Australian Cerebral Palsy Solicitors - http://www.cerebralpalsysolicitor.com/

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Cerebral Palsy Lawyers - Medical Negligence Compensation Claim

LAWYERS HELPLINE: 1800 339 353


This condition is caused by irreversible damage to the brain as a result of an injury caused before, during or shortly after birth. There is nothing that can reverse the damage to the brain, although it may be possible to lessen the discomfort to the victim by therapy, including surgery and pharmaceuticals. In most cases this condition is a naturally occurring event with no obvious cause however there are some victims whose injury has been caused by inadequate clinical procedure by a healthcare provider. In these cases it may possible to make a cerebral palsy compensation claim and whilst an award of damages can never make up for the damage done, it can ensure the patients lifestyle is improved and may provide care and sustenance at a level that might otherwise not be possible. If you would like legal advice on medical negligence compensation claims at no cost and with no further obligation just contact our cerebral palsy lawyers.

Medical Negligence

In general terms, medical negligence is defined as any act or omission that falls below the standard of a reasonably competent doctor. In some parts of Australia the common law applies whilst in other states there is relevant legislation however in all cases for a cerebral palsy lawyer to obtain a legal judgement, prior to an award of compensation, it is necessary to prove that the doctor's conduct did not conform to the standard of care demanded by the law.

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.

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

CP Types

There are 4 main types of cerebral palsy which are on occasion difficult to distinguish as there may be some overlap between the four main types which are as follows :-

    Spastic

    Spastic cerebral palsy is one of several types of cerebral palsy caused by increased muscle tone, which accounts for over 70% of all cases. Spastic cerebral palsy causes stiffness and tightness of the muscles which restricts motion causing abrupt and jerky movement. Spastic cerebral palsy may not always occur in isolation but can occur in conjunction with the other two distinct types. This condition is not progressive and there are therapies available that may be capable of reducing the unpleasant symptoms. -

    Ataxic

    Ataxic cerebral palsy is one of the three distinct types of this condition representing about 10% of all cases. People who suffer from ataxic cerebral palsy exhibit low muscle tone and the condition is characterised by problems with balance, co-ordination and movement. Ataxic cerebral palsy often manifests itself with shaky hand and feet movements, jerky speech, poor depth perception and difficulty with refined tasks requiring use of the hand or fingers such as writing.

    Athetoid

    Dyskinetic or athetoid cerebral palsy accounts for over 10% of all cases and is characterised by mixed muscle tone which is sometimes high and sometimes low. Athetoid cerebral palsy manifests itself by spontaneous and unwanted movements particularly of the face arms and upper body. Those who suffer from athetoid cerebral palsy exhibit disrupted posture control ensuring difficulty in maintaining an upright steady position.

    Mixed

    Almost 10% of children who suffer from this condition will exhibit symptoms that indicate mixed cerebral palsy which may be a combination of two or more of the athetoid, ataxic and spastic types. The most common combination seen in mixed cerebral palsy is a mixture of the tight muscle tone of the spastic variant together with the involuntary movement of the athetoid variant. Mixed cerebral palsy is caused by damage to two separate areas of the brain and in severe cases is difficult to treat.

Sub Categories of Cerebral Palsy

Cerebral palsy may affect different parts of the body categorised as follows:-

    Monoplegia

    Monoplegia cerebral palsy is a relatively rare form of this condition where only one limb is affected. It may be considered as a form of hemiplegia with extremely mild involvement of a second limb. The symptoms of monoplegia cerebral palsy are often confused with damage to the nerves including brachial plexus palsy, rather than the actuallity of a lesion to the motor cortex of the brain. Accurate diagnosis of monoplegia cerebral palsy requires extreme skill, care and patience.

    Diplegia

    Diplegia cerebral palsy is a form of this condition that mainly affects the legs however there may also be minor involvement of the arms. Most children who suffer from diplegia cerebral palsy have spasticity due to high muscle tone with difficulty in balance and co-ordination together with a reducing range of motion. Suffers of diplegia cerebral palsy are at greater risk of hip dislocation.

    Triplegia

    Triplegia cerebral palsy is a very rare form of this condition which affects three limbs, usually both legs and one arm. Some physicians classify triplegia cerebral palsy as a combination of diplegia and hemiplegia or quadriplegia with minor involvement of one limb. Triplegia cerebral palsy usually manifests itself in the spastic form with high muscle tone creating stiff, jerky movement associated with an overall lack of co-ordination.

    Quadriplegia

    Quadriplegia cerebral palsy is a form of this condition which involves all four limbs with arms often more affected than legs. Quadriplegia cerebral palsy is usually associated with severe motor dysfunction and mental disability. Most children suffering from this condition have serious difficulties and may require constant care and attention. Quadriplegia cerebral palsy is usually spastic in nature with high muscle tone causing uncoordinated stiff and jerky movement.

    Hemiplegia

    Hemiplegia cerebral palsy is one of 5 different classifications of this condition dependent on the parts of the body that are involved. Hemiplegia cerebral palsy affects the leg and arm on one side of the body with usually more involvement of the arm when compared with the leg. Double hemiplegia cerebral palsy occurs when all four limbs are involved with the left and right sides being asymmetric and affected differently.

Risk Factors

In most individual cases it is not possible to say exactly what causes this condition and by far the majority of cases seem to be naturally occurring. There are however a small number of cases that are caused as a result of errors by healthcare providers, which can lead to a successful compensation claim for losses and expenses caused as a result of clinical negligence. In regards to cases where there is suspicion that the cause may be due to clinical errors there are cerebral palsy risk factors which may predispose certain infants to suffer from this condition in the absence of appropriate medical care.

In cases where cerebral palsy risk factors are present it is incumbent on health care providers to be aware of them and to take appropriate action in advance of any potential medical emergency. Cerebral palsy risk factors are associated with the infant and with both of the parents and if a cerebral palsy risk factor is present healthcare providers should take appropriate remedial action or prepare for a worst case scenario. Failure to take such action or failure to properly investigate medical history may be sufficient for a cerebral palsy medical negligence solicitor to prove a compensation claim and justify an award of damages.

Cerebral palsy risk factors may only come to light upon detailed enquiry of the parents or detailed perusal of the mothers medical history. The following items represent some of the matters that may be considered to be cerebral palsy risk factors :-

  • breech birth
  • complicated labour
  • complicated delivery
  • vascular problems during labour and delivery
  • respiratory problems during labour and delivery
  • first child
  • fifth or later child
  • low Apgar score
  • twins where one has died
  • multiple births
  • obvious nervous system malformation
  • low birth weight less than 3.5 pounds
  • premature birth less than 37 weeks
  • mother/child blood incompatibility
  • infant micro-organism infection
  • late severe proteinuria
  • late maternal bleeding
  • maternal hyperthyroidism
  • maternal seisures
  • maternal German measles/viruses
  • mother aged over 40 years
  • mother aged less than 21 years
  • father aged less than 21 years
  • African-Caucasian ethnicity

Kernicterus

Kernicterus is a preventable condition, usually caused by medical negligence involving irreparable damage to the brain as a result of failure to treat jaundice in a newborn child. The brain damage resulting from this disorder causes athetoid cerebral palsy of varying degrees of severity. Most newborn children suffer from jaundice to some degree however kernicterus only results in the case of severe jaundice that is not identified and is not adequately treated.

The condition arises as a result of unusually high levels a naturally occurring substance called bilirubin which is a breakdown product of blood that manifests itself as jaundice. Treatment of mild jaundice in a newborn infant is a relatively simple matter and placing the child in direct sunlight for a time will often be sufficient to alleviate the symptoms although more severe case are treated with artificial light from a blue lamp. The most serious cases may require an exchange of blood to urgently remove the damaging toxins.

Healthcare professionals involved in postnatal care should be aware of the damage caused by untreated jaundice in a newborn infant and should ensure that the child is properly examined on a regular basis. Failure to do so is of itself medical negligence which is actionable by a solicitor in a court of law. Even if the symptoms do occur, it is not too late to effect emergency treatment that will stop the condition progressing to a worse situation. Failure to identify this condition or failure to treat properly or in a timely manner may be classed as kernicterus medical negligence entitling the child to receive compensation for the injury which can have very serious consequences.

There are several areas for concern in regards to a child who may be suffering from jaundice.
Mistakes made by physicians that may be kernicterus medical negligence include :-

  • repeating contentious laboratory results and delaying treatment
  • interrupting treatment for further diagnostic testing
  • failure to examine for signs of jaundice or kernicterus
  • failing to properly interpret laboratory results
  • failure to understand high bilirubin risk thereby delaying treatment
  • not understanding varying risk associated with hourly time post birth

Kernicterus is totally preventable and most cases will result in a successful kernicterus medical negligence compensation claim. If you would like advice at no cost and without further obligation just use the helpline or email our offices or complete the contact form and a cerebral palsy lawyer will phone you with information on how to preserve your child’s legal rights to claim an award of damages.

Diagnosis

A positive diagnosis often takes time as doctors are unwilling to confirm this serious condition until they are absolutely certain that the symptoms are not representative of one of the other medical conditions that may mimic cerebral palsy. Diagnosis is only confirmed after detailed studies and testing of motor skills and intellect and may not be finalised until a child is more than two years old. If you have received a positive diagnosis for your child our cerebral palsy lawyers offer on advice on medical negligence compensation claims at no cost and with no further obligation.

Time Limits

There are time limits for taking cerebral palsy compensation claims before a court of law and in general terms a medical negligence claim must either be settled or proceedings must have been issued in a court of law within three years of the negligent incident however there are exceptions for infants and the mentally disabled. The three year period for cerebral palsy compensation claims does not start to run until the eighteenth birthday and does not run against a claimant with a severe mental handicap.

Cerebral Palsy Lawyers

In order to obtain a judgement, a cerebral palsy lawyer must show that a healthcare professional’s conduct did not conform to the standard of reasonable care required in that particular location. In all cases the court will determine what it considers to be the appropriate and reasonable standard of care after hearing all of the evidence including statements from those concerned and expert medical opinion. A cerebral palsy lawyer must carefully consider all liability issues and it is a fact that the vast majority of the sufferers of this condition have not been the victims of medical negligence.

If your child has been diagnosed as suffering from this condition our cerebral palsy solicitors can offer legal advice on medical negligence compensation claims at no cost. Our cerebral palsy lawyers deal with claims using the no win no fee scheme. If you would like to discuss your potential damages claim with a specialist, with no further obligation, just use the helpline or email or complete the contact form.

LAWYERS HELPLINE: 1800 339 353

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