We acted on behalf of a family and their child, seeking compensation for the child’s cerebral palsy condition which she contracted at the time of her birth.
Our specialist lawyers can help you if you suspect your child has suffered a brain injury as a result of medical negligence during labour. Contact our cerebral palsy compensation lawyers today on 0800 988 8082 for specialist advice.
Given there are a number of possible reasons for cerebral palsy, we were instructed to investigate whether the number of complications experienced by her mother at or around the time of her birth may have been associated with the child’s cerebral palsy condition.
Investigation
We initially obtained a number of expert reports to advise our client on the prospect of being able to prove fault against the NHS and the treating obstetrician and midwife. Those reports essentially set out whether any treatment, or lack of treatment, provided by the medical team fell below the standard of care of any ordinary competent doctor. Thereafter, we instructed a number of further reports to advise on whether cerebral palsy was one which would not have been contracted had the doctors acted with the appropriate level of care.
The NHS were not prepared to concede any aspect of the claim and indeed obtained a number of their own expert reports, which, to an extent, were contrary to the reports we ourselves had obtained. It was an extremely difficult case to be able to prove negligence, but, at the same time, also prove that that negligence had led to our client’s condition.
Outcome
After extensive negotiations, the NHS were prepared to agree that fault lay with them, although they continued to contest that the cerebral palsy would have occurred in any event.
Eventually, the case was resolved, although the payment made reflected the fact that our client’s condition was complex and the reasons for cerebral palsy arose out of a number of different reasons some of which were not associated with the treatment provided by the medical team.
Birth Injury Compensation Lawyers Glasgow, Edinburgh & Dundee
If you have been affected by medical negligence, we can help you find out if you have a birth injury compensation claim. Call our personal injury lawyers today on 0800 988 8082 or by completing our online contact form.
