UK CEREBRAL PALSY DAMAGES CLAIM SETTLEMENTS

Starting a UK cerebral palsy damages claim is an important step in helping a child victim and their carers to cope financially over the years to come. This condition can have devastating effects not only on the victim but also on the immediate family and whilst medical negligence compensation can never right the wrongs it can go some way to easing the financial burden on the family and to improving the quality of life for the child. The financial compensation awarded to the victims of medical negligence is an important part of helping to ease the suffering and reduce future problems that may have to be faced.

Whether or not medical negligence has caused the condition is a matter that taxes the courts ever day. Most cases are naturally occurring phenomena and are not due to clinical errors on the part of a healthcare professional. Only about 10% of cases will justify pursuit of a UK cerebral palsy damages claim.

The Bolam case in 1957, established one of the principle methods for determining whether there was a breach of the duty of care by a healthcare professional. The “Bolam Test” is such that a healthcare professional is expected to use the same degree of skill and care in looking after their patients as other similarly qualified healthcare professionals. It is not an absolute standard but compares one professional to another. In addition the case of ‘”Bolitho” clarified the rule by adding that a doctor is not negligent if he chooses an alternative method of treatment that fails, provided that a substantial body of other medical practitioners would have done the same. This is to cover the situation where a doctor goes against the mainstream view however to protect the public there is the proviso that the alternative treatment must stand up to logical analysis. It is necessary to prove medical negligence to make a successful UK cerebral palsy damages claim which will not succeed merely because a course of action taken by a doctor fails to produce the desired result and causes injury to the mother or child.

Legal aid is always available to pay for a child victim to make a UK cerebral palsy damages claim. The Legal Services Commission which administers public funding for medical negligence cases takes no account whatsoever of the parent’s income and assets. It is only the child’s finances that count and most children have no assets and no income and will qualify for full legal aid with no financial contribution.

This area of law is complex and it’s important that you seek legal advice from a specialist who has proven expertise in medical negligence law. Our ultimate aim is to get the maximum compensation possible for children who have been injured as a result of medical negligence. Our specialist solicitors usually work using legal aid which is available for almost all children which means that you will be fully protected from any legal costs even if your case is not successful. Win or lose it will not cost you or your child anything at all. Our specialist will progress your claim with care and compassion throughout the whole process. If you require free legal advice please complete the online contact form or use the helpline and one of our experienced solicitors will be available to further discuss your case. If after talking to us you decide to proceed no further then you are under no obligation and you will not be charged for our advice.