CEREBRAL PALSY CHILD - CLINICAL NEGLIGENCE CLAIMS

Solicitors who wish to specialise in medical negligence and claim compensation for a cerebral palsy child must inevitably become members of the Law Society panel of clinical negligence experts. Admission to this group of experts is limited to those solicitors who can prove experience and expertise in this limited field and who have office resources to back up what can be difficult and complex cases. Less than 1% of solicitors are members and it is only members who are entitled to apply for public funding of cases by way of legal aid from the Legal Services Commission.

Legal aid for most personal injury claims was removed in 1988 following the introduction of the no win no fee scheme however medical negligence claims were the exception and the Legal Services Commission continues to grant and administer public funding for those individuals with few assets and low income. The assessment for eligibility is means tested on the basis of the claimant’s financial situation. This means that in the case of a cerebral palsy child it is the infant’s assets and income that are considered. The family finances are not considered or aggregated and whilst mother and father may have substantial income and assets this will not be considered when a means assessment is carried out on behalf of the child. Most children have no assets or income which means that almost all of them will qualify for legal aid without any financial contribution either from the child or the parents.

It must always be born in mind that the Limitation Act 1980 applies to all personal injury cases and claims must either be settled or legal proceedings must be issued within three years of the event giving rise to the injury. There are however exceptions and the three year period does not start running until the claimant has attained the age of 18 years and time will never run against a mentally disabled person unless and until lucidity returns. In addition the court has a wide discretion which it rarely exercises.

Whether or not a healthcare professionals behaviour amounts to medical negligence depends on whether they have satisfied the Bolam test from the 1957 case of the same name. In order not to be negligent a doctor must have exhibited the same skill and care as other doctors in the same medical field. Even if a doctor goes against mainstream treatment he will not be negligent if his actions are supported by a significant body of other doctors and the treatment is rational.

If you would like to speak to a specialist solicitor about a medical negligence 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 email. If after talking to us you decide not to take your potential claim further then you are quite at liberty to do so and you will not be charged for our advice which is given free of charge.