Can I claim compensation for cerebral palsy at birth on behalf of my son, who I believe was the victim of medical negligence?
You could be entitled to claim compensation for cerebral palsy at birth on behalf of your child if your son has been the victim of negligence while in hospital. You are both entitled to a duty of care from the team performing the delivery of your child, who should ensure that your son does not sustain a cerebral palsy accident at birth. A claim could therefore be possible if the medical professionals at hand failed to perform their duty of care and your son sustained a cerebral palsy injury at birth as a result. You are advised to contact a personal injury solicitor to assess your son’s claim for cerebral palsy at birth and determine whether you have valid grounds to make a claim.
Under current Irish law, a legal minor cannot initiate a claim for compensation for cerebral palsy at birth until they have reached the age of eighteen, nor can they instruct a solicitor to initiate a claim on their behalf. While two years are provided from their eighteenth birthday, it is possible that compensation will be required to cover the medical costs of their cerebral palsy injury at birth or for educational requirements. For this reason a claim for cerebral palsy at birth can be initiated by a parent or guardian acting as a “next friend” at any stage between the accident itself and the child’s eighteenth birthday. While this means that a claim for a cerebral palsy accident at birth can be made at any point until the child’s twentieth birthday, it is advised that a claim is made at the earliest opportunity to ensure that evidence is still readily available and memories are still reliable when the claim is made.
Before pursuing compensation for cerebral palsy at birth on behalf of a child, a next friend must first receive approval from a judge. It is also essential to note that should a claim for cerebral palsy accident at birth be unsuccessful, the next friend must accept any financial liability which may arise as a result. In the event of a successful claim for cerebral palsy at birth, the compensation awarded will first need to be approved by the judge and then paid into court funds, where it will remain until the child reaches the age of eighteen. However compensation for a cerebral palsy injury at birth can be released upon application to the court to pay for medical costs or educational requirements.
Making a claim for cerebral palsy at birth can be challenging as it must be determined that – given the circumstances of the accident in question – an injury could have been averted. This will be established by a medical expert who will assess the claim for cerebral palsy injury at birth and determine whether negligence had occurred or if an injury was unfortunately inevitable. With the guidance of a personal injury solicitor, you will have your claim assessed and significantly increase the likelihood that your son may receive the compensation for cerebral palsy accident at birth to which he is entitled. To ensure that a strong claim for compensation for cerebral palsy at birth can be prepared, you are advised to seek professional legal advice at the earliest opportunity following your child’s injury.