Cerebral Palsy is a group of non-progressive neurological disorders caused by an injury to the part of the brain that controls posture and muscle movement. Onset can occur while a baby is still in the womb, during delivery, or during the first two years of life. Parents of children with Cerebral Palsy tend to notice that their children do not progress at the same pace as their peers and won’t roll over, crawl, or walk until much later – if at all.

Although the condition is always serious, the severity of symptoms can vary. Hallmark symptoms include:

There are 4 types of Cerebral Palsy:

The lifelong impact of these disabilities makes Cerebral Palsy malpractice claims some of the largest in this field due to the costs of future care for the child. There is no current cure for Cerebral Palsy. However, quality of life can be improved with the assistance of specialised treatment and equipment, therapy, and sometimes surgery.

It is important to note that not all cases of Cerebral Palsy are due to medical malpractice. However, medical professionals have a responsibility to identify babies that are at a higher risk of developing cerebral palsy and carefully monitor these pregnancies and deliveries. In some cases, Cerebral Palsy is unavoidable due to congenital malformation of the brain. This can happen as a result of infections, the age of the mother (-20, 40+), premature delivery, or another factor that interferes with brain development.

Medical negligence can occur when these risks are not properly monitored. For example, mature mothers should be offered antenatal checks on a more frequent basis to ensure normal development of the baby.

In instances where cerebral palsy is a result of medical negligence, there are a number of actions that can lead to this devastating consequence for parents. These include:

During a traumatic birth, doctors are sometimes forced to use certain methods to ensure safe delivery of the child. This often involves the use of forceps of vacuum suction to help the child move through the birth canal and avoid distress or fetal asphyxia. However the Catch-22 in this instance is that improper use of these methods, such applying excessive pressure to the brain, can cause severe complication such as brain damage, skull fractures, and Cerebral Palsy.

In order to file a claim for medical negligence, you must prove that:

A test developed by the Supreme Court and the National Maternity Hospital has outlined the requirements that must be met to indicate that medical professionals failed to provide an acceptable standard of care to the mother and child. You will be entitled to compensation if you can provide expert evidence to satisfy the court that there has been a breach of care by your medical team that resulted in this diagnosis.

We will collect evidence including medical records and expert medical opinion to prove your case. If you would like to discuss whether you may be entitled to compensation, speak with our specialist Cerebral Palsy medical negligence solicitors for an expert assessment of your claim. You can be assured that your case will be handled with care and empathy from the moment you first contact us and we will provide you with honest feedback on the merits of your claim.