International Criminal

Lawyers specialising in birth injury claimsare often approached by mums and dads understandably devastated and angry because their child has suffered a brain injury at birth. All the parents desperately want is answers to what happened and to know whether the doctors or midwives are to blame for their child developing cerebral palsy, so the same mistakes wont be made in future. Investigating cerebral palsy claims is expensive and this may put people off pursuing a case, however legal aid is still available for those who are eligible and you should therefore seek a firm that has been granted a Legal Services Commission Clinical Negligence Franchise if you are looking for legal assistance.

To successfully bring a cerebral palsy claim it must first be proven that the treatment during labour or delivery fell below the standard one could expect from a reasonable doctor or midwife practising at that time. If this can be established, it must then be shown that on the balance of probabilities any identified negligent treatment caused the child’s brain injury. This is often difficult to prove and requires evidence from independent medical experts.

If negligence is established your legal representatives will then look at quantifying the value of the claim. There are two types of damages awarded in successful clinical negligence cases: general damages and special damages. General damages are awarded for the actual injury suffered and are usually paid in a lump sum on conclusion of a case. In cerebral palsy claims the amount awarded depends on the extent of the injury but are often around the 250,000 for the most severe injuries. The multi million pound settlements that make headlines are made up of special damages which compensate for quantifiable past and future financial losses such as the cost of care, as well as any necessarily adaptations to the home and equipment.

In cerebral palsy cases quantum investigations are extensive and require the involvement of experts in physiotherapy, occupational therapy, accommodation, technology, speech and language therapy, care and case management. These experts will be experienced in identifying the needs of those suffering with cerebral palsy and use their expertise to report on the current and future needs of the child bringing the claim. The cost of meeting the child’s needs into the future is calculated using sophisticated actuarial tables which take into account life expectancy, interest rates and inflation. At all stages of quantum investigations the focus is on recovering a level of compensation that will secure the best possible future for the child.

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