Cerebral palsy can occur at any time before, during or after birth and sometimes as a result of medical negligence. We have succeeded in many multi-million pound cerebral palsy claims against the NHS, changing the lives of many of our clients.
We conduct a full and thorough independent investigation to ensure that at the very least you have a better understanding of what may have caused the cerebral palsy and, where possible, win the necessary financial security to maximise the quality of your child’s life. We never guarantee a win in any claim. All claims are very individual. What we can guarantee is that we can find the right evidence to win whenever possible. We have taken over cases from less experienced lawyers and won them where the parents and lawyers had lost hope.
The right compensation from the NHS allows you to concentrate on being your child’s parent rather than full time carer. It’s intended to cover not only past losses and suffering, but also future care and other costs. It will, for example, include more appropriate accommodation, transportation, education, care and case management. This is compensation for the right reasons and we can help you use it in the right way.
If you have questions about the standard of care provided to you and your child and believe that poor care contributed to the cerebral palsy, we can investigate and if appropriate, bring a claim for compensation.
Support for parents of children with Cerebral Palsy
Sometimes the evidence is not there, and even we cannot win every claim that we investigate. However our specialist team can still help you. We offer a range of support and guidance to families who need help with issues relating to disability. We work closely with dedicated specialists including therapists, architects, accountants, charities, financial advisers, and others who can address your concerns and help and support you.
We can provide specialist advice relating to the complex implications of wills and trust planning so that you can try to ensure that your child will be properly provided for when you are no longer able to provide for them.
We realise that you are central to the whole process. You will be fully informed of progress as we guide and support you through the investigation stage and, if you choose to, through a claim.
The process of a Cerebral Palsy claim
You start by instructing solicitors with an established record (that’s us) who specialise in cerebral palsy claims. We often take over cases where other well meaning but non-specialist solicitors have floundered and dragged out an investigation for longer than is necessary. We have also taken over cases where our re-calculation of the award led to a significant increase in the level of compensation finally awarded.
In all cases we offer a free no obligation assessment either of an existing case or one that you would want initiated on your behalf.
What do we have to prove?
In order to recover compensation we must establish:
- That the care provided by the medical team involved was substandard (breach of duty).
- That in the absence of the substandard care the cerebral palsy could have been avoided or reduced in severity (causation).
We have to establish through expert independent analysis that there was a direct causative link between the breach of duty and the type of injury sustained. We have to also rule out other causes for the injury. In order to do this we obtain, with your consent, copies of all obstetric, paediatric and general practitioner records and commission a full independent examination of them.
We will also take a detailed statement from you to compare that statement with the records disclosed prior to instructing independent medical experts to provide opinions as to the care provided and if that care was substandard and causative of injury. If the claim is strong we can negotiate with the proposed Defendants and seek an early interim payment of compensation.
By this stage it is likely that we will have also instructed a specialist Barrister and independent expert witnesses from a range of different specialisms. At this time there will be a significant team of people working on the investigation/claim, all coordinated by us. If it is the case that there is a sustainable allegation then the claim will be communicated to the solicitors instructed by the hospital who have two options. The first is to accept liability and negotiate an award of compensation or secondly to deny liability, in which case Court proceedings would be initiated and set out according to a timetable decided by the Court with a view to eventual trial.
Assessing the level of compensation
The fundamental principle underlying a cerebral palsy claim is the same as any other negligence action which is to put the injured person in the same position as they would been if the negligence had not occurred.
This is obviously impossible in a complex cerebral palsy case, but there is no other way of meeting needs other than through a financial calculation. No amount of compensation will truly right the damage caused by the injury, physically, emotionally and otherwise, but the underlying principle is to reduce the impact of the injury as far as money can. Once the right amount has been won, we can help you get all of the help you need to ease your family life and get you back to being parents.
Getting the right amount involves getting the right experts and assessors to see what is needed, both for your child and for your family, not just now but far off into the future. Many parents worry about the care needed when their child becomes an adult. This is where the right team gets the right amount, and the security is won. This avoids the need to rely on local authority provision which is increasingly under pressure and uncertain.
Cerebral palsy reaches into all corners of a person’s life and therefore every element has to be fully investigated, considered and ultimately addressed.
Our promise to you
Even if we cannot progress beyond an investigation you will at the very least have a better understanding of what, if anything, went wrong as well as the comfort of knowing it was perhaps beyond human intervention. If you do not have the advantage of being able to recover compensation you may at least conclude this process with some peace of mind.
If you can recover compensation then we have the expertise and connections to ensure the correct value is recovered as well as the experience to arrange the care and rehabilitation needed, and also manage the ongoing trust and investments.
If you would like further information please contact us on 023 9238 8021 or click below to send an email.