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Cerebral Palsy Claim

Cerebral Palsy Claims

If your child has cerebral palsy caused by medical negligence on the part of doctors or midwives, you can seek compensation.

Our medical negligence solicitors and legal assessment team can help you explore whether you have a valid claim on a no-win, no-fee basis. 

If you decide to go ahead with your claim, our cerebral palsy claim solicitors will work to understand what mistakes were made and how they could have been prevented. They’ll also guide you through the claims process and help you draw on the support of relevant charities, healthcare providers, and rehabilitation services. 

To start your claim, or for a no-obligation discussion, get a free case assessment today.  

What is cerebral palsy negligence? 

Cerebral palsy usually develops before birth because of abnormal brain development. However, it can also be caused because of brain injury during or after birth.

Medical negligence during labour can lead to the development of cerebral palsy if doctors or midwives fail to: 

• Act on signs of fetal distress; 

• Deliver the baby early enough or through cesarean; 

• Monitor the baby’s heartbeat correctly; 

• Respond properly to the umbilical cord being wrapped around the baby’s neck.

Conditions and infections that develop after birth can also lead to cerebral palsy such as meningitis, hypoglycemia, and jaundice. 

Medical negligence means that a medical professional has breached their duty of care, which leads to harm, damage, or distress. If you believe this happened to you, we can help you to seek answers from those responsible for your treatment and claim compensation. 

Can you claim for cerebral palsy? 

If you, your child, or someone you know has cerebral palsy and there are concerns about the care they received during birth or early childhood, you or they may be eligible for compensation. 

At Lawhive, our experienced cerebral palsy solicitors will look into your concerns about subpar or negligent medical care and identify if any shortcomings caused or contributed to the development of the condition.

If we find that treatment failures caused a preventable injury, we will work with the hospital involved to seek compensation and acknowledgment of their negligence. 

Why make a cerebral palsy claim? 

A child with cerebral palsy is likely to need some level of support throughout their life.

Unfortunately, intensive professional care of this nature isn’t often available through the NHS, and many parents may find it difficult to provide care indefinitely, especially when balancing work and other caring commitments.

If your child has been diagnosed with cerebral palsy caused by avoidable birth injuries, you may be able to claim substantial compensation, which could be used to pay for care and support both in the immediate term and in the future. 

Dealing with an injury that was caused by a medical professional can be incredibly frustrating and upsetting. The goal of seeking compensation is to make sure that every child has the opportunity to enjoy life, pursue goals, and manage their disability well. 

Compensation may also provide a sense of comfort and closure in uncovering the truth about medical errors, making sure hospitals learn from their mistakes and prevent them from happening again.

What happens when I make a cerebral palsy claim? 

Before you start your claim, we’ll arrange a free case assessment with our legal assessment team to talk about your case and find out if you can make a cerebral palsy claim.

If you decide to move forward with your case, we’ll connect you with the very best cerebral palsy claims solicitor in our network of expert lawyers, and they’ll start work on your case. 

Usually, your solicitor will start by contacting the medical professionals responsible for your child’s treatment to see if they will admit to making mistakes. If they do, you might be able to secure interim payments to cover medical care and ongoing expenses before your full claim is settled.

Your solicitor will also collect evidence from you, any witnesses, and independent medical professionals. The purpose of this is to assess the care you and your child should have gotten, and what the long-term impacts of the medical negligence may mean for your health and future care needs. 

Will I have to go to court for a cerebral palsy claim? 

Lawhive solicitors always try to settle cerebral palsy claims outside of court. However, in some cases - for example, if the Defendant(s) don’t admit to the negligence or a fair settlement amount can’t be agreed upon - you may decide together to start court proceedings. 

It’s important to note that many claims, even with court dates set, still settle before reaching court.

Generally, it’s a last resort for everyone involved. However, if your cerebral palsy claim does go to court, your solicitor will be there for you every step of the way. 

Can I make a cerebral palsy claim on a no-win, no-fee basis?

Many of our compensation claim cases are funded through a no-win, no-fee basis (also known as a conditional fee agreement). 

During your free case assessment for your cerebral palsy claim, we’ll talk to you about funding options and recommend the one we think is most suitable for your case.

If that’s a no-win, no-fee agreement, we’ll explain the process upfront. No-win, no-fee claims mean you’ll only have to pay if your claim is successful, and most of our fees will be covered by the other party. 

Can I make a cerebral palsy claim through the NHS Early Notification Scheme?

If your child has sustained a serious and permanent brain injury at birth, including a diagnosis of cerebral palsy, you can make a compensation claim through the NHS Early Notification Scheme. 

Lawhive’s medical negligence solicitors can help you with the ENS process, providing support and advice, as well as guidance on how to manage compensation if your claim is successful. 

What evidence is required for a cerebral palsy claim? 

To claim compensation for cerebral palsy, you'll need proof like medical records, statements from witnesses, and opinions from independent medical experts. 

This evidence is essential to show that medical mistakes happened and either directly caused cerebral palsy or made the condition worse.

How much cerebral palsy compensation will I receive? 

Compensation payouts for cerebral palsy claims are calculated by taking into account the lifetime needs of the person affected.

Although cerebral palsy is not progressive (which means it doesn’t always get worse as a child grows up) there is currently no cure, and the full extent of a child’s cerebral palsy may not become clear until they are older. Therefore, they may need long-term treatment like physiotherapy, speech therapy, occupational therapy, medication, and surgery.

Because of this, many cerebral palsy claims result in a substantial settlement exceeding £1 million. Most settlements consist of a lump sum plus periodic annual payments to cover care, special equipment, or treatment.

What can cerebral palsy compensation be used for?

Cerebral palsy compensation is often used to cover both the child’s and the family’s needs.

This could include past, present and future care, occupational therapy, physiotherapy, speech and language therapy, home adaptations (or a new house), transport, assistive technology, future medical treatment, and loss of earnings.

Compensation payouts for cerebral palsy claims can also be used to cover costs like legal fees and Court of Protection costs. 

What are the time limits for making a cerebral palsy claim? 

If you’re making a cerebral palsy claim on behalf of your child, you can start your claim at any point before they turn 18. 

If your child is over 18, but they lack the mental capacity to represent themselves in a claim, there is no time limit to make a claim. However, if they are over 19 with mental capacity, they have from their 18th birthday up until their 21st birthday to make a claim. 

Our medical negligence solicitors always advise clients to seek legal advice as soon as possible when considering a cerebral palsy claim.

Often, it is better in all cases to start a compensation claim sooner rather than later, as this can help you secure compensation earlier and quicker to meet any immediate needs. Contact us today to arrange a free case assessment with our legal assessment team. 

What is cerebral palsy? 

Cerebral palsy is a medical condition caused by birth complications or severe infections. In addition to muscle control and coordination, the condition can also affect muscle tone, reflexes, posture, and balance.

People with cerebral palsy may also experience problems with their vision and hearing, as well as developmental delays. Cerebral palsy is currently incurable and lifelong. 

What are the different types of cerebral palsy? 

Dyskinetic Cerebral Palsy

Dyskinetic cerebral palsy (also called athetoid cerebral palsy) is a type of cerebral palsy that results from brain injury during late pregnancy or early birth. Children with dyskinetic cerebral palsy struggle to control their muscle movement, often experiencing twisting and abrupt movements. 

Spastic Cerebral Palsy 

Spastic cerebral palsy is a condition that happens when the brain is damaged before birth, during delivery, or in the first few years of a baby’s life. It can affect one arm, both legs or one entire side of the body. 

A person with spastic cerebral palsy may have jerky movements, tight muscles, and stiff joints, making walking and picking up small objects difficult. Some individuals may also have other conditions like ADHD or epilepsy because of their brain injury.

There are three types of spastic cerebral palsy: spastic diplegia, spastic hemiplegia, and spastic quadriplegia. Spastic quadriplegia cerebral palsy is the most severe form, affecting both arms and legs and sometimes the torso and face. 

Ataxic Cerebral Palsy 

Children with ataxic cerebral palsy face challenges related to balance and coordination. They might walk with their legs spaced further apart and experience difficulty with activities requiring small hand movements, like writing. Some individuals with ataxic cerebral palsy may also struggle to accurately judge the distance of objects (depth perception). 

Mixed Cerebral Palsy 

Mixed cerebral palsy happens when different parts of the brain controlling movement are damaged and a child shows more than one type of cerebral palsy. Symptoms of mixed cerebral palsy vary based on where movement problems occur, affecting the legs, one side of the body, or all four limbs. 

What mistakes can cause cerebral palsy? 

Cerebral palsy can result from issues occurring before, during, or after birth. Medical mistakes that can cause it include delays in delivery causing brain damage, and failures to identify or manage risk factors for brain damage during or after birth. 

Common causes of cerebral palsy include: 

• Infection passed from the mother to the baby during labour that causes brain damage;

• Inflammation in the baby’s brain during pregnancy caused by the mother’s immune system attacking an infection, like German measles;

• Oxygen starvation during delivery; 

• Untreated jaundice that leads to unsafe levels of bilirubin in the blood; 

• Brain hemorrhage or stroke following a difficult delivery. 

What are common risk factors for cerebral palsy? 

Certain factors can increase a baby’s risk of being born with cerebral palsy. These include:

• Premature birth (before 37 weeks); 

• Low birth weight; 

• Being a twin or triplet; 

• Maternal behaviours (such as smoking, alcohol consumption, or drug use). 

If a baby is at a high risk of developing cerebral palsy, they may have to have regular check-ups during their first two years to monitor for potential symptoms. 

Get a free case assessment for your cerebral palsy claim 

For a no-obligation consultation and case assessment for your cerebral palsy claim, get in touch with our legal assessment team today. 

Our solicitors have experience in securing substantial compensation for medical negligence clients and our funding is based on a no-win, no-fee model, so you won’t have to worry about upfront costs.