Cerebral Palsy Cases
Making a cerebral palsy claim
A Cerebral Palsy medical negligence claim can be very difficult and complex. Most actions are strongly contested, and it essential that experienced counsel and appropriate expert witnesses are engaged by the solicitor to ensure that a fair compensation settlement is achieved.
What is cerebral palsy?
Cerebral palsy is a term used to describe a group of long-lasting conditions which affect body movement and muscle co-ordination. The disease is caused by damage to one or more parts of the brain.
The damage usually occurs in four different ways:
- During development of the foetus.
- Shortly after birth.
- During birth.
- During infancy
Up until recently, there was a widespread belief that all cases of cerebral palsy were as a result of complications during birth. But recent medical research has changed that view.
It is now estimated that only about one in ten cases of cerebral palsy are directly linked to damage during birth. It is also believed that most cases are caused by a congenital malformation of the brain - this occurs while the foetus is growing in the womb.
Tragically for some, the true cause of cerebral palsy in a child is never fully known.
Diagnosis takes time. Doctors have to wait to see specific movement problems developing, therefore a diagnosis is usually not made until the child is approx 18 months of age.
Actions that can result in brain damage
There are many ways in which the possibly negligent actions of a medical professional can result in brain damage.
Examples of negligence include, but are not limited to, the following:
- A doctor may fail to order specific tests during pregnancy, or not interpret the results of tests properly.
- A doctor may fail to identify that an unborn baby is in distress from a CTG scan.
- A doctor may fail to perform a Caesarean section, or delay doing a section, when there is obvious evidence that the unborn baby is in distress during labour.
- A doctor may use vacuum extraction excessively during birth.
- A doctor may not deliver a baby for over 24 hours after its mother's membranes have been ruptured.
- The paediatrician may be absent during the baby's birth, when medical problems should have been foreseen.
If you believe that you may have a legal claim relating to cerebral palsy, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form
What should I consider when considering taking a cerebral palsy action?
Birth injury cases are extremely complex, and can place a huge emotional strain on parents, who take the case on behalf of their child.
When did the injury occur?
Parents must take into account how long ago the incident occurred, because there are now rules limiting the time in which the case can be pursued. In a personal injury action for negligence, a case must be taken within two years of the injury, or within two years of date of knowledge of the injury.
In a claim involving allegations of negligence arising from birth, the date that the cause of action began is the child's birth date. However, if the injured party is a child, the two-year limitation period does not begin to run until the child turns 18 years of age.
The best advice, in general, is that all persons taking a claim for injury should begin proceedings as early as it is possible to do so. Delays may result in loss of entitlement to pursue otherwise valid claims as a result of the potential action becoming time barred.
Measuring Damages
The Malcomson Law legal team believe that it is essential that awards for damages should reflect that a brain-damaged individual will require long-term care.
(a) General Damages
General damages are awarded for pain, suffering and what is known as "loss of amenity". They are designed or intended to compensate for the initial injury suffered together with the ongoing suffering into the future. Damages for loss of amenity are designed to compensate a person for being unable to pursue the quality of life he or she might otherwise have enjoyed or could have expected, if the accident had not occurred.
Irish courts do not award high general damages awards for catastrophic injuries, in comparison with other countries like the United States. The highest general damages awards are paltry, in comparison to the awards delivered in the US.
In effect, in Ireland, there is a ceiling attached to the amount awarded in general damages, so they do not truly reflect the extent of the injuries suffered in cerebral palsy cases. However, the awards for damages in cerebral palsy cases in Ireland tend to be quite high, compared to general damages for other types of injuries.
(b) Special damages
The size of awards for cerebral palsy cases can vary greatly. This is due to the size of special damages, which are awarded according to the personal circumstances of the injured person, and to the level of responsibility for what occurred.
It is important to remember that each and every cerebral palsy claim is decided on its own individual facts. A person with mild cerebral palsy may require minimal care, while another person with severe cerebral palsy may require 24-hour care. The personal circumstances determine the amount of monies awarded, once liability has been established.
How are special damages assessed?
Assessments for special damages are made according to the following areas of loss:
- The cost of past and future health care and health assistance.
- The cost of future therapies that will be required.
- The architectural changes required for the person's accommodation.
- The cost associated with travelling, or the cost of adapted transport requirements.
- The loss of past and future earnings.
- The cost of providing court protection and future financial advice associated with the maintenance of the value of awards.
- Out of pocket expenses.
- Independent experts are required to individually assess each person in their home, to assess their level of needs. They make recommendations for appropriate needs and budgets.
Making a claim
For further information, please contact Malcomson Law by calling 01 8744422 or by filling out our Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in medical negligence.
When you consult Malcomson Law, we will give you free advice on Medical Negligence law. We will help you find out whether you have a good case, how to go about making a claim, and the potential value of your claim. This free consultation does not put you under an obligation. If after talking to us you decide not to take matters further, you won't be charged for the initial advice.
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