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Cerebral Palsy Claims

James's Story

How do I make a cerebral palsy claim


How do I make a cerebral palsy claim

The first and most important step in investigating a cerebral palsy claim is to choose a solicitor with the right medico-legal expertise. Cerebral palsy claims can be lengthy as well as technically and emotionally demanding. You need to be certain that your solicitor has the right experience and their law firm sufficient resources so as to be equipped to handle the considerable responsibility of taking on your case.

We can arrange meetings at your convenience and preference over the ‘phone, at one of our offices, at your home or elsewhere if you choose. Mother and child’s medical records will have to be collected and meticulously analysed. Statements will be need to be taken as to what happened and to cover key points in the records. Then independent expert opinion will be needed. Just for liability alone, typically reports will have to be obtained from an obstetrician, neuro-radiologist, paediatric neurologist and sometimes neo-natologist and midwife. If it has not already been done, detailed magnetic resonance imaging (MRI) scans may have to be arranged to confirm the precise location and nature of the brain injury, help pinpoint when it occurred as well as rule out congenital causes.

Rarely do the first set of experts’ reports cover all of the issues and answer all of you and your lawyers’ questions. A conference is usually essential with a specialist barrister or QC to bring the experts around a table with you to analyse what happened and whether there is evidence to enable a claim to be brought with reasonable prospects of success.  For some parents and carers finding out that a lifelong disability was not caused by culpable avoidable human error is itself a source of relief.

For those who do have a valid claim, much work is then needed to gather the evidence and present it is the best possible way provided by the law.

Above all, it’s important that your legal team are not only technically expert and on the ball but also caring and sensitive to what you are going through. You also need them to recommend experts who you can absolutely trust and who have experience not only in their chosen specialty but also in giving evidence in court.

Part of our role at Access Legal in supporting your family when making a cerebral palsy claim is to prepare you for what's going to happen in the future. No amount of compensation will ever make up for substandard care that caused your child a lifetime of dependency on others. However, our team at Access Legal can at least ensure that your son or daughter is provided with all the help required for a loving, secure and fulfilled life tailored to their particular condition and circumstances to unlock their own full potential.

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