CEREBRAL PALSY - MEDICAL NEGLIGENCE

Anyone who has a child, a sibling or a loved one who is afflicted with cerebral palsy will know how painful it is to watch him or her attempt to cope with the disability in order to have as near normal life as possible. The damage to the brain wrought by cerebral palsy is often so severe as to hinder the physical and mental development of its victim. Whilst some sufferers of cerebral palsy do manage to achieve a semblance of normal life, with the aid of medications and physical therapy and other means of treating the physical problems brought about by the disorder, some victims are not as fortunate. The condition in some victims is so severe and characterised by learning disabilities and mental retardation that it is simply impossible for them to live without a dedicated carer.

In most cases no one knows exactly what causes cerebral palsy, regardless of its form. Researchers are in agreement that congenital cerebral palsy could be the result of a genetic disorder or of an infection contracted by the mother during her pregnancy and premature birth is also identified by experts as another cause of cerebral palsy.

Whilst many cases of cerebral palsy can be identified with congenital factors, there is no doubt that there is a body of cases wherein the disorder is the result of clinical negligence and failure to handle the afflicted infant properly before, during or immediately after birth.

The time limit posed by law for issuing such a claim for compensation in a court of law is three years after diagnosis of the condition however in the case of a minor the three year countdown only starts when the victim reaches 18 years of age, expiring on the eve of the 21st birthday and for victims who are mentally incapacitated by the condition there is usually no limit on the date that proceedings can be commenced.

Whilst most cerebral palsy cases issued in a court of law involve infant victims, it is very much possible for older mentally disabled sufferers to take legal action for compensation. It is not unusual for claims to be settled for those aged 30 and over, the only limiting factor being the availability of full medical records.

Legal aid is usually available to investigate and pursue a potential medical negligence claim with no parental contribution. Legal aid is inevitably granted to infant victims as the Legal Services Commission which assesses claims for public funding of court cases only takes into account the assets and income of the child and does not consider the parents financial position. Similarly most adult claimants who are mentally disabled will qualify for legal aid with a nil contribution.

This website is for information only and does not contain medical or legal advice which should only be obtained from a qualified professional person. This website does not recommend any individual medical or legal professionals and does not refer matters on to any medical or legal professionals. None of the information here is intended as an endorsement for any person, association or firm.