If a member of your family suffers from cerebral palsy and you believe that the condition has been brought about as a result of something done at birth whilst in the care of a hospital then you may be able to make a claim.

What is Cerebral Palsy?

Cerebral palsy results from damage to the brain often as a result of oxygen starvation or infection. It is a permanent condition and arises before, during or after birth.

Whilst around 2 in every 1000 children have cerebral palsy, it is thought that around 10% of those might have been caused because of some error around the time of the birth. In those cases there is the prospect of a claim if that error or negligence can be proved. You have to be able to prove that the standard of care rendered to you or the child fell below the standard expected of the surgeons, doctors or midwives involved and that the condition is as a direct result.

Types of Cerebral Palsy

Spastic cerebral palsy which is the most common form and affects the majority of sufferers around 70%.This increases the muscle tome making muscles stiff and weak

Ataxic cerebral palsy is the least common accounting for around 5-10% of sufferers and leads to impaired speech and shakiness of the limbs.

Athetoid cerebral palsy accounts for figures somewhere between the first two conditions and causes problems with muscle control leading to jerky movements.

Individual characteristics differ with varieties in the symptoms and severity and some sufferers have problems with hearing or vision, epilepsy and learning difficulties among the presenting symptoms.

The Potential Causes of Cerebral Palsy

These are wide ranging and not necessarily as the result of clinical negligence, they can include

• infections whilst pregnant for example rubella
• premature birth
• lack of blood supply or oxygen during birth or
• infections like meningitis in the very young.

Early Signs

Whilst only a small percentage of cerebral palsy cases are caused by negligence, some factors are commonly involved including early signs that the baby was in trouble before or during birth which have been missed or ignored.

In a recent case, it was found that the hospital had failed to spot the distress of one of a pair of twins and negligently delayed his delivery with the result that his brain was deprived of oxygen causing brain damage. In another case decided earlier this year the health care trust admitted negligent management of the mothers labour and birth of the child and an award of over 5 million pounds was made for the injury, and the future care of the child who would never be able to lead an independent life.

Time Limits

Claims can be made at any time up to a child’s 21st birthday and can include compensation for injury, nursing care, alterations made to living accommodation, loss of future earnings and other associated losses. It can be seen that the awards can be significant.

Making a Cerebral Palsy Compensation Claim

In order to pursue a claim, it is necessary to be able to show negligence but these are not easy cases. You should therefore ensure that you have a specialist solicitor acting on your behalf.