Cerebral palsy claims* for compensation are for medical negligence causing your child to develop cerebral palsy. You make the medical negligence claim for the impact of cerebral palsy on your child and on you.

Every medical professional owes you a duty of care when they are treating you. If they breach that duty of care, causing an injury, it could be medical negligence. When the medical professional causes cerebral palsy in your child, you may have a cerebral palsy medical negligence claim.

Cerebral palsy will impact a child for life. They may have mobility issues, intellectual disability, developmental delays and have problems with education. If you or your child suffers during birth, you may have a birth negligence compensation claim.

O’Brien & Company Solicitors has an experienced team in place to handle your cerebral palsy medical negligence compensation claim.

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What is a cerebral palsy negligence claim*?

A cerebral palsy claim* is a legal process you take to get compensation for the birth injury. You make the compensation claim on behalf of your child to ensure they get the care they need now and for life.

In Ireland, every year about 150 babies are diagnosed with Cerebral Palsy. Over 12,500 people in Ireland are living with Cerebral Palsy, and it is the most common cause of lifelong disability in the country. There are more than 9,500 diagnosed adults with Cerebral Palsy and 3,000 children with the condition in Ireland. 

Research over the years says that as many as 90% of people with Cerebral Palsy are not receiving adequate care. An insult to injury for those suffering from Cerebral Palsy from birth. 

You make a Cerebral palsy claim* for the medical negligence leading to the diagnosis of Cerebral Palsy. You or your child may be living with the condition, but it will have been caused by medical negligence. Your child may have recently been diagnosed with Cerebral Palsy, and you may need all the help you can get to be able to support and care for them.

O’Brien & Company medical negligence solicitors can make your Cerebral Palsy compensation claim.

Cerebral Palsy

Cerebral Palsy is a group of non-progressive neurological disorders caused by an injury to the brain. The injury to the baby’s brain can happen before, during or after birth and may be the result of medical negligence.

Onset can occur at any stage of the baby’s development 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 other babies, and they cannot roll over, crawl, or walk until much later, and may not be able to at any stage.

Symptoms of Cerebral Palsy can be:

  • Impaired movements

  • Limb spasticity

  • Lack of muscle coordination and balance

  • Involuntary movements

  • Difficulty maintaining posture

  • Learning disabilities

  • Gastro-oesophageal reflux disease (GORD)

  • Vision and hearing difficulties

The severity of the symptoms can vary, and not every baby will have all of the symptoms of Cerebral Palsy.

Medical professionals diagnose four different types of cerebral palsy based on symptoms.

The four types of Cerebral Palsy are:

This is the most common type of cerebral palsy, affecting about 80% of those diagnosed. Muscle tone is typically higher in individuals with Spastic Cerebral Palsy; their muscles are tight, and their movements can be difficult as a result. The life expectancy of the child is often shortened due to significant cognitive difficulties and learning challenges.

 Only about 10% of patients with Cerebral Palsy have the Athetoid variation, which is far less common than Spastic Cerebral Palsy. This is caused by damage to the cerebellum, which affects balance and coordination. Muscles can be rigid or floppy, and newborns with this condition often have feeding difficulties.

 Ataxic is the third kind of Cerebral Palsy and is probably the least common. It also occurs when the cerebellum is damaged, resulting in coordination and balance problems. Symptoms are more subtle overall, but still have a significant impact on quality of life. Children diagnosed with this form of the condition may experience issues with balance, unsteady limbs, and difficulties with speech.

 The last category of Cerebral Palsy is the Mixed Type. It occurs when multiple areas of the brain are damaged, resulting in a range of symptoms. Just one limb, one side of the body, or all four limbs might be affected by Mixed Cerebral Palsy.

There is currently no cure for Cerebral Palsy; however, the baby’s quality of life can be improved with the assistance of specialised treatment, equipment, therapy, and sometimes surgery.

O’Brien & Company Solicitors will help make the Cerebral palsy claim* for medical negligence compensation to help improve the quality of the baby’s life.

Common claims for Cerebral Palsy negligence

Common claims for Cerebral Palsy range from the baby with Cerebral Palsy due to medical negligence before birth to the young adult living with undiagnosed Cerebral Palsy.

You make the claim for cerebral palsy for the effects on your life of the medical negligence today and in the future.

Some of the common claims for Cerebral Palsy in Ireland:

  • Claims for Cerebral Palsy contracted in the womb claim

  • Claims for Cerebral Palsy contracted during the birth claim

  • Claims for Cerebral Palsy contracted after birth claim

  • Cerebral Palsy diagnosis claims claim

  • Cerebral Palsy due to poor medical care claim

Claims for Cerebral Palsy contracted in the womb claim

Claims for Cerebral Palsy contracted in the womb are for the medical negligence in the care of the pregnant mother and the unborn baby. The obstetrics team caring for the mother and baby should care for the two and keep them safe from the causes of Cerebral Palsy.

Cerebral Palsy can happen to a baby in the womb when it contracts an infection such as Rubella, chickenpox, and toxoplasmosis, also known as blood poisoning.

Cerebral Palsy can happen too when there is a reduced oxygen supply or a reduced blood supply to the baby in the womb.

If the Cerebral Palsy in the baby is due to medical negligence, you may have a compensation claim.

Claims for Cerebral Palsy contracted during the birth claim

Claims for Cerebral Palsy contracted during the birth are for the medical negligence during the birth of your baby that damaged their brain and could even have put the baby’s life in danger.

Types of birthing errors leading to Cerebral Palsy:

  • Reduced oxygen supply to the baby during birth

  • Physical damage to the baby’s brain during birth

  • Infection contracted by the baby during birth

You may make a cerebral palsy compensation claim for the medical negligence during birth.

Claims for Cerebral Palsy contracted after birth claim

Claims for Cerebral Palsy contracted after the birth of a baby can be very upsetting for the family, as the condition could have been prevented if it were not for the medical negligence by the obstetric team.

The team delivering your baby could fail to diagnose and treat an infection in the newborn baby, which leads to a case of Cerebral Palsy.

Your baby may suffer a serious head injury due to being dropped or the incorrect use of birthing tools during birth.

The family can make a Cerebral palsy claim* on behalf of the baby for the impact of the condition on their life.

Cerebral Palsy diagnosis claims claim

Cerebral Palsy diagnosis claims are for the effects of the errors when diagnosing the case of Cerebral Palsy in the newborn baby or at any stage in the life of the child. A prompt and correct diagnosis is invaluable in treating any case of Cerebral Palsy.

Types of claims for Cerebral Palsy diagnosis negligence:

  • A missed diagnosis of Cerebral Palsy

  • A late diagnosis of Cerebral Palsy

  • A misdiagnosis of Cerebral Palsy

A medical negligence claim for Cerebral Palsy diagnosis errors can get compensation for the impact on your life.

Are You Eligible For Compensation?

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Cerebral Palsy due to poor medical care claims claim

Cerebral Palsy due to poor medical care claims can get compensation for the medical negligence in your treatment and that of your baby.

You could suffer medical negligence when the Obstetrician does not schedule a Caesarean Section when there are signs that you could have a difficult birth.

It could be medical negligence if the team caring for you does not spot the signs of a premature birth, which increases the risk of Cerebral Palsy.

Any warning signs of Cerebral Palsy must be identified and care taken before, during, and after birth to avoid the risk of the child developing the condition.

O’Brien & Company Solicitors can work with the family of the child with Cerebral Palsy to make a medical negligence compensation claim for the effects of the condition on the life of all involved.

Compensation For A Cerebral Palsy Negligence

Compensation for Cerebral Palsy negligence in Ireland could see you receiving money to cover the costs and losses of the impact of the condition on the baby and on you.

You may also receive compensation for the pain and other effects on your life due to the medical negligence by the delivery team, the Obstetrics team or any other medical professional involved in your care when pregnant.

When a medical professional breaches their duty of care to you, it could be a claim for medical negligence. They may have put the life of your baby in danger and caused unnecessary suffering. In cases of Cerebral Palsy, the effects could last for life, such as living with a disability or the need for full-time care due to the medical negligence.

The compensation on offer differs from claim to claim. Your child could be incapacitated for life due to medical negligence, or you may not be able to work for a time and lose income to the home when caring for the person with Cerebral Palsy.

There is not one fixed amount of compensation for a Cerebral palsy claim*, and you seek compensation for all losses, known as damages, in a medical negligence claim.

In Ireland, a compensation claim for medical negligence is a combination of two types of damages.

Damages in a Cerebral Palsy compensation claim

The two types of damages in a Cerebral palsy claim* cover the immediate effects on the life of the baby and the impact on their future life due to developing Cerebral Palsy after medical negligence.

You may claim damages on behalf of the child for the pain and suffering. A claim can be made for the damages resulting from the loss of income to the home when one or both parents are unable to work. The damages can also cover the need to make adaptations to the home and car, as well as any other changes to your life.

The damages in a compensation claim for Cerebral Palsy medical negligence in Ireland are:

General damages in a Cerebral Palsy claim* are compensation for the Loss of Amenity in the life of the child. The loss of amenity can result from the effects of Cerebral Palsy, such as on the ability to walk, attend school and take part in the usual childhood activities.

A loss of amenity can be seen in difficulty walking, exercising, or getting to school. 

You can also claim for the Pain and Suffering experienced due to a breach of the duty of care to you by the medical professional treating you and the child when pregnant or when the baby is born.

The special damages in a Cerebral Palsy claim* cover the extra costs in your life due to your child developing Cerebral Palsy. 

Special damages in the Cerebral Palsy compensation claim are:

  • Medical costs
  • Loss of earnings
  • Travel costs 
  • Cost of care
  • Further treatment costs
  • Cost of aids and equipment 

A medical negligence claim in Ireland seeks compensation for the two damages due to a medical professional’s breach of duty of care before, during and after the birth.

O’Brien & Company Solicitors will be there with you when making a Cerebral Palsy compensation claim.

Who can be at fault for Cerebral Palsy negligence?

The medical professional involved before, during and after the birth may be at fault for the Cerebral Palsy negligence.

Every medical professional involved in the birth owes a duty of care to both the mother and the baby. If they breach that duty of care by not treating an infection in the pregnant mother or harming the baby after the birth, it could be medical negligence.

Medical negligence leading to harming a baby before, during and after birth should never happen. There are protocols in place in Irish hospitals to prevent the obstetrics team from causing harm, which can lead to Cerebral Palsy. The HSE and hospital authorities implement procedures for safe births, and all medical professionals are expected to follow them.

Medical professionals at fault for Cerebral Palsy:

  • The delivery team in the delivery suite

  • The Obstetrician treating the pregnant mother

  • The team in the delivery ward that monitors the newborn baby

  • The doctor caring for the baby who misses the diagnosis of Cerebral Palsy

  • The HSE hospital is responsible for implementing delivery protocols

If you or your baby suffers medical negligence leading to Cerebral Palsy, you both will suffer the effects for life, and you can claim compensation from those responsible.

O’Brien & Company Solicitors can handle your Cerebral Palsy compensation claim.

Need Advice? Speak With An Expert.

If you are a victim of medical negligence, obtaining the advice of a professional and experienced solicitor is in your best interests.

Make a Cerebral Palsy compensation Claim today

Make a Cerebral Palsy compensation claim today by contacting O’Brien & Company Solicitors in Dublin.

We have experience in medical negligence and can fight your birth negligence claim until you get the compensation you deserve.

Your baby is the one who suffered physical injury, a reduced oxygen supply or the effects of a missed infection in the mother. O’Brien & Company Solicitors have the team in place to make the compensation claim and will be with you at every step of the claims process.

Contact O’Brien & Company medical negligence solicitors to make your Cerebral Palsy compensation claim today.

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