Cerebral Palsy – Why Litigate?

It is a sad fact of life that cerebral palsy can sometimes occur because of acts or omissions of treatment by clinicians at the time of birth. David Turner, Head of our Medical Negligence team discusses the possible choices faced by those affected.

It is estimated in the UK alone over 400 people are diagnosed with Cerebral Palsy each year with that in mind including family, friends, carers and those working in support networks it is easy to understand that there are thousands of people touched by cerebral palsy in the UK. Further, it is a sad fact of life that cerebral palsy can sometimes occur because of acts or omissions of treatment by clinicians at the time of birth. This can lead to serious and permanent injuries. Where a child has been injured by the acts of another, compensation can be sought for the cost of that child’s ongoing care, therapies, accommodation and equipment needs for the rest of that child’s life.The litigation is often a lengthy process and involves complex medical issues. The claimant must prove that his or her injuries were caused by care which fell below what would be considered by other clinicians as an acceptable standard. The claimant must then prove that substandard care was likely to have caused the injuries. To meet this burden and standard of proof your lawyer must assemble a team of appropriately qualified medical experts to assess the standard of treatment provided and then link the treatment to the injuries caused. It is important therefore that the lawyer you instruct has the experience to understand the medical issues involved and which experts to select to provide expert advice throughout the case.

There are numerous organisations and charities which help people come to terms with the disability and provide useful information on the subject.www.CerebralPalsy.org.uk provides free help and impartial information on a wide range of subjects that are related to the disability.