Cerebral Palsy – What difference will compensation make?

Sadly, it is impossible to turn back the clock after an act of medical negligence. While we cannot change the past, we can help you to obtain compensation that will substantially improve the future.

The purpose of compensation is to put the injured person into the position which they should have been in had the negligence not occurred. In the case of a child with Cerebral Palsy, this means providing the financial support to allow the claimant’s needs to be met for life. This is often a real worry for parents, who fear what may happen as they age and become unable to care for the child.

In cases of Cerebral Palsy, the role of compensation is critical. The compensation they receive following a successful claim will ensure that they, and their parents and siblings, can live fulfilling and positive lives. It will help them with the essentials, but also with accessing activities and sports which might otherwise be barred to them.

But how exactly does compensation make a difference following a Cerebral Palsy claim? Here we will outline exactly what that compensation can purchase in order to give those affected the best quality of life possible.

Although Cerebral Palsy is a non-progressive condition (meaning it does not worsen with age), the severity of the brain injury may have a dramatic impact on the child’s motor, educational and psychological development.

Among the possible implications of a Cerebral Palsy diagnosis are:

• Problems with mobility, which may mean that aids and equipment such as AFOs, walkers or a wheelchair are required
• Difficulty with communication
• Pain caused by problems resulting from abnormal postures such as contractures, skin breakdown and scoliosis
• Difficulty with swallow which can present problems with taking in nourishment orally or mean difficulty dealing with secretions, both of which must be addressed
• Learning difficulties
• Hearing impairment or deafness
• Visual impairment or blindness
• Behavioural difficulties and emotional problems
• Increased risk of epilepsy
• Abnormalities of the spine or hip
• Reduced or absent bladder or bowel control

The combination of symptoms suffered by each child will vary as will the severity of those symptoms. The range is from someone who attends a mainstream school and is able to access work and normal activities with very little by way of assistance or aids, to someone who is unable to do anything for themself and requires 24-hour care.

However, it should not be overlooked that Cerebral Palsy not only affects the child, but also the parents, siblings, other family members and friends. These people will also have their lives altered dramatically in order to provide the care and support that the child needs.

Once a Cerebral Palsy claim is made, the medical negligence solicitor will collaborate with various specialists to determine the medical status of the claimant and what equipment, renovations, therapies and more will be required to best support them moving forward so that the cost of this can be calculated.

To do this the solicitor will need to:

• Obtain a report from a paediatric neurologist that will set out the child's current condition and prognosis for the future
• Obtain any other necessary medical reports which may be needed in order to determine what the child needs now and may require in the future, such as from an orthopaedic surgeon
• Obtain a report from a care expert which will calculate the free care provided by the parents and then consider what would be a proper care regime for the future
• Obtain reports from therapists such as a physiotherapist, a speech and language therapist and an occupational therapist who will consider what treatments and therapies the child will require now and in the future
• Obtain an accommodation report from an architect which will set out what accommodation is required to meet the needs detailed in the various reports and then look at how that goal can be achieved. This is often via the purchase of a property which then requires adaptation
• Obtain a report from an educational psychologist. This will help to determine what the child is likely to have earned and also what they are now able to do – whether by way of sheltered work, volunteering or hobbies

These various costs are then placed into a schedule, which will set out both the initial purchase costs and the ongoing costs of maintenance and replacement.

Once figures have been agreed between the parties, or a court has determined how much the claimant is to receive, the award will be split. There will be an initial lump sum and then annual payments, known as periodical payments, to cover the yearly costs of care and therapies. This ensures that the child’s needs will be covered for life.

The use of periodical payments is designed to benefit both parties. Parents can be reassured that their child will continue to be cared for even after they are unable to do so anymore, and defendants can be sure that the payments are made for as long as needed but no longer.