CEREBRAL PALSY - LEGAL AID

A child can obtain cerebral palsy Legal Aid without a requirement for the parents to contribute financially. To qualify for free Legal Aid an applicant’s assets and income are considered and it is the child who is considered as the applicant and not the parents. This means that it doesn’t matter if the parents are wealthy or not, the child will still usually qualify for free legal aid.

If a cerebral palsy Legal Aid claim is successful then the compensation money is paid to the child in full and no deductions for legal charges or expenses are claimed by the lawyers who are paid separately by the losing opponents. On the other hand, an unsuccessful compensation claim will not result in any financial liability against the child or the parents as a legally aided claimant is protected by law from the possibility of having legal costs or charges awarded against them .

The main classification of cerebral palsy involves three fairly distinctive types with a fourth category being a mixed combination of the other three :-

1. Spastic Cerebral Palsy
   This affects well over 50% of all patients and symptoms include stiff, tight muscles which cause jerky movements together with difficulties in grasping, holding and releasing objects.
2. Athetoid Cerebral Palsy
   This affects between 10% and 20% of all patients and causes uncontrolled and involuntary movement with co-ordination difficulties often involving the face, midsection and arms.
3. Ataxic Cerebral Palsy
   This is considered to be a relatively rare neurological condition and affects only a small proportion of patients. It is characterized by poor depth perception, poor co-ordination and a defective sense of balance as well as poor muscle tone. The sufferer usually walks with difficulty and has trouble holding small objects.
4. Mixed Cerebral Palsy
   This condition features a combination of the three other types which are outlined above.

In addition there is a further classification of cerebral palsy dependent on which part of the body is principally affected :-

• Monoplegia - affects a single limb usually the arm.
• Diplegia - often affects all four limbs with the legs most severely affected.
• Triplegia - affects three limbs and in most cases both arms and one leg.
• Quadriplegia - affects all four limbs of the patient.
• Hemiplegia - affects just one side of the patient’s body.

Cerebral palsy that has resulted from medical negligence during childbirth is usually caused by one or more of the following factors :-

• Leaving the child in the birth canal too long resulting in oxygen deprivation.
• Inability to observe and treat a seizure.
• Inappropriate use of forceps or vacuum extraction.
• Failing to perform a caesarian section even if all indications are present.
• Failing to properly monitor the mother’s blood pressure or foetal heart rate.
• Failing to recognize and treat toxemia, meningitis or jaundice.

The following may be indicators of medical negligence.

• Emergency delivery, c-section or use of forceps.
• Seizures shortly after birth.
• Resuscitation procedures immediately after birth including oxygen.
• Calling for a specialist.
• Intensive care.
• MRI, CT or brain scan.

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.