Having a child with cerebral palsy is a huge challenge for any parent. What makes it worse is the very common feeling that the damage to their brain might have been avoided and may call for the services of a Cerebral Palsy lawyer.
Cerebral palsy (CP) is caused by an abnormal development of the brain. Very commonly this abnormality affects the movement of the body. There are many different types of cerebral palsy, and no two cases are ever exactly the same. Symptoms can range from being relatively mild to being very severe and life limiting. The most common causes are either an infection or trauma during pregnancy, a premature birth, genetics or a very difficult birth. Clearly some of these causes can’t be helped.
If a child is born with a genetic abnormality of the brain then there is nothing anyone can do about it. If on the other hand, the child developing the condition could have been avoided but wasn’t due to medical negligence, then parents may be entitled to make a compensation claim through a Cerebral Palsy lawyer.
Medical negligence claims are very complicated. Proving who is at fault for an illness or symptom is often nearly impossible. Of all medical negligence claims, cerebral palsy claims are perhaps the most complex. Before embarking on legal proceedings it is important that you realize it won’t be straightforward.
If CP is caused during childbirth it is almost always due to a lack of oxygen to the brain (hypoxic injury). This lack of oxygen can be caused by any number of factors, some of which can be monitored and avoided by medical staff if they take the right steps in time. In order for a compensation claim to be successful you need to prove the cause of the hypoxic injury, as well as the ways that the medical staff was negligent. This is often a very difficult task. visit their official website for more detailed information.
If you are considering making a claim then you need to be represented well. Having a general, non-specialized solicitor represent you will almost certainly lead to your claim being turned down. In order to stand any chance of finding the truth you need to use a specialist Cerebral Palsy lawyer who ideally has extensive experience in dealing with cerebral palsy compensation claims.
Normally, liability will be disputed and court proceedings will have to be commenced. In order to save costs it is likely that the court will then order a split trial, with quantum only being dealt with if the claimant wins a trial on liability. Before any trial various stages are passed through to try to reduce the issues between the opposing medical experts but ultimately it may be necessary for them to give oral evidence at a trial and for a judge to apply the aforementioned tests of medical negligence and causation, and decide whether or not the claimant has proved his or her case. Need more details? visit http://masslawyersweekly.com/2016/11/23/baby-born-with-cerebral-palsy-after-emergency-c-section/
The financial and emotional cost of having a child with cerebral palsy is always so much higher than you might think. If the condition could have been avoided by medical staff then this simply adds to the anguish. If you feel that you have a strong case for a cerebral palsy compensation claim then you should seek specialist legal advice from a Cerebral Palsy lawyer as soon as possible.