The use of an Intrapartum Cardiotocograhic Score Index (ICSI) in Cases of Cerebral Palsy Jurisprudence

The history of cerebral palsy litigation at Court leaves much to be desired for many reasons including the scientific aspect particularly in reference to the causation of cerebral palsy. One cannot ignore the 1960s when science held that the preponderance of cerebral palsy is the result of oxygen deficiency in labour. The wrong teaching soon left the science classroom and pervaded the Courts where quick- thinking lawyers extrapolated the teaching to wrongly benefit their clients’ cases with great alacrity. These cases often were and are studies in human suffering and misery. However, truth must out and justice be served irrespective of all factors. One cannot assuage suffering by perverting the course of justice such that someone alleviates a wretched existence by being made a scapegoat and paying for it.