I make a Medical Negligence claim?
In most cases, claims need to be made within three years from when you either suffered negligent care, or three years from when you first discovered your injury. However, this time restriction can vary depending on the circumstances of your case. For example, when making a claim for a child, the three year time restriction begins after the child turn 18 years old. Likewise, someone who lacks mental capacity and cannot make a claim on their own may also be exempt from the restriction.
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How are Cerebral Palsy claims funded?
There are various options of funding for claims. Many of our cases are funded using Conditional Fee Agreements, (also called a ‘No Win No Fee’ agreement). In a Conditional Fee Agreement, you will only pay for our solicitors’ work if we win the case for you. In very limited cases we can offer some advice for free thanks to Legal Aid funding. Our solicitors can review and discuss your funding options and help you decide the best route to take.
How can Switalskis help me?
Our team is led by Suzanne Munroe, who specialises in high-severity claims including those for Cerebral Palsy. Along with several of our other solicitors, Suzanne is accredited by the patients’ charity, AvMA, and The Law Society. We are also recognised as being among the top Clinical Negligence teams in England by the Legal 500 UK, the foremost legal guide for clients.
Our medical negligence investigation will include a thorough examination of the medical records and other evidence in conjunction with medical experts, to establish what happened in your case. In order to prove medical negligence, it is necessary to exclude all possible causes for the Cerebral Palsy other than negligent medical care. It is a complex and meticulous process, and our specialist solicitors will explain every step of the way what is happening and what might happen next.