By Ken Thomas, medical negligence specialist and Welsh Lawyer of the Year at Harding Evans Solicitors

A large chunk of the money paid out by way of compensation by the NHS in Wales every year relates to cerebral palsy claims. In the eyes of many these are the most deserving of all medical negligence cases.

Actual statistics of the incidence of cerebral palsy in Wales are not readily available, however, the cerebral palsy charity Scope suggest that across Great Britain 1 in every 400 children is affected by the condition. In other words, every year 1,800 children are diagnosed with the condition. Here in Gwent many families are affected by cerebral palsy. At any one time. I am acting on behalf of several such families who have decided to seek an investigation.

Living with cerebral palsy can be enormously difficult for both the individual and the family. There are a multitude of support groups/charities that can provide a wonderful source of assistance. However, that rarely extends to financial help. This, in part, explains why many cerebral palsy families seek a medical legal investigation with a view to seeking compensation.

Deciding whether to pursue a potential claim can be a difficult decision for the parents. On the downside these can be rather emotionally draining matters. If a claim gets off the ground, it can last for some years. Additionally, the success rates are not high – only a minority of cases of cerebral palsy will be due to negligence on the part of doctors delivering the baby.

However, where a claim succeeds there is a very obvious plus side. These cases can really make a huge difference to the quality of life of the cerebral palsy affected individual and his or her family. Compensation will be awarded to provide professional care that would probably not otherwise be available. Also to cover the costs of any necessary alterations to the family home and the provision of specialist aids and equipment.

In respect of cerebral palsy claims, the time constraints for taking legal action are often not so pressing. If the Claimant is a child then a claim need not be commenced until their 21st birthday. If the cerebral palsy means the individual lacks mental capacity then there may be no time limit at all to meet. Thus, occasionally I am instructed to investigate claims on behalf of individuals suffering from cerebral palsy who are well into their adulthood.

It must be said, however, that the longer a family leave it to seek legal advice, arguably the more difficult it might be to prove a claim. Indeed, a paper put forward by the Chief Medical Officer last year proposed sweeping changes to the system of clinical negligence claims. Cerebral palsy claims could be most severely affected.

Moreover, whilst currently legal aid exists for these cases we cannot be sure that will be the case in years ahead. There is a consultation paper due to be published by the Legal Aid Board imminently which will consider the future funding of these cases, so if families are thinking of seeking legal advice, now may be the time to do so.