Cerebral Palsy Claim Solicitors

Medical negligence law relating to cerebral palsy claims in Australia varies, dependent on the location of the wrongful act that caused the injury. In some parts of Australia the common law applies which means that cerebral palsy claims are pursued using previously decided cases as precedents for determination of new cases. In other parts of Australia local legislation has been passed which determines how a cerebral palsy claim is conducted and gives guidance relating to contentious issues such as the definition of negligence. In general terms, in order for a solicitor to succeed in a cerebral palsy claim and for the client to be awarded damages, it is necessary to show that a healthcare practitioner's conduct did not conform to the standard of reasonable care demanded by law in that particular location.

CLINICAL NEGLIGENCE SOLICITORS FREE HELPLINE 1800 339 353

Standard of Care

There is no national legislation relating to cerebral palsy claims based on medical negligence passed by the Government of Australia which applies on a federal basis. Some states and territories have passed local legislation and have changed the pre-existing law to ensure that a doctor is not negligent if they acted in a rational way that is supported by a significant peer group of competent doctors. This applies even if the treatment that was chosen fails and alternative treatment may have succeeded. In these cases the court must decide what amounts to a reasonable standard of care and will determine competence after consideration of the evidence and expert opinion.

CLINICAL NEGLIGENCE SOLICITORS FREE HELPLINE 1800 339 353

Medical Negligence

A cerebral palsy claim is an application to a court of law to award damages as a result of medical negligence by a healthcare provider. The claim can be against any healthcare provider who does not necessarily have to be a doctor, specialist or consultant. A healthcare provider which includes doctors, midwives, nurses and technicians who fails to take reasonable care which causes losses, may be held liable in negligence to pay compensation for those losses. In the context of cerebral palsy claims the following examples may be considered as sufficient to base a claim for medical negligence :-

• lack of oxygen to the brain during delivery
• failure to treat seizures following birth
• failure to detect a prolapsed umbilical cord
• excessive or inappropriate use of vacuum extraction
• excessive or improper use of delivery forceps
• failure to plan an anticipated caesarean section
• failure to perform an emergency caesarean section
• not responding to changes in the foetal heart rate
• failure to respond to maternal high blood pressure
• failure to diagnose and treat jaundice or meningitis

CLINICAL NEGLIGENCE SOLICITORS FREE HELPLINE 1800 339 353

Specialist Solicitors

Our specialist solicitors deal with cerebral palsy claims throughout Australia using the no win no fee scheme. If you would like free advice on medical negligence law just send the contact form and a solicitor will call you on the phone, to offer information on how to preserve your legal rights to compensation without any further obligation.