Cerebral palsy is a condition triggered by injury to the developing brain, usually before, during or shortly after birth. It affects muscle control and coordination. Symptoms can include floppy or rigid limbs, involuntary movements, problems with balance and coordination, and impaired oral motor functioning. Many children with cerebral palsy also have related conditions such as intellectual disabilities, seizures, vision or hearing loss, and learning disabilities.
While the causes of cerebral palsy are not always clear, in some cases, it may be due to medical negligence during pregnancy, labour or delivery, or lack of oxygen during birth. If negligence occurred, the affected child and family may be eligible to pursue a medical negligence claim and receive compensation. This guide covers some key points on how to know if pursuing a cerebral palsy claim may be worthwhile for your situation.
Obvious Errors or Omissions in Care
One of the clearest indicators that pursuing a claim could be valid is if there were obvious, major errors or omissions in the medical care provided during pregnancy, labour, delivery or immediately after birth. Some examples include:
- Failure to notice or respond to signs of foetal distress.
- Avoidable delays in delivering via caesarean section when clearly required.
- Failure to resuscitate the baby promptly after birth.
- Inappropriate use of delivery devices like forceps or vacuums.
If medical records indicate that major errors clearly occurred in your care that likely impacted the baby’s health, it warrants exploring a claim further.
Substandard Care
Even if a single major error is not evident, you may still have grounds for a claim if the overall standard of care you received falls below what should be reasonably expected. Some indicators of sub-standard care could include:
- Failure to adequately monitor and interpret foetal heart rate during labour.
- Not following clinical guidelines on induction or augmentation of labour.
- Inadequate assessment of risk factors for foetal distress.
- Poor communication between staff about emerging complications.
- Midwife or doctor not available promptly when concerns arose.
While each individual issue may seem minor, together, they could indicate systemic problems and sub-standard care. The solicitor can help assess if the overall care constituted negligence.
Unexplained Cerebral Palsy
In some cerebral palsy cases, obvious errors did not occur, yet it remains unclear what caused the brain damage. Unexplained cerebral palsy, despite a seemingly low-risk pregnancy and delivery, can potentially point to negligence, too.
Some scenarios that could warrant claiming include:
- No documented cause was found after extensive medical investigation.
- A cause was identified, but it remains unclear why it was not prevented or managed better.
- No major problems were evident, yet the baby experienced oxygen deprivation at birth.
An unexplained injury may indicate oversight or mismanagement of risks or warning signs.
Seeking Accountability
For families dealing with the challenges of raising a child with cerebral palsy, pursuing a claim is often not just about compensation but also accountability. Families deserve to understand what went wrong and whether it could have been prevented with better care.
Even if monetary compensation is not ultimately awarded, going through the claims process can help uncover the truth about what happened and whether negligence contributed. The information gained can provide closure and reassurance that all factors have been thoroughly examined.
If seeking accountability is important to your family, it is advisable to contact an experienced solicitor, such as the ones here https://www.paduffy-solicitors.com/medical-negligence/cerebral-palsy-claims/, as soon as possible after suspecting negligence. The solicitor can advise if grounds for a claim exist and begin gathering evidence to build a strong case.
Timing Considerations
An important factor in determining whether to pursue a claim is considering the timing and statute of limitations. In the UK, medical negligence claims involving children must be initiated before the child turns 18 years old. Parents or guardians must file the lawsuit on the child’s behalf.
It is advisable not to delay consulting a solicitor as soon as negligence is suspected, even if the child is still very young. This allows time to gather all relevant medical records and build the strongest possible case. It also accounts for the inevitable delays and complexity of the claims process.
Early Expert Evaluation
Pursuing a cerebral palsy claim requires obtaining an early expert opinion from an experienced medical negligence solicitor and doctors who can evaluate the care provided.
The solicitor helps identify if breaches in the duty of care occurred and whether causation can be established between negligence and injury. Expert obstetricians, neonatologists, or paediatric neurologists can provide reports assessing if substandard care caused or contributed to the brain damage.
Thorough expert analysis is crucial for determining if proceeding with a claim is reasonable and likely to succeed.
Financial and Emotional Costs
While successful claims can receive substantial compensation, families must prepare for a difficult process that can last years. There are often significant legal costs involved, which families may need to fund upfront, as well as the emotional toll of revisiting traumatic memories.
Realistic expectations are important when deciding to embark on a lengthy legal process that will be frustrating at times. Some awards may also be lower than anticipated. A clear-eyed evaluation of the potential financial costs and emotional impact is wise.
Strength of Evidence
Objectively evaluating the strength of evidence available is key when deciding on a claim. Strong medical records documenting clear errors or omissions make a robust case. However, limited or conflicting records make claims harder to prove and win.
Solicitors can provide an unbiased assessment of the evidence. While a settlement may still be possible, families should understand their prospects before committing time and money to a complex claim. Managing expectations upfront prevents later disappointment.
Pursuing compensation for a child who has suffered brain damage is often a worthwhile but difficult process. Taking the time to carefully evaluate the circumstances, timing, expert opinion, and available evidence allows informed decisions about whether to embark on a cerebral palsy claim. With realistic expectations about the costs and challenges involved, families can determine if seeking accountability through legal action is the right choice for their situation.
