Dyskinetic cerebral palsy judgment - hospital negligence during birth

Our client

Toby* (now five years old) was injured when delays during his birth meant that his brain was deprived of oxygen, causing a hypoxic ischaemic injury, and resulting in dyskinetic cerebral palsy.

A child with dyskinetic cerebral palsy may make movements they don’t mean to make, and will not have complete control over their body when sitting and standing. Although Toby is currently able to move around, unfortunately the hypoxic ischaemia brain injurymeans that he has dexterity problems and is likely to need a wheelchair in the future. Toby also has difficulty speaking and suffers from some behavioural difficulties as a result of his birth injury.

The result

Thanks to the work of our specialist cerebral palsy claim solicitors the hospital admitted full responsibility for the hypoxic ischaemic injury that caused Toby’s dyskinetic cerebral palsy.  Although Toby is too young for the full extent of his cerebral palsy to be understood, short-term temporary payments are being made to Toby’s family until the birth injury compensation claim can be accurately valued.

The claims process

After Toby’s parents contacted Boyes Turner in 2008 we began looking into the reasons behind Toby’s birth injury. 

Our cerebral palsy claim solicitors studied medical reports for Toby and his mother that covered how Toby was delivered and the time leading up to his birth. We also requested opinions from a range of medical experts and professionals.  These experts were looking at the problems experienced during Toby’s birth and how the hypoxic ischaemic injury that caused the dyskinetic cerebral palsy could have been avoided.

In 2010, our specialist cerebral palsy claim solicitors contacted the hospital to show how we believed the hospital negligence had come about.  This included how the delays in responding to problems during Toby’s birth, which led to a delayed caesarean section delivery, resulted in the birth injury that caused Toby’s cerebral palsy.

Did the hospital admit fault?

The hospital admitted full liability for the hypoxic ischaemia brain injurywhich resulted in Toby’s dyskinetic cerebral palsy.

The future for Toby

Toby is only five years old, too young for compensation for his birth injury to be accurately valued.  However, he and his family have received temporary short-term payments in the meantime and will benefit from a full compensation package in the future.

*All names have been changed for client privacy.