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Information provided on this page may be distressing for some users. Please navigate with care.
What you'll find on this page:
- Understanding medical negligence
- Common types of medical negligence claims in Brisbane
- How to identify medical negligence
- How do you prove medical negligence?
- The legal process for medical negligence cases in Brisbane
- Meet some of our medical negligence clients
- Why Maurice Blackburn
- Frequently asked questions
- Meet our Brisbane team of medical negligence lawyers
- Contact a Brisbane medical negligence lawyer
Understanding cerebral palsy
Cerebral palsy is the most common physical disability in childhood, with one in 700 Australian babies diagnosed with the condition and around 34,000 Australians living with the condition (Cerebral Palsy Alliance).
Cerebral palsy doesn’t have one single cause and for many babies born with it, the cause remains unknown. However, certain issues may occur during a woman’s pregnancy, as a baby is being born, or after the birth, which can cause cerebral palsy.
Impact of cerebral palsy on individuals and families
Cerebral palsy is a complex disability that impacts movement and posture and can also affect intellectual function. In some people, it presents as a weakness in one hand. In others, cerebral palsy can mean a total lack of voluntary movement. Many people with cerebral palsy also live with related communication, hearing, mobility and vision needs.
- 25% of children with cerebral palsy can’t walk
- 25% can’t talk
- 25% have epilepsy
- 50% have an intellectual disability.
Cerebral palsy can lead to a lifetime of medical treatments, therapies, and assistive devices. Families often face emotional, physical, and financial challenges in providing care and support.
Legal definitions and patient rights
Understanding your legal rights is critical in pursuing a cerebral palsy compensation claim. Medical malpractice, negligence, and patient rights are defined by laws designed to protect you and ensure you receive fair compensation.
Our expert cerebral palsy lawyers understand these important definitions to help you receive the compensation and support you are entitled to.
Causes of cerebral palsy due to medical negligence
Cerebral palsy can arise from complications during pregnancy and birth. Medical negligence, such as failure to monitor foetal distress, excessive contractions, failing to expedite delivery or improper use of delivery instruments, can lead to this lifelong condition.
Delayed diagnosis of complications during birth or early infancy can significantly impact future health outcomes, including a cerebral palsy diagnosis. Prompt medical intervention is crucial and delays due to negligence can cause irreversible damage, including cerebral palsy.
Proper prenatal care is essential for the health of both mother and baby. Negligence in providing adequate prenatal care, including failing to address infections or other health concerns, can contribute to the development of cerebral palsy.
Filing a cerebral palsy compensation claim
Maurice Blackburn continues to act for clients who have been diagnosed with cerebral palsy that was caused by events before, during, or after birth that were not appropriately managed by the medical staff and hospitals in charge of their care.
Steps to start your claim:
Starting a cerebral palsy compensation claim involves:
- Consultation: Speak with a cerebral palsy lawyer to discuss your case.
- Investigation: Gather all relevant medical records and evidence.
- Filing the Claim: Your lawyer will file the necessary paperwork to initiate the claim process.
Process for making a claim
Our expert cerebral palsy lawyers help you understand what records and evidence you need, any time limits or deadlines you need to be aware of and will help you navigate all the steps you need to take to make a compensation claim.
Gathering evidence and medical records
Collecting comprehensive medical records and evidence is crucial. This includes prenatal, birth, and postnatal medical documents, as well as expert evidence to support your claim.
Meet legal timelines and deadlines
There are specific legal timelines and deadlines for filing a cerebral palsy compensation claim. It is essential to act promptly to ensure your claim is filed within the statute of limitations.
What to expect during the claims process
The claims process involves investigation, negotiation, and potentially court proceedings. Your lawyer will guide you through each step and advocate for your best interests.
Contact us for a free consultation
Contact us to schedule a free consultation with one of our cerebral palsy lawyers. Our process is confidential and supportive, ensuring you feel comfortable and informed every step of the way.
During your first meeting, we will gather information about your case, answer your questions, and outline the claims process so you understand the next steps to make a cerebral palsy compensation claim.
Calculating compensation for cerebral palsy claims
Calculating cerebral palsy compensation involves assessing the medical expenses, pain and suffering, future care costs, and loss of earnings. Our lawyers have helped many families impacted by cerebral palsy caused by medical negligence and we understand each case is unique.
We work diligently to ensure you receive fair compensation that can help support your family’s ongoing needs.
Types of compensation available
Compensation covers the cost of medical treatments, therapies, surgeries, and assistive devices required for managing cerebral palsy.
You may be entitled to compensation for the physical and emotional pain and suffering caused by medical negligence.
Future care costs related to a cerebral palsy diagnosis, including ongoing medical treatments and support services, are considered in the compensation.
If cerebral palsy impacts the ability to work, compensation can cover lost earnings and reduced earning capacity.
The legal support you need for a successful claim
When cerebral palsy results from medical negligence, we help families access the compensation they need. Financial compensation helps families provide tailored, quality treatment and support to complement their vital role as carers and allows their child to achieve the best possible outcomes through possible early access to therapies and medical intervention.
If you (or a loved one) are affected by cerebral palsy, you may be eligible to claim under the National Disability Insurance Scheme (NDIS). The NDIS provides funding for the support and services you may need.
If the cerebral palsy has been caused by a medical event, you may be entitled to additional compensation and support. Our team of expert medical negligence lawyers are here to help achieve the best possible cerebral palsy compensation outcome.
Our approach helps families affected by cerebral palsy feel heard
Our lawyers have extensive experience in handling cerebral palsy and medical negligence cases, ensuring expert representation.
We can help connect families with support groups and organisations that provide resources, advocacy, and community support to help you navigate the complex impacts of cerebral palsy.
Experienced medical negligence lawyers
Our team of experienced Medical Negligence lawyers have a deep understanding of cerebral palsy and proven experience supporting impacted families and individuals.
If you (or a loved one) has been impacted by a cerebral palsy diagnosis due to medical negligence, our experienced medical negligence lawyers help you access the compensation and support you need.
Personalised and compassionate legal support
We offer personalised and compassionate legal support and understanding the emotional and physical toll cerebral palsy takes on families.
With our expert cerebral palsy compensation lawyers by your side – every step of the way – you can achieve the best possible outcome to access the support you need.
No win, no fee cerebral palsy claims
Our team of dedicated medical negligence lawyers have an outstanding record of winning fair compensation for our clients on a 'no win, no fee' basis.
Our policy ensures you can pursue your claim without any personal financial risk. You only pay legal fees if we successfully secure compensation for you.
Reach out to Maurice Blackburn today to discuss your cerebral palsy compensation claim and secure the justice and compensation you deserve.
Meet some of our inspiring medical negligence clients
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Brain Injury Awareness Week: Lani’s Story
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Frequently asked questions about cerebral palsy claims
Cerebral palsy can be caused by medical negligence during pregnancy, birth, or early infancy, including improper use of delivery instruments, excessive contractions, failure to expedite delivery, failure to monitor foetal distress, and inadequate prenatal care.
The duration of a cerebral palsy compensation claim varies, depending on the complexity of the case. It can take between several months to a few years to resolve.
Our experienced cerebral palsy compensation lawyers take the time to listen to you and the impact of cerebral palsy has had on your family. Understanding the unique details of your individual circumstances helps us provide a more accurate estimate of how quickly we can help look after your medical negligence compensation claim from start to finish.
Yes, having a specialised medical negligence lawyer significantly increases the chances of achieving a successful cerebral palsy claim to receive the financial compensation and support you are entitled to.
Our lawyers have the expertise to navigate the legal complexities and advocate for your rights.
Even if the cerebral palsy was diagnosed years ago, you can make a cerebral palsy compensation claim – provided it falls within the legal statute of limitations. Our empathetic and experienced cerebral palsy lawyers will help determine your eligibility.
Yes, parents or legal guardians can file a cerebral palsy compensation claim on behalf of their child.
Our medical negligence lawyers on a 'no win, no fee'* basis, meaning you don't have to pay our legal fees if your claim is not successful.
Your first consultation is also obligation-free, so speak to one of our specialist medical negligence lawyers today.
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Contact our team of experienced personal injury lawyers today
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.
Bruce's story
"The decision to use Maurice Blackburn was the best decision we ever made."
When Bruce went to see his doctor, he had an examination and a test done. Unfortunately, that test wasn't interpreted properly and that led to a delay in him being diagnosed with stage four melanoma of around two years.
Bruce and his lawyer, Libby Brooks, discuss Bruce's case and his experience with Maurice Blackburn.