Cerebral Palsy in UK Law

Leading Cases
  • Leo Whiten (A protected party suing by his Mother and Litigation Friend, Samantha Nowell) v St George's Healthcare NHS Trust
    • Queen's Bench Division
    • 05 Ago 2011

    The claimant is entitled to damages to meet his reasonable needs arising from his injuries. In considering what is "reasonable", I have had regard to all the relevant circumstances, including the requirement for proportionality as between the cost to the defendant of any individual item and the extent of the benefit which would be derived by the claimant from that item.

    The paediatric neurologists in this case have assessed the claimant's life expectancy by reference to his mortality risks as a whole, not just those risks associated with his cerebral palsy. This is not one of those cases (such as Tinsley, Crofts or Smith) where the medical evidence relates only to the reduction in life expectancy caused by a number of identified factors specifically relating to the claimant and the injury which is the subject of the claim.

    I readily accept that exercising in water is generally beneficial for him. However, I am not satisfied that the claimant has established a clinical need which cannot adequately be met by physiotherapy exercises carried out in an ordinary swimming pool with suitably trained carers and, occasionally, his treating physiotherapist. Consequently, I make no award for the costs of future aquatic physiotherapy.

  • ES v Chesterfield and North Derbyshire NHS Trust
    • Court of Appeal (Civil Division)
    • 25 Jul 2003

    We were told that the overall value of the claim in this case may be around £1.5 million. The claimant is physically impaired for her entire life by cerebral palsy. In my view the balance of these considerations does make it proportionate and just as between the parties that this claimant is permitted to rely upon the reports of two obstetricians, not one; and the additional costs to public funds and share of the court's resources is also proportionate and just.

  • Roberts v Johnstone
    • Court of Appeal (Civil Division)
    • 17 Mar 1988

    Mr. McGregor, for the defendants, objects that if a rate of 2 per cent is adopted then the multiplier of 16 would be far too low and a substantially higher multiplier should be adopted, resulting in much the same anomaly.

  • Whiston v London Strategic Health Authority
    • Queen's Bench Division
    • 07 May 2009

    Essentially, the point Mr de Navarro wished to make in his brief supplemental submissions was that the information contained in the application forms was not consistent with the narrative contained in the witness statements. It is submitted that the court should regard those documents as giving a truer picture. I am invited to take this into account as being relevant to constructive knowledge and to s.33 reasonableness.

    There is a certain artificiality to these arguments, in the sense that if Mrs Whiston's account is indeed incredible and/or false, the Claimant would not have been told these things even if he had made enquiries during his youth or early adulthood.

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Legislation
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Books & Journal Articles
  • Raymond Nottage CMG
    • Núm. 25-3, Julio 2010
    • Public Policy and Administration
    ...... active in the Bobath Centre, a charity thathelps children with cerebral palsy. As Chairman, he helped to raise money fromcity friends to fund ......
  • Personal Account
    • Núm. 35-4, Diciembre 1988
    • Probation Journal
    ......was . wrote that. &dquo;. I had ataxia type cerebral palsy and congenital. ......
  • Disability, Child Abuse and Criminal Justice
    • Núm. 57-3, Mayo 1994
    • The Modern Law Review
    ...... deaf blindness, learning disability, language disorders, cerebral palsy, spina bifida and hydrocephalus, In 1985 it was estimated ......
  • Remarkable lives: Lígia Cardoso Baldé in conversation with Jerome Carson
    • Núm. 22-2, Abril 2018
    • Mental Health and Social Inclusion
    • 72-77
    Purpose: The purpose of this paper is to provide a profile of Lígia Cardoso Baldé. Design/methodology/approach: Lígia gives a biographical description of her life and is then interviewed by Jerome...
    .......Keywords Culture, Diversity, Stress, Resilience, Education, Cerebral palsyPaper type Case studyIntroductionLígia is a mature student studying ......
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Law Firm Commentaries
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