Injury to the brain in the pre-natal period or in the early years of life may result in cerebral palsy, a general term covering several neurological, non-progressive disorders that result in physical disability during a child’s development. Brain injury can also result in other non-progressive neurological disorders, such as global developmental delay.

In the majority of cases, brain damage is an unavoidable consequence of disease or trauma. If a baby is born with a brain injury, it may be because of a known problem, such illness during pregnancy, or problems in the developing foetus. However, in many cases the treating doctors are unable to explain why the damage occurred. This may be because medical science does not yet have the answer.

In some cases, a legal investigation reveals that the brain injury was caused by inadequate medical care during the mother’s pregnancy, the baby’s delivery or the child’s later medical management.

A child is entitled to financial compensation (damages) if it can be shown that he or she sustained a brain injury as a result of negligent medical treatment. Generally, the damages awarded will go a long way towards securing the care, accommodation and equipment that the child needs in growing up and during adulthood.

The most common circumstances giving rise to a claim for compensation for clinical negligence for brain injured children are:

• Negligent medical treatment during the mother’s pregnancy or the baby’s delivery.
• Negligent medical treatment in the neonatal period – the first 28 days after birth.
• Negligent medical treatment during acute illness, such as meningitis.
• Negligent management of a head injury.

It can be difficult to know whether to take legal advice, particularly when time and energy are taken up with the every day care of an injured child as well as meeting the needs of other family members. It may seem daunting to make the decision to take advice when you are reliant on the NHS for your family’s on-going medical needs and are uncertain whether a claim would be justified.

You should consider taking legal advice if you have concerns about the treatment you received during pregnancy, delivery or the care of your child in neonatal period, or during an episode of acute illness, or on any other occasion which preceded the signs of brain injury.

We are happy to talk through any such concerns and to give you initial telephone and face-to-face advice without any obligation on your part to take things further.

Talk to a partner

Cecily Cameron, head of the clinical negligence team, is a member of the Law Society’s specialist panel of clinical negligence solicitors and of the AvMA referral panel of clinical negligence solicitors.

• We do not charge for our initial telephone advice.
• We do not charge for the first interview, when we will have an in-depth discussion about your case and advise you on all your options.
• We will see you at home if that is more convenient.
• We do not charge for the work associated with organising funding for the claim.
• We hold the Legal Services Commission Specialist Quality Mark in Clinical Negligence; this entitles us to apply for legal aid on your child’s behalf. Almost all children qualify for legal aid, as they are assessed on their own income and not that of their parents.

For further information, please contact Cecily Cameron