Cerebral palsy compensation for medical negligence

Digby Brown’s medical negligence solicitors pursued a cerebral palsy claim for compensation on behalf of a mother and her child following negligent treatment by hospital staff during the child’s birth.

How did the medical negligence cause cerebral palsy?

During labour, the fetal heart rate was found to be abnormal. The baby’s wellbeing was assessed once by fetal blood testing. It was established that it should have been re-assessed before the birth was induced by syntocinon.

Syntocinon increases the rate of contractions and can cause additional stress to be imposed on a struggling fetus. This is what happened in this case. The child was born and required resuscitation, and now has cerebral palsy.

The impact on the child’s life

Re-testing the fetal heart rate could have meant the baby being delivered earlier without the brain injury and damage. The child will need lifelong care and support and their disabilities will affect their ability to find suitable employment in the future.

How did Digby Brown’s medical negligence solicitors help?

Digby Brown’s medical negligence solicitors are well experienced with negligence cases arising from birth injuries such as cerebral palsy and claiming compensation for clients.

Wide range of medical experts involved

This was a complex case. A number of issues – potential medical negligence, whether it caused the child to develop cerebral palsy and the value of the case were all in dispute.

Expert opinion differed regarding the monitoring of the fetus. This meant a number of experts were called upon, consulting with them and ensuring that the high legal test for negligence was on balance, to be met.

Experts in a range of fields were called, including:

• obstetrics
• midwifery expert
• neonatology
• paediatric neurology
• neuroradiology

As well as commissioning reports we had to interpret the reports, send them to other appropriate experts, consult and assess the potential value of the claim. This involved a huge amount of work.

Crucial importance of specialist lawyer

This case highlighted the need for specialist lawyers who have knowledge of running a cerebral palsy case. Instructing the appropriate experts was crucial in achieving settlement. Being a specialist medical negligence team, we were able to identify the appropriate experts who were credible and able to give evidence in Court to support our position.

Support throughout

Understandably the family required a significant amount of support throughout the process which was challenging and drawn out. Thankfully we achieved a settlement, which was a life changing amount of compensation for the family.

Cerebral Palsy Legal Advice

If you believe your child may have cerebral palsy as the result of medical negligence, our specialist cerebral palsy lawyers may be able to help.

Learn more about making a cerebral palsy compensation claim or complete our clinical negligence enquiry form and a legal advisor will be in touch.