When Can you Make a Cerebral Palsy Claim?
August 19, 2021
As natural as the process may be, childbirth can carry significant risk. This can sometimes lead to cerebral palsy. Babies are incredibly fragile and so much can go wrong that can have devastating effects. This includes developmental issues and birth injuries. Medical negligence that occurs during pregnancy or birth that causes the condition is one of the main reasons to make a Cerebral Palsy claim.
What is Cerebral Palsy?
Cerebral Palsy is a condition which affects muscle development and coordination. In the majority of cases, it results from lack of oxygen reaching a baby’s brain while they are still in the womb or during birth. However, it can also result from developmental issues and, in very rare instances, flawed genes. Although symptoms can be eased temporarily with treatments like physiotherapy, there is no cure for Cerebral Palsy and babies who develop the condition will need support and care in one form or other for the rest of their lives.
Some babies are more at risk of Cerebral Palsy. These include:
- Those born to mothers over 40 and under 20 years old
- Premature babies with low birth weights
- Aplacental abruption, where the placenta separates before the baby is born and blocks the flow of oxygenated blood
- Infections transferring from a mother to baby during birth, such as strep B infections
- Those who have siblings who had difficult births
- Those with very overweight mothers.
When Can you Make a Cerebral Palsy Claim?
Negligence can occur when risks don’t receive proper monitoring. Babies should be monitored during labour. This is because any issues can be identified quickly through monitoring. If this is not done properly, then babies may be more at risk of developing the condition.
The brain damage that leads to cerebral palsy can happen in utero due to brain developmental issues, and during delivery due to birth injuries, but it can also happen if conditions such as meningitis or jaundice are not detected and treated quickly.
Time Limits to Making a Claim
As with all medical negligence claims, there is a time limit to making a claim for Cerebral Palsy. However, this differs from some other medical negligence claims, in that it is a longer period.
Usually, with medical negligence claims, you have three years from the date of diagnosis, or when the medical negligence occurred, to make a claim. However, as Cerebral Palsy affects children from when they are born, this differs. In these cases, a parent or guardian may make a claim on their behalf until their 18th birthday. The three-year time limit then starts, and a child then has until they turn 21 to make a claim for themselves.
Since Cerebral Palsy is a disability that affects the brain, the time limit once the child turns 18 may not apply. If your child is over 21, it may still be possible to extend this time limit if they do not have the mental capacity to claim for themselves. For example, if they are suffering from an intellectual impairment and cannot make decisions for themselves.
How We Can Help
Here at The Medical Negligence Experts, we work with solicitors who have years of experience dealing with medical negligence. This includes Cerebral Palsy. Contact us today by filing in our contact form. Or call us on 01614138761 to speak to one of our friendly knowledgeable advisors.