If your child has cerebral palsy and you believe that this was caused by medical errors during pregnancy or birth, you are likely to be entitled to make a claim for compensation on their behalf P A Duffy & Co Solicitors are specialists in cerebral palsy claims.
Cerebral palsy refers to neurological conditions arising from brain damage and which affect movement, muscles, balance and posture. It can cause learning and developmental difficulties, problems with eating and issues with vision and speech. It can also be caused later on in childhood, for example, if a child contracts meningitis or suffers a head injury.
The amount of compensation in a cerebral palsy case is generally substantial, to take into account the extent of care that will be needed over a child’s lifetime.
At P.A Duffy & Co Solicitors, our medical negligence team can represent your child in bringing a claim for compensation. We know how important it is to secure a payment that will support your child for the rest of their life and you can be assured that we will work tirelessly to achieve the right outcome.
Speak to our cerebral palsy claims solicitors in Dungannon, Belfast and Dublin.
For a free initial consultation with one of our expert cerebral palsy claims lawyers, call us on 028 8772 2102 (UK) or 01 533 7860 (IE). We will talk through your child’s case with you and discuss what the first steps are in bringing a cerebral palsy damages claim. We can also answer any questions you may have.
When cerebral palsy occurs
It is often the case that the reason a child has cerebral palsy cannot be identified. It may be that it has arisen during pregnancy, for example, because of a bleed on the brain, and no-one is to blame. In some cases however, medical failings may play a part. This is very difficult for parents to hear and you will no doubt want someone to be held accountable.
While there sadly is no way to undo the damage that has been done, by securing the best possible compensation for your child, you can ensure that they have the care they need for the future.
Circumstances that can give rise to cerebral palsy include:
Insufficient oxygen at birth, which could have been avoided
Inadequate monitoring of a baby’s heartbeat during birth
A delay in delivering a baby
An infection in pregnancy that was not diagnosed or was not adequately treated
Low blood sugar levels in the baby after birth, referred to as neonatal hypoglycaemia) that was not noticed or not adequately treated
Jaundice that was not properly treated
If you believe that you or your baby may have received inadequate care or issues were not spotted and dealt with in time, you are strongly advised to speak to a legal expert.
If you ask us to represent you, we will ask our medical experts to look at your baby’s medical history in detail as well as carrying out examinations. Where we believe that a valid claim exists, we will prepare a strong case on your behalf and notify your healthcare provider that a claim for cerebral palsy compensation will be made.
Cerebral palsy claims FAQs
We know that you probably have many questions about bringing a cerebral palsy nhs claims. Below are the answers to some of the most common questions we are asked, but we are also happy to speak to you over the phone if there are other points you would like to discuss.
How long do cerebral palsy claims take?
Cerebral palsy is a complex condition and in some cases, it can take years to fully understand the extent to which a child has been affected and the level of care they may require throughout their life.
To ensure your child is adequately compensated, it may be advisable to wait to settle the claim until there is sufficient medical evidence available in support.
If your child’s claim is likely to be lengthy, we can ask for interim payments to be made in the meantime so that you can afford the help you need and pay for other expenses, such as adapting your home and providing specialist equipment.
How much compensation is paid for cerebral palsy claims?
The amount paid will depend on the level of care your child is likely to require for the rest of their life. Other points will be taken into account, such as their quality of life and whether a parent has had to give up their career to become their child’s carer.
We can discuss with you the sort of compensation you might receive, as well as issues such as how the payment will be made. For example, you could opt for your child to receive index-linked payments for life, which gives you the reassurance of knowing that their care will always be paid for.
How do I make a cerebral palsy compensation claim for my child?
The first step in bringing a cerebral palsy claim is speaking to a medical negligence solicitor. If you would like us to take your case, we will start by collecting evidence of what has happened, to include medical records, and advising the relevant health authority that you will be making a claim on behalf of your child.
We will put together a robust case and determine whether the health authority will be admitting liability. If they do admit liability for what has happened, we can consider issues such as interim payments.
We will continue to have your child assessed by our medical experts so that a final sum in compensation can be agreed upon. If when the time comes, we do not believe that enough compensation has been offered, we can take your case to court. It is often the case however that cases can be settled out of court.
Contact our cerebral palsy solicitors in Dungannon, Belfast and Dublin Our cerebral palsy lawyers have a strong track record of success in securing compensation for children where medical negligence has occurred.
Conal became the youngest legal director in Ireland when he was appointed director in 2017. He qualified as a Solicitor in 2014 having graduated from Queen’s University where he received the Lord Chief Justice’s Prize for academic achievement.
He practices in both Northern Ireland and the Republic of Ireland. He is an expert in the areas of human rights, dispute resolution, medical negligence, fraud & financial crime.
He is regularly instructed in the most serious and high-profile cases within Northern Ireland the Republic of Ireland. He currently represents clients in cases pending before the European Court of Justice in Luxembourg, the Supreme Court in London and the Special Criminal Court in Dublin. Conal also tutors in the areas of public law and medical negligence at Queen’s University, Belfast.
Conal is also instructed in challenges against State authorities in Northern Ireland and the Republic of Ireland in respect of failures to establish Public Inquiries to investigate the handling of the Covid-19 pandemic in each jurisdiction. He is also the Recognised Legal Representative for NI Covid Bereaved Families for Justice in the UK Covid-19 Public Inquiry which is due to begin hearings in May 2023 in London.
Conal represented his county, Tyrone at minor level where he won an Ulster Championship medal. He has also won McRory Cup & Hogan Cup medals with his school, St Patrick’s Academy, Dungannon.
Notable cases
In the matter of an application by JR79 for Judicial Review & in the matter of decisions taken by a school and a Health & Social Care Trust – Judicial Review, High Court Northern Ireland – Article 8 – judgment granted in favour of client (child).
In the matter of an application by TKF for Judicial Review – Judicial Review, High Court Northern Ireland – challenge to EU Regulation 4/2009 on the application & enforcement of foreign maintenance orders prior to member state becoming a member of the EU
In the matter of an application by Tadeusz Stach for Judicial Review – Judicial Review, High Court Northern Ireland – challenge to the Conservative Government policy of homeless EEA nationals
In the matter of an application by Raymond Archer for Judicial Review – Judicial Review, High Court – challenge to access to budgeting loan for a class of benefit recipients (264,000 individuals)
In the matter of an application by BMN1 for Judicial Review – Judicial Review, High Court Belfast – challenge to school/Education Authority on a decision to exclude a child with Special Educational Needs (SEN) from school/ failure to make proper educational provision
Barbara Kozyra v St James Hospital, Dublin – Medical negligence, High Court Dublin – stem cell transplant mistake resulting in avoidable death – substantial settlement
MB v Belfast Health & Social Care Trust – Medical negligence, High Court Belfast – significant injuries due to failure to administer required treatment – substantial settlement
RJ v Southern Health & Social Care Trust – Medical negligence, High Court Belfast, stroke resulting in significant brain injury
MJ (a child) v Belfast Health & Social Care Trust – Medical Negligence, High Court Belfast – catastrophic birthing injury
Southern Health & Social Care Trust v RK and in the Matter of RM (a child), Care Proceedings & Freeing for Adoption (defending) – High Court Belfast
Southern Health & Social Care Trust v LA and in the Matter of PA & RA (a child), Care Proceedings & Freeing for Adoption (defending) – High Court Belfast
Southern Health & Social Care Trust v PD and in the matter of PS & PR (a child) – Care Proceedings, High Court Belfast
R v M & others, ongoing allegation MTIC £39 million fraud
R v F & others – ongoing allegation of a £215 million money laundering
Hickson Commission – Public Inquiry, Dublin (ongoing) – The Commission will inquire into the level of knowledge of the offences committed by notorious paedophile Billy Kinneally was held by a number of organisations including An Garda Siochana, the Waterford Diocese, the South Eastern Health Board, Basketball Ireland and high profile political figures
In the Matter of a Preliminary Reference under Article 267 TFEU from the Court of Appeal in Northern Ireland to the European Court of Justice, Luxembourg – Case Number 1132471 EN Preliminary Reference C-729/19
R v Djalo & Ors – Murder
R v Lawlor & 2 ORS – Rape
R v SB – Rape
Judicial Review 18 Applicants -v- An Taoiseach, Minister for Health, Minister for Finance, Attorney General Ireland – challenge to the Republic of Ireland Government’s failure to hold an investigation into nursing home deaths during Covid-19 pandemic
Recognised Legal Representative for NI Covid 19 Bereaved Families for Justice – UK COVID-19 Public Inquiry
Application by Oliver Hughes for Judicial Review and in the Matter of Decisions of The Department for Communities – challenge to the prohibition on the operation of private crematoria in Northern Ireland
Conal McGarrity was last modified: March 6th, 2023 by Chris Rowan
Gary trained and worked in a prestigious law firm in Cardiff and was fortunate to work on a challenging portfolio of cases, some of which attracted the attention of the national press before joining a leading Law firm based in the Southwest of England.
Gary returned to Northern Ireland in 2003 and joined a Belfast based Practice which specialised in the provision of legal advice to the Health Service. This involved providing advice across a broad spectrum of legal issues to include the defence of medical negligence actions, defence of Judicial Review actions, advice and representation at inquests, advice in respect of Public Inquiries as well as providing advice in respect of employment law, public family law and litigation.
In the past Gary has been a guest lecturer at UUJ Jordanstown, has given presentations to medical students at QUB as well as having been a guest speaker at conferences arranged by the health service.
In his early 30’s Gary established a Belfast based legal practice which was at that time the largest single private provider of legal services to the Health Sector in NI. Gary was the senior partner in that Practice before establishing Gary N Daly Solicitors Limited in 2009 in which he developed a province wide client base before joining P A Duffy Solicitors in 2022.
Gary is a qualified solicitor advocate; he enjoys representing clients’ interests in court and has assisted with the Law Society Advocacy course for a number of years.
Gary is pleased to have joined the established and expanding team of solicitors specialising in medical negligence cases at PA Duffy Solicitors.
Gary hopes that his experience acquired in this specialist area of law will add to the delivery of what has become a leading expert team in Northern Ireland & Dublin.
Gary Daly was last modified: September 21st, 2022 by Conal McGarrity
Enda joined PA Duffy & Company as a paralegal in 2018 having graduated from Queens University Belfast with honours. After completing his apprenticeship with PA Duffy and Company Enda qualified as a solicitor and is now head of the Healthcare department in the firm.
Enda’s caseload consists of high value medical negligence claims, historical abuse claims, Inquests and Judicial Review. He is also instructed in various challenges against State authorities in Northern Ireland and the Republic of Ireland in respect of failures to establish Public Inquiries to investigate the handling of the Covid-19 pandemic in each jurisdiction.
Enda has a strong sense of justice and is always keen to assist the most vulnerable people in society. During his training Enda took part in a 5-week human rights internship in Cape Town, South Africa where he provided legal assistance to refugees and members of the LGBTQI community who were being subjected to discrimination. He continues to carry these values in his current workload by representing the interests of vulnerable care home residents, bereaved families, victims of historical abuse and those who have suffered significant injuries as a result of medical negligence.
Enda is a keen Gaelic footballer, he has represented County Tyrone at Minor level and continues to play for his club Galbally Pearses GAC. Enda has received an Ulster Colleges All-star award and was a member of the Elite Athlete Programme at Queens University Belfast. He is also an active member of a charity called St Ciaran’s Peregrini who provide aid to a small town in Zambia and he has visited Zambia on three occasions to assist on various community projects.
Notable cases
Murphy & Ors -v- An Taoiseach & Ors 2021/727JR: Ongoing Judicial Review challenge against the Irish State in respect of the failure to establish a public inquiry or another suitable investigation in to the handling of Covid-19 in Ireland;
Covid Bereaved Families for Justice NI – instructed to represent bereaved families at a public inquiry in to the handling of Covid-19 in Northern Ireland and/or the UK;
SW v OLSPCK – Judicial Review challenge against the decision of a secondary school to unlawfully remove a child from their pupils register. The challenge was conceded by the respondent and the child was re-admitted to the school;
Blessing Marindo v Department of Home Affairs for South Africa – Judicial Review challenge against the Department’s decision to withdraw refugee status and deport a blind refugee who was fleeing political violence in Zimbabwe. The challenge was conceded by the Respondents. Our client’s refugee status was reinstated and he was granted leave to remain in South Africa. Enda was an intern for an NGO known as PASSOP and worked in conjunction with the Legal Resources Centre in Cape Town.
RP v KP – Road traffic accident case involving life threatening injuries where settlement of €300,000 was achieved for our client in the High Court in Dublin;
TS v AC – Accident at work case involving serious knee and leg injuries where settlement of £125,000 was achieved for our client in the High Court in Belfast;
AM v EF – Accident at work case involving serious hand injury where settlement of £100,000 was achieved for our client in the High Court in Belfast;
PL v AG – Accident at work case involving serious head injury where settlement of £100,000 was achieved for our client in the High Court in Belfast;
Enda McGarrity was last modified: March 26th, 2022 by Conal McGarrity
Danielle joined P.A. Duffy and Company in August 2020 as a Legal Executive. She then started her Solicitor training in September 2021 through the Institute of Professional Legal Studies and is due to qualify as a Solicitor this year in October 2023. She is currently working with the Covid Inquiry Team, Criminal Department, and Litigation Department.
She graduated from Queens University Belfast in 2018 with LLB Honours and she then proceeded to complete her Masters in Law at Trinity College, Dublin in 2019. She then moved to New York to gain experience in the legal field before sitting the New York Bar Exam in 2020. Danielle therefore has knowledge and experience of the law across three jurisdictions- UK, ROI, and USA.
Her core principle and value is to enhance the lives of others through her work. She believes that her values will both help and heal others. She views the legal profession as a healing profession which reconciles clients with their appropriate remedy.
Outside of work Danielle is passionate about the gym and yoga. She is a caffeine enthusiast and loves to spend time with her nearest and dearest as well as her little Irish doodle, Millie. She loves to travel when she gets the opportunity and try different restaurants. It is a daily requirement for Danielle to hit her steps. All of her personal activities enable her to lead a rich, full, and meaningful life which contributes to the quality of her work in the legal field.
She is studying reflexology and will be a fully qualified and accredited advanced reflexologist in 2023. She hopes to implement this into the lives of others including her work colleagues, family and friends.
Danielle Garrity was last modified: June 12th, 2023 by Conal McGarrity
Naomi joined P.A. Duffy and Company Solicitors in March 2023 as a final year Trainee Solicitor following completion of exams at the Institute of Professional Legal Studies. She completed the first part of her apprenticeship in the public sector, with high-value employment law cases and healthcare litigation as her main focus. She is currently working in our Medical Negligence Department.
She graduated from Ulster University in June 2021 with LLB Honours. Throughout her degree, Naomi worked in a general practice as a paralegal. She then proceeded to the Institute of Professional Legal Studies and began her studies as a Trainee Solicitor in September 2021.
Naomi is an approachable, highly motivated and results-driven legal professional and her main aim in her work is to achieve results for her client in a timely and effective manner.
Outside of work, Naomi likes shopping and socialising, as well as the gym and coffee dates with friends. Sunday walks with her Maltese dog Cooper are a must. She enjoys travelling and staycations and is sure to be able to recommend a hotel for you to visit in Ireland!
Naomi White was last modified: September 7th, 2023 by Conal McGarrity
