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Payout for medical negligence
01/02/2010
Cerebral palsy claim settled
A landmark payout for medical negligence has been secured by a 28-year-old information technology specialist who is wheelchair-bound as a result of the cerebral palsy he has suffered since birth.
However, it has been a long struggle for the Manchester man in his efforts to secure a payout for medical negligence; with many personal injury solicitors turning down the opportunity to take on his case, saying that, because he had failed to file a claim before his 21st birthday, the statute of limitations would preclude the possibility of a successful outcome.
Despite this, the claimant persisted until he found one firm which said it would proceed with a claim against bosses at NHS North West.
He commented, "I knew I had cerebral palsy from birth, but I had always been led to believe that it was just one of those unfortunate things which could not have been avoided. It wasn't until I was in my early 20s that I started to do some investigating. At that stage I just wanted answers.
"I contacted various legal firms but no one wanted to touch my case because I was over 21 and they told me I was out of time to bring a claim for a birth injury."
A payout for medical negligence was agreed in out out-of-court negotiations between the man's legal team and NHS representatives, with the injury compensation package being worth around £2 million.
However, the solicitors say that, owing to the failure of the NHS to admit responsibility for the man's cerebral palsy, the claim has not had a completely satisfactory outcome. "We remain concerned that the trust has refused to admit liability," a spokesperson said.
