CEREBRAL PALSY CAUSES - NEGLIGENCE COMPENSATION CLAIM SOLICITORS
Cerebral palsy causes are many and varied however they fall into two main categories being events that occurred before labour which account for about 90% of cases most of which are naturally occurring events and the remainder, a large proportion of which can be attributed to mismanaging of the birth process and may result in the payment of compensation for medical negligence.
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Congenital Malformation
Many children are born with a birth defect called a 'congenital malformation' and clearly these cases are not usually attributable to medical negligence. Indicators of these naturally occurring phenomena that can be cerebral palsy causes which cannot be attributed to medical negligence include :-
- exposure of the expectant mother to ingested chemicals such as cocaine, alcohol or the toxins in cigarettes
- exposure of the mother to rubella, cytomegalovirus, toxoplasmosis and some other rare diseases
- a low birth weight
- a substantially premature birth
- severe physical trauma during the pregnancy affecting and injuring the mother or child
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Negligent Causes
Cerebral palsy causes that result from mistakes made by medical practitioners during the delivery of a baby which may cause birth injury include :-
- failure to observe and properly treat a seizure occuring immediately after delivery
- child spending too long in the birth canal, resulting in a lack of oxygen to the body and brain
- failure to observe a prolapsed umbilical cord resulting in a lack of oxygen to the body and brain
- improper or severely traumatic use of the vacuum extraction tools causing head injury
- improper and dangerous application of the forceps during delivery contrary to established protocols
- not monitoring and reacting to the foetal heart rate and any changes it shows
- failure of trained personnel to establish the necessity of and subsequently arranging for the performance of a C-Section when required
- not monitoring the blood pressure of the mother (or not monitoring toxaemia)
- failure to treat jaundice or meningitis should they appear or failing to recognise the onset of either
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Neo Natal Negligent Errors
This condition is sometimes caused by rare events that take place after delivery but within the first few weeks of life which include brain haemorrhage due to premature birth and kernicterus due to late diagnosis or inadequate treatment of jaundice. In both of these cases there is a potential claim for medical negligence if the problem was not diagnosed and treated promptly and properly.
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Potential Indicators of Medical Negligence
Some indications that medical negligence was involved in your situation might include :-
- use of delivery forceps to perform an emergency delivery
- emergency unplanned C-Section
- CPR used to resuscitate the baby after delivery
- baby being transferred to an intensive care unit after delivery
- seizures within the first four days of life
- use of oxygen to assist the baby in breathing shortly after birth
- specialist was called urgently to assist with delivery or immediately after birth
SOLICITORS HELPLINE 0844 332 0220
Legal Aid
Unfortunately mistakes made by doctors are responsible for about 10% of cases but determining whether any one particular case is medical negligence or not is impossible without investigations by a team of dedicated legal and medical specialists. Legal aid is available for all children with a nil contribution from the parents. Whilst legal aid is means tested it is the childs finances that are taken into account and not the parents.
SOLICITORS HELPLINE 0844 332 0220
Clinical Negligence Experts
If you would like to speak to a specialist solicitor about a cerebral palsy compensation claim free of charge and with no further obligation, just complete and send the contact form or use the helpline or send a message by
