Cerebral palsy is a lifelong condition caused by early brain injury that predominantly affects a person’s ability to control their muscles and movements.
If mistakes were made in your medical care during pregnancy or childbirth, Slater and Gordon’s specialist solicitors can help you get the compensation you deserve.
Based in Edinburgh, Derek Couper and the team are here to support and help you understand what you need to know, to achieve the best outcome for you and your loved ones.
We are proud partners with Cerebral Palsy Scotland and you can read more about our support, here.
What is cerebral palsy?
Cerebral palsy is an umbrella term defined as an early-onset lifelong neurodevelopmental condition which can cause limitations in movement and speech. Due to the unique nature of each brain injury, each person will experience a unique presentation of cerebral palsy. The symptoms of cerebral palsy are not usually immediately apparent and often become noticeable as the child develops.
Symptoms can include:
- Combination of increased muscle tone – stiffness/spasticity in arms/legs and decreased muscle tone – weakness especially in the trunk and ability to hold head up
- Movements that are effortful, clumsy or random and uncontrollable
- Delayed motor development, such as inability to maintain sitting posture by eight months or not being able to walk by 18 months
- Difficulty in using hands to do fine motor tasks
- Walking on tiptoes
- Difficulties with feeding, swallowing, and communication
- Issues with vision
- Sensory difficulties
- Learning difficulties
The degree to which cerebral palsy impacts a child can vary significantly. While some children only experience symptoms quite mildly, others can be left significantly disabled. Although there is no cure, physiotherapy, occupational therapy and speech and language support can significantly improve the quality of life for people with cerebral palsy.
Can medical negligence cause cerebral palsy?
In some cases, problems occur before, during or after a child’s birth that cannot be prevented, despite the highest standard of medical care. However, if mistakes have been made by medical staff that have contributed to the development of cerebral palsy, you may be entitled to make a cerebral palsy negligence claim.
Some of the mistakes that can lead to problems for your child include:
- Failure to diagnose an infection during pregnancy
- Not monitoring the baby’s heart rate often or closely enough
- Failure to monitor blood sugar levels
- Delays in delivering the baby (also by Caesarean Section)
- Misuse of drugs
- Poor treatment of jaundice
- Complications with the umbilical cord resulting in lack of oxygen to the baby
Am I entitled to make a cerebral palsy claim?
Learning that your child’s condition could have been avoided had medical staff provided the right level of care can be devastating. If medical mistakes have contributed to the development of your child’s cerebral palsy, you may be entitled to make a claim for cerebral palsy compensation.
Doing so can have several benefits. At its core, a cerebral palsy claim can provide you and your family the financial support you need to provide the care your child requires. It can also shed light on the mistakes that were made and help to ensure that they do not happen again.
What can I claim cerebral palsy compensation for?
As well as claiming cerebral palsy compensation for pain and suffering, we’ll also include as part of your claim the cost of any care, treatment, rehabilitation, aids and equipment and any housing adaptations or property that’s required now or will be needed in the future. Additionally, if you’ve suffered any hardship as a result of lost earnings, this can also be recovered.