A Cerebral Palsy claim may arise for various reasons where there are complications during pregnancy, labour or delivery. It may also occur due to insufficient monitoring during labour or delivery.
What Do I Need To Prove To Bring A Claim?
It is necessary to show that the medical treatment that you or your child received fell below a reasonable standard and this will require evidence from independent medical experts who have not been in any way involved with the care you have received. If it can be established that the condition of cerebral palsy has arisen due to clinical negligence, it is possible to bring a claim for substantial damages due to the significant and life altering consequences that the injured person will suffer throughout their lifetime.
What Damages Can Be Claimed?
If a successful claim can be made, it is essential that compensation is obtained to support a child’s ongoing needs over their lifetime. Expert evidence will be necessary to prove and properly calculate these substantial losses, but claims are often made for loss of earnings, accommodation, care, occupational therapy, physiotherapy and educational needs. There are many other losses that can be claimed in addition.
How Are The Damages Paid?
Some of the damages recovered will be paid by way of a lump sum but others, particularly for care, will be paid by way of a Periodical Payments Order (PPO) each year. A Periodical Payments Order means that it is not possible to run out of funds.
How Long Do I have To Bring A Claim?
This depends on the circumstances of the claim. If a claim has not been brought by the parents on behalf of a child under 18, proceedings must be commenced by the time of a person’s 21st birthday. This time limit does not apply, however, if a person does not have mental capacity. There is then no time limit within which to bring the claim. It is important to speak to a Solicitor early on so that any claim is properly commenced within the time limit.
Next Steps...
The experts in our Clinical Negligence team have extensive experience in bringing these challenging cases and securing appropriate compensation on behalf of clients. To discuss a potential claim, please contact us by telephone on 01283 214231 or via email at legal@timms-law.com.
