Our team of Medical Negligence Solicitors understand the effects - both physical and mental - of birth injury on the child, the mother and the family.
That’s why we aim to make the process of claiming compensation for Cerebral and Erb’s Palsy as stress-free as possible.
We’ll show empathy and speak to you in plain English every step of the way. We’ll use our expert knowledge to advise on all aspects of your case and maximise the amount of compensation obtained, to help you pay for what you and your child need.
Ask us if your claim can be dealt with on a No Win, No Fee basis.
Cerebral Palsy results from brain damage before, during or soon after birth and can affect your child’s motor skills.
It can affect the legs, arms or face, cause problems with walking and general movement or even result in severe disability that requires lifelong care.
Although incurable, Cerebral Palsy isn’t considered to be life-threatening, except in the most profound cases, and can be managed with techniques such as physiotherapy, medication and technology.
Erb’s Palsy is different as it’s not related to the brain. Usually caused by a trauma during birth, it’s a physical disorder that affects the nerves in your child's shoulders.
Also referred to as Obstetric Brachial Plexus injury (OBPi), it can result in loss of feeling, weakness and, in more severe cases, paralysis in the affected arm(s).
While it’s possible for a baby to recover from Erb's Palsy, this isn't guaranteed and for many, it will be a lifelong condition that requires a variety of treatments and therapies to make it more manageable.
As a result of our experience, we’re able to instruct experts to consider all aspects of these types of case and help you make a claim for compensation.
The compensation you receive can help you cover expenses such as:
- Care from family members
- Professional care from employed carers
- Holiday carers
- Accommodation and transport meeting your child’s needs
- Physiotherapy, improving independent living, help with co-ordinating care needs
- Improving your child’s communication (SALT and Assistive Technology)
- Help with finding work and loss of earnings
- Identifying the best type of care and support (including equipment) for your child
- Specialist in-house nursing to deal with early analysis of treatment provided and identification of core medical records
- Care package management
Frequently asked questions
- What is the claims process?
When you contact us for a free consultation, we’ll run you through key information such as the NHS Complaints procedure, as you may have to submit a complaint before taking legal action.
If this applies in your case, we can advise you on the procedure and review the outcome of a complaint. After taking on your case, we’ll work with an independent medical specialist to gauge the full extent of your injuries, as this will help us calculate how much compensation you should be awarded.
If your claim is specific to Cerebral and Erb's Palsy, claims are more complex as they rely on a number of independent experts to carry out a thorough investigation. But, we'll take care of the difficult tasks, from arranging appointments with independent medical experts to supporting you if your case goes all the way to trial.
- What is the claim time limits?
Strict time limits apply for making a medical negligence claim, so you shouldn’t delay in seeking specialist legal advice.
You must either claim within three years of when the incident happened or three years from when you became aware of it (the date of knowledge).
If the date of knowledge can’t be identified, assume that the three-year period runs from the date of the incident.
The time limitation period may in certain cases extend to:
- If an injured person suffers from a temporary mental disability,then time doesn’t start to run until mental capacity has returned
- Those aged under 18 years, the three-year period doesn’t start running until their 18th birthday
- If settlement of the medical claim isn’t reached or application for legal action for damages issued to the Courts by the eve of their 21st birthday, then the opportunity to claim compensation is lost unless the minor suffers mental incapacity
Although the Courts have wider powers to alter the time limits, it is not often that the discretion is exercised.
If you’re claiming following the death of another person, you have 3 years from the date of their death in which to claim.
- How will I pay?
Many clinical and medical negligence cases can be funded through a No Win, No Fee agreement, which is also known as a Conditional Fee Agreement. Ask for details when you get in touch.
- Can I claim compensation?
Medical negligence claims often arise out of the bad or poor management of your healthcare as a patient.
You may have a case if the doctor, nurse or hospital treating you failed to:
- Provide adequate healthcare
- Keep proper records
- Administer medication
- Properly operate hospital machinery
All of the above raises questions as to the adequacy of the treatment you may have received.
For free legal advice call our Medical Negligence Solicitors
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Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.