Cerebral palsy is a debilitating condition caused by damage to the developing brain that impacts muscle control and coordination. In some cases, cerebral palsy is the result of medical negligence during pregnancy, labour, delivery, or shortly after birth. Proving medical negligence in cerebral palsy cases can be challenging but possible under certain circumstances. Today, we will examine how patients can build a strong case when seeking compensation.
Establishing a Link Between Negligence and Cerebral Palsy
The first step is to prove a direct link between the negligent actions of a healthcare provider and the resulting cerebral palsy diagnosis. There are a few ways this causation can potentially be established:
- Showing that signs of foetal distress were ignored or not properly addressed during labour and delivery, depriving the baby of oxygen.
- Demonstrating that improper use of delivery instruments caused trauma to the baby’s head and brain damage.
- Proving that a C-section was inappropriately delayed when it was clearly warranted.
- Establishing that the healthcare provider failed to diagnose and treat neonatal jaundice in a timely manner.
In each case, medical records will be extensively reviewed to construct a timeline showing exactly how the provider’s specific actions or inaction led to injury. Expert testimony will likely be required to interpret complex records and establish causation.
Proving a Breach in the Standard of Care
In addition to causation, the claimant must also prove negligence. This means showing that the healthcare provider breached the reasonable standard of care owed to the patient under the circumstances. There are a few ways this breach can potentially be demonstrated:
- Identifying policies or protocols that were not properly followed. This could include foetal monitoring procedures, infection control practices, or medication administration guidelines.
- Comparing the care provided to accepted medical standards, often established through expert testimony. Widely deviating from normal practices could demonstrate negligence.
- Referencing the provider’s training and expertise. More experience and training may equate to a higher standard of expected care.
- Pointing to any previous disciplinary issues or malpractice claims against the provider as evidence of a pattern of substandard care.
- Showing that warning signs reported by the mother were ignored or not given proper consideration.
Successfully proving that a healthcare professional’s negligent actions directly resulted in avoidable injury is the crux of a strong cerebral palsy claim.
The Role of Solicitors
Building a convincing case requires extensive medical record collection, witness interviews, thorough case investigation, and expert consultations. A cerebral palsy claims solicitor will have specialized experience handling these complex cases from start to finish. An experienced solicitor can:
- Help determine if medical negligence was a factor by performing an initial case review.
- Identify all potentially negligent parties who contributed to the injury.
- Consult medical experts to establish causation and interpret records.
- Manage the lengthy process of compiling and chronologically organizing complete medical files.
- Assess the long-term care needs of the child and calculate an appropriate claim for damages.
- Negotiate a settlement or pursue litigation against defendants if needed.
By understanding legal standards and coordinating all aspects of claim investigation, solicitors greatly improve the chances of a successful outcome.
Proving medical negligence leading to cerebral palsy requires thorough investigation and complex legal expertise. However, for patients whose children have suffered avoidable harm, it is important to determine if a valid claim exists. With the help of an experienced cerebral palsy claims solicitor, families can build a compelling case if the evidence supports it and potentially gain the compensation necessary to care for their child.
