Legal Rights and Recourse for Cerebral Palsy Caused by Medical Negligence
Cerebral palsy is a serious medical condition. When it’s been inflicted through medical negligence, it can be especially difficult for the sufferer, and their family, to bear. It’s the job of solicitors – and, ideally, solicitors specialising in this kind of negligence – to guide people in this position to the legal remedy they’re entitled to. Let’s take a closer look at this emotionally charged topic.
Understanding Medical Negligence in Cerebral Palsy Cases
Medical negligence occurs when harm is caused to a patient because of the action, or lack of action, taken by a medical practitioner or organisation.
In the case of cerebral palsy, this might take several forms. A medical professional might fail to monitor the growth and heartbeat of a baby, or fail to deliver the baby early enough via caesarean.
To qualify as negligent, a person will need to fail to take the action that would have been taken by a competent person in their position. In other words, not all avoidable harms are negligence.
Legal Framework and Rights for Affected Families
The best way to approach this problem is through a specialist medical negligence solicitor. The Limitation Act 1980 means that legal action must be taken within three years of the claimant becoming aware of the problem – or three years from their eighteenth birthday (whichever comes later).
All medical professionals owe what’s called a duty of care to their patients. This is a concept stemming from tort law in England, and is the basis of negligence. In many cases, however, you won’t be making a claim against the individual responsible, but the organisation. In the UK, this is often the NHS.
The Claim Process for Cerebral Palsy Compensation
To give your claim the best possible chance of success, the claimant will want to evidence it as strongly as possible. That means keeping hold of any correspondence they have received from the healthcare provider. Pursuing cerebral palsy compensation requires a thorough understanding of the legal process and meticulous preparation. The solicitor acting on behalf of the claimant will need to make the appropriate requests, and seek the opinion of expert witnesses.
The Role of Expert Witnesses in Cerebral Palsy Negligence Cases
One of the major advantages of hiring a specialist lawyer in these circumstances is that specialist lawyers often have access to expert witnesses with special knowledge of different medical procedures. In short, they know what good medical practice and bad medical practice look like. The testimony of the experts can often prove crucial in cases like this, and so selecting the right ones is imperative.
