Cerebral palsy claims

Cerebral palsy is a global name given to children and adults that have suffered some form of brain damage. This can manifest itself in many different types of disabilities from impaired muscle co-ordination (spastic paralysis) and can encompass mild to severe form. If you believe your child has cerebral palsy as a result of negligent treatment by doctors or midwives then the case should be investigated by properly qualified and experienced solicitors who know and understand the complex needs of someone diagnosed with cerebral palsy.

There are several different types of cerebral palsy including spastic hemiplegia, spastic diplegia, spastic quadriplegia, ataxia, athetoid, dyskinetic or hypotonic. There are many different causes of cerebral palsy, some babies are deprived of oxygen during labour and delivery however, less than one tenth of cerebral palsy cases can be caused by oxygen deprivation during birth. Other possible causes are periventricular leukomalacia, abnormal development of the brain, inter cranial haemorrhage.

Sometimes the signs and symptoms of cerebral palsy are hard to discover early on, a child does not achieve their developmental milestones, crawls in an unusual way, has abnormal muscle tone, may have difficulty feeding and sucking, has bladder control problems, eyesight problems, hearing problems but these can be due to a number of factors. Therefore, it can be many years before a formal diagnosis is made and it is important to bear in mind that claims can be brought up until the 21st birthday of the injured party if they have mental capacity. If they do not attain mental capacity there is no limitation to investigating and bringing a claim on their behalf.

At Davies and Partners Solicitors we understand the real difficulty in obtaining appropriate treatment if your child or relative is diagnosed with cerebral palsy and there are a range of therapies that they could benefit from that are sometimes not permitted due to financial reasons by the local Trust. It is important that a care plan is drawn up which addresses the needs of the child/children and the family.

In order to succeed with a claim we will have to show through independent expert evidence that mistakes were made that could have been avoided and that cerebral palsy was caused or significantly contributed to by those mistakes. As there are only a small percentage of cases where cerebral palsy was caused due to the mismanagement of birth or post natal care, it is important that your case receives the expertise to be able to analyse this complex area of law. Importantly, Davies and Partners have a Legal Aid Franchise and are able to represent families with the benefit of Legal Aid subject to eligibility. If Legal Aid is not available then you would be able to pursue a claim on a no win no fee basis provided there are sufficient prospects of success. If you are concerned then please do contact us and we will be happy to discuss any aspects of cerebral palsy with you.

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