Cerebral Palsy Compensation

Legal Helpline: ☎ 1800 529 835

We are offering an obligation-free legal referral service which provides patients and their families access to Australian solicitors/lawyers with with proven track-records in representing plaintiffs (patients) in cerebral palsy compensation claims. If you would also like legal representation, our cerebral palsy lawyers may be able to offer you a No Win No Fee agreement.

Call our helpline or complete the online contact form for legal assistance.

What is Cerebral Palsy?

Cerebral Palsy is a term used to describe a group of chronic permanent physical conditions affecting body movement and muscle coordination. Its effect can be as mild as just a weakness in one hand ranging to almost complete lack of movement. People with cerebral palsy may have seizures and other impairments affecting their speech, vision, hearing and/or intellect.

In Australia it is estimated that a child is born with cerebral palsy every 18 hours. Worldwide, the incidence is the same - it's about 1 in 400 births. There is no pre-birth test. There is no known cure for cerebral palsy.

Cerebral palsy, except in its mildest forms, can be seen in the first 12-18 months of life. It presents when children fail to reach movement milestones.

Types of Cerebral Palsy

Spastic quadriplegia involves rigidity and involuntary jerky muscular contractions of all four limbs and is usually caused by a prolonged period of hypoxia. This is the most common type, affecting 70-80% of the people with the condition.

Dyskinetic cerebral palsy

This type affects about 10-20% of people with cerebral palsy. There are two forms:

Athetosis which is characterised by uncontrolled, slow, ‘stormy’ movements;

Dystonia is characterised by sustained or intermittent muscle contractions causing twisting or repetitive movement.

With Athetoid CP, this is characterised by involuntary writhing movements of the limbs and is usually caused by hypoxia.

Ataxic Cerebral Palsy: This is the least common type of cerebral palsy and is characterised by shaky movements. It affects a person’s balance and coordination.

Listed below are some of the possibly negligent actions that can result in brain damage in some children during development and birth;

• Failure to order specific tests during pregnancy and not interpreting these tests correctly.
• Failure to detect a prolapsed umbilical cord.
• Improper use of delivery forceps.
• Failure to identify foetal distress including inadequate monitoring of foetal heart rate.
• Failure to perform (or delay in performing) a Caesarean Section when there is evident foetal distress.
• Excessive use of Vacuum Extraction.
• Failure to respond to the mother's high blood pressure.
• Failure to deliver baby when the membranes have been ruptured for more than 24 hours.
• Failure to diagnose and treat jaundice or meningitis in the newborn.
• No paediatrician present at birth when problems could have been foreseen.

Compensation Claims

Cerebral Palsy compensation claims can be extremely difficult to prove, however, with the right medical experts and experienced cerebral palsy lawyers, families can be advised if the most likely cause of their child's cerebral palsy was a failure or breach in the duty of care by the treating doctors, nurses or hospital. Not all birth trauma claims are the result of negligence. Our solicitors will gather and review the evidence to determine whether you have a case or not.

If it can be proven that there was medical negligence, then compensation can be awarded. The amount of compensation awarded will depend on the extent of the injuries, disabilities and needs of the particular child.

The purpose of compensation is to provide you/your child with money to cover the costs of treatment needs, attendant care, specialist equipment/aids, to compensate for loss of earnings and pain and suffering, that was caused by the negligence or wrong-doing of another person.

Most of these claims settle out-of-court without having to go through a trial, however the court usually must formally approve the amount of compensation that is agreed to, to ensure that the child's best interests are protected.

In addition to compensation being awarded for the child, it may be possible for the parents to receive compensation if they have suffered a psychiatric condition (eg. depression, anxiety, adjustment disorder etc) as a result of the negligence that has happened to their child.

We have assisted over 500 Australian families with children who have suffered from birth trauma, in finding out what their legal rights are to compensation.

If you would like obligation-free advice on cerebral palsy compensation claims, please complete the contact form or phone our helpline.

INTERNATIONAL LAW: U.K and U.S.

We now have a panel of specialist medical negligence and malpractice lawyers in Australia, England and the United States of America. If your child was born in Australia, U.K or U.S.A, and has been diagnosed with cerebral palsy, erb's palsy, brachial plexus injury, fractured clavicle, hematoma, brain damage, or any other birth injury, we can help you find an experienced medical lawyer who will advise you of your child's rights to compensation.

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