SPASTIC CEREBRAL PALSY

This is a neurological disorder that is characterized by difficulty of movement and is one of four different types known as spastic, athetoid, ataxic and mixed cerebral palsy. The majority of infants diagnosed with this condition have spastic cerebral palsy which causes stiffness in the victim’s muscles resulting in difficulties coordinating movement. In some instances this condition can be controlled to some degree by drugs, mechanical equipment and physical therapy.

Spastic cerebral palsy is further classified based on the number of limbs affected by the disorder :-

• Quadriplegia – all four limbs are affected.
• Triplegia – three limbs are affected.
• Diplegia – two limbs are affected.
• Monoplegia – one limb is affected.
• Hemiplegia - one side of the body is affected.

Diagnosis of spastic cerebral palsy is a lengthy process mainly due to several other conditions that mimic this condition and the fact that healthcare professionals are reluctant to give a diagnosis of this devastating condition if there is any possibility that they may be mistaken. Medical experts have to first eliminate all other possible explanations for the symptoms before finally indicating a positive diagnosis.

If you suspect that your child’s spastic cerebral palsy may be the result of medical negligence then you should consider taking legal advice and applying for legal aid to finance a full investigation into the matter. Legal Aid is available in these cases and it is almost always granted to a child with a nil financial contribution from the parents. The Legal Services Commission assesses financial eligibility for all Legal Aid applications and in the case of an application for a child; it is the infant who applies and not the parents. This means that the matter is determined on the income and assets of the child and not on those of the parents. Almost all children will therefore qualify for legal aid even if their parents are wealthy. In addition there is no risk whatsoever to a legally aided claimant as, even if the case is lost, it is unlawful for a costs order to be made against a legally aided claimant.

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