The problems associated with cerebral palsy are often difficult ones, and they often cause frustration for the parents. One of the most frustrating problems is finding effective medical care that is covered under individual insurance plans.
Selective Treatment of Children
Sometimes when there is government-controlled healthcare such as the NHS in the United Kingdom, parents don’t have much say when it comes to what kind of treatment a child with cerebral palsy receives. A recent case reported in the Mirror involved a 9-year-old boy whose surgical procedure was cancelled because of reported cuts.
The 29-year-old mother reported she was quite angry when she discovered they had cancelled her son’s surgery but were operating on other children who had been on the waiting list. Luckily, and thanks to generous donations, the boy was later able to go through with surgery.
Basis of the Complaint
When a child is scheduled for an operation, it is expected that procedure will be performed. It is unfair to schedule a date for surgery and then later deny it. The other question is whether this is lawful. Even though this incident took place in the United Kingdom where many families fall under NHS, non-emergency surgery adheres to a waiting list and should not use a selective process.
The 9-year-old cerebral palsy victim had been booked into a hospital in Nottingham on February 20 in preparation for dorsal rhizotomy surgery, a procedure which has the potential to help him walk on his own. When the government cut funding, the Nottingham University Trust agreed to operate on any children who already had a date for surgery or any who were already prepared.
There seems to be a disagreement on the date of the start of treatment; the hospital said the start of treatment was not the date originally set for his surgery in spite of the parents’ claim the child had been undergoing grueling physiotherapy for the previous year and a half.
While this particular case takes place in the United Kingdom, this doesn’t mean the problem does not exist here in the United States. Statistics show there are nearly 800,000 people in the United States who suffer from this non-curable condition. In addition, there are 1,200-1,500 children diagnosed with cerebral palsy every year. There is no treatment that will cure cerebral palsy, but physical and occupation therapies are available in order to help the child become as independent as possible.
Birth Injury Lawsuits & Compensation
Many parents don’t realize this, but if your child’s development of cerebral palsy was linked to a birth injury, you have the right (and some would say an obligation) to seek compensation from those liable through a medical malpractice claim or lawsuit.
Each case is different, but to have an attorney review the facts of your child’s birth for free and advise you of your legal options moving forward, call us today at 1-855-833-3707. If we can help with your case, we’ll do so for no out of pocket cost to you.