Cerebral Palsy is a long-lasting disorder that affects muscle tone movement, and motor skills. Motor skills are the ability to move in a coordinated and purposeful way. There is no cure for cerebral palsy but treatment, therapy, special equipment and for some cases, surgery can help with children who are living with the condition. Cerebral Palsy will not normally be diagnosed until the child has reached the age of two or three years.
In terms of the Statute of Limitation, which is the time limit to take a claim on behalf of your child, you can take a claim up until your child reaches their 18th birthday.
It is worth mentioning that not all cases are due to the negligent management of a mother’s pregnancy, delivery or care given to the baby by heath professionals. However, in some cases, Cerebral Palsy is caused by medical negligence on the part of the medical practitioners involved in your pregnancy, labour and delivery or the baby’s immediate post-natal that can cause cerebral palsy.
These can include;
- Delay in delivery causing deprivation of oxygen
- Failure to diagnose and treat jaundice which can result in hyperbillirubinemia (Increased levels of billirubin in the blood) and kernicterus (this is a complication of neonatal jaundice, leading to brain damage that can cause death or long-term effects including CP and hearing loss);
- Delay in diagnosing and treating meningitis
- Failure to diagnose and treat low blood sugar (hypoglycaemia)
- Failure to monitor the baby’s heartbeat.
To bring a claim for Cerebral Palsy medical negligence, it is necessary to show that the standard of care you received fell below that of a competent physician of the same level and that the negligence caused injury to your child. Your solicitor will request your medical records and have them independently assessed by a medical expert in the same field.
If you have been affected by cerebral palsy as a result of medical negligence, contact one of our Solicitors to see what options are available to you.