Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
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Cerebral palsy is a disorder that affects the brain and causes motor deficiency. Cerebral refers to the part of the body affected, and palsy refers to paralysis, as an area of the brain is dormant or paralysed, leading to either partial or complete muscle paralysis.
The brain damage usually happens before, during, or shortly after birth and can end up being a lifetime disability for the affected child. Sometimes cerebral palsy is a term that includes several different movement-and-brain-related disabilities, but generally, there are three kinds of cerebral palsy: spastic cerebral palsy, Athetoid cerebral palsy, and ataxic cerebral palsy. Spastic cerebral palsy includes stiffness and a problem moving limbs. Athetoid cerebral palsy involves involuntary, uncontrolled, and sometimes abnormal movements. Ataxic cerebral palsy includes problems with a sense of balance, depth-perception, or walking.
Tests that confirm cerebral palsy include blood tests, a cranial ultrasound that can help the doctors see an image of the brain tissue, an MRI that allows physicians to see resonance and density in relation to the brain tissue, and a CT scan, which is an in-depth, 3D scan of the baby’s brain.
Cognitive assessments and medical observations are also used to help confirm cerebral palsy. Additionally, evaluations of the child’s mobility, speech and language, hearing, vision, gait, and feeding and digestion are utilized to determine the disorder. Keep in mind, however, that a cerebral palsy diagnosis takes time, sometimes up to several years after a brain injury takes place. Furthermore, there isn’t a single test that can completely confirm or completely exclude cerebral palsy. Instead, a combination of a series of tests, observations, assessments, and evaluations are used to help diagnose the disorder.
Cerebral palsy is marked by spastic movements, a lack of muscle control, and sometimes the inability to use muscles, and is often determined by abnormal, slow, writhing movements that the child cannot control. Additionally, muscle tone varies between floppy and stiff, which also could result in the use of some muscles over others. Other signs that your child may have cerebral palsy include missing developmental milestones and/or intellectual disabilities.
It is advisable for you to speak to an experienced team of Medical Negligence Solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
After the consultation with your medical negligence solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the part of the medical professional.
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital.
The legal time limit to make a medical negligence claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence. For children/minors, the time limit expires two years after their 18th birthday. You may contact a solicitor to discuss your case and advise you of the statute of limitations applicable to your case. Learn more
Claiming a cerebral palsy birth injury can be a traumatic experience, as the process for making a claim can be emotionally distressing for the parents, and the claim effectively accuses people you placed your trust in during the delivery process of not fulfilling their duty of care.
A birth injury compensation claim also has to consider the consequences of the birth injury – both physical and psychological – and take into account the high level of care that your child may need for the rest of their lives. Once liability has been established in a claim for a birth injury, it can still take a considerable period of time for the value of the claim to be accurately calculated while the impact on your son or daughter’s life is assessed.
During this time, you may be able to apply for interim payments of birth injury compensation to help you through any financial hardship. You should discuss this with your solicitor to obtain your child’s best medical and educational support. All parents of children with cerebral palsy and other birth injuries need to have their cases professionally investigated where they feel the condition may result in medical negligence.
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