A Guide To Cerebral Palsy Claims

Cerebral palsy is the name for a group of conditions which affect coordination, movement, and posture. It may be caused by the abnormal development of the brain during pregnancy or due to damage that occurs before, during, or soon after birth. When the condition is caused by substandard medical care, it can result in cerebral palsy claims.

Through this guide, we’ll provide information on who could claim compensation for cerebral palsy. Then, we examine in detail how compensation may be calculated and consider the different ways a claim can support families. Following this, you can find examples of how substandard care could lead to a birth injury like cerebral palsy.

In the final sections of our guide, you will find information on how to prove a medical negligence claim, the timeframe for commencing it, and how to seek assistance from a No Win No Fee solicitor. At the end of the guide, we also answer some frequently asked questions about cerebral palsy.

Our friendly team of advisors are available 24/7 to answer any queries you might have. To get in touch with one of them, please,

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Who Can Make Cerebral Palsy Claims?

Anyone can make cerebral palsy claims in situations where it can be shown that:

  1. A medical professional owed you and your child a duty of care. This may be an attending doctor, midwife, obstetrician, or other professional.
  2. They breached this duty of care, meaning that the level of care provided fell short of minimum expected standards. For example, a midwife or doctor uses unreasonable force whilst delivering your baby with forceps.
  3. This breach caused your child to suffer avoidable harm (in this instance, cerebral palsy).

The duty of care outlined above applies to both public and private healthcare providers and extends to the facilities themselves, including hospitals. This duty exists throughout pregnancy, labour and during the postnatal period.

We should note that cerebral palsy is not always preventable and sometimes occurs naturally, even when medical professionals provide their patients with the correct standard of care. Later in this guide, we’ll explore some scenarios that illustrate how medical negligence can occur and potentially lead to a valid claim.

Can Claims Be Made Against The NHS?

Claims can be made against the NHS, provided there is evidence of substandard care that caused otherwise avoidable harm. Remember, patients are entitled to receive a level of care that meets minimum expected standards, regardless of the service provider or an individual’s speciality. For example, the General Medical Council (GMC) outlines professional standards for doctors, physician associates (PAs), and anaesthesia associates.

Would A Negligence Claim Negatively Impact The NHS?

A negligence claim would not have a negative impact on the NHS, as mechanisms have been put in place to protect healthcare services. Specifically, the Department of Health and Social Care uses an arms-length body known as NHS Resolution to manage claims on behalf of NHS trusts.

NHS Resolution acts somewhat like an insurance provider, with its own budget for paying out compensation. That ensures funding for healthcare services is not affected by a successful claim.

If you have any questions about NHS Resolution or the claims process, please contact our advisory team today. They are here to help and provide free advice in complete confidence.

The Average Payout For Cerebral Palsy Compensation Claims

According to the Judicial College (JCG), a resource used in calculating the potential value of harm suffered, very severe brain damage could be awarded between £344,150 and £493,000. The JCG is often used by solicitors because it provides guideline brackets for compensation that cover a wide range of harm.

Nevertheless, even if there may be an ‘average payout’ for cerebral palsy claims, this may not be helpful for every case. All claims are assessed individually, meaning that no case or payout will be alike.

Cerebral palsy claims may be divided into 2 parts:

  • General Damages: The pain and suffering your child experienced
  • Special Damages: These cover the financial impact of the harm and will be discussed in the next part of our guide.

We have used some brackets from the JCG for our table below. Before you continue, please note that the headline figure isn’t from the JCG, and the brackets themselves do not guarantee compensation.

HarmSeverityDamages
Multiple forms of very severe harm + special damages (such as for loss of income or care costs)Very severeUp to £25,000,000+
ParalysisTetraplegia/quadriplegia£396,140 to £493,000
Paraplegia£267,340 to £346,890
Brain damageVery severe£344,150 to £493,000
Moderately severe£267,340 to £344,150
Moderate (ii)£110,720 to £183,190
Moderate (iii)£52,550 to £110,720
EpilepsyEstablished grand mal£124,470 to £183,190
BladderFull loss of control and functionUp to £171,680
Seriously impaired control£78,080 to £97,540

A young woman at a rehabilitation centre

How Can Cerebral Palsy Negligence Claims Help?

Cerebral palsy negligence claims can help families meet the immediate and future needs of their loved ones, from funding access to therapies to making much-needed home adaptations potentially more viable.

As previously mentioned, compensation for claims may also include special damages. These damages can compensate for a wide range of financial losses and expenses resulting from the avoidable harm that has been endured.

If your child has cerebral palsy, you likely already know that the condition can have far-reaching financial costs. In the following sections, we’ll outline some of the out-of-pocket expenses that special damages might cover. Regardless of the loss, supporting evidence will be required, such as bank statements and invoices.

Cost Of Care

Cerebral palsy is a lifelong condition, with care focused on maximising independence and overall quality of life. Infants, children, and adults with cerebral palsy may have complex care needs that reflect their individual circumstances.

Care may include:

  • Professional care in the home, including assistance with daily tasks such as dressing and preparing food.
  • Specialist support services in the home or professional settings.
  • Care in the home provided by family members.
  • Access to education and/or employment.

Medical Treatment

Private medical treatments may be required throughout childhood and beyond, such as:

  • Medicine to manage symptoms, like muscle stiffness.
  • Surgery to restore movement to a part of the body.
  • Treatment for drooling or feeding problems, such as medicine or the use of a feeding tube.

Rehabilitation

Additionally, rehabilitation services are often available to support children and adults in building independence:

  • Physiotherapy to maintain and improve movement or muscle tone.
  • Language and speech therapy to aid communication.
  • Occupational therapy to help with carrying out everyday tasks.

Loss Of Income

Both parents of children with cerebral palsy and adults with the condition may be faced with severely reduced incomes. Parents may need to reduce their working hours, change jobs, or even give up work in order to care for infants and children into adulthood. Those with the condition may face reduced access to employment and earnings or an inability to work at all.

Current and future projected lost income can be taken into consideration when assessing payouts.

Home Or Car Adaptations

As cerebral palsy primarily affects movement, coordination, and development, families sometimes need to adapt their home or vehicle. That could include:

  • Putting in handrails or ramps.
  • Adding a stairlift.
  • Modifying the home’s layout to accommodate a wheelchair.
  • Adapting bathrooms to improve accessibility.

Costs for these and other adaptations can be significant, particularly if extensive modifications are required.

Can Interim Payments Be Applied For?

Yes, it’s possible to apply for interim payments if the other party has accepted liability or if it’s reasonably likely that a claim will be successful. Interim payments are designed to cover immediate expenses that may arise during a claim and are paid as an advance on compensation before the case is concluded.

Our panel of solicitors have extensive experience helping their clients apply for interim payments. In particular, they can assist with gathering evidence to support the application and explaining why these payments are needed. Contact our advisors today to find out more about special damages and get a free case assessment in complete confidence.

Examples Of Medical Negligence That Could Lead To Cerebral Palsy

Below, we look at examples of how medical negligence could lead to cerebral palsy and potentially give rise to a valid compensation claim. Some of the most common causes include bleeding on the brain, infections, or a lack of oxygen (asphyxiation) during a traumatic birth.

Failure To Monitor Fetal Heart Rate

The failure to properly monitor a baby’s heart rate might involve a doctor missing the clear signs of fetal distress, leaving the baby starved of oxygen for several minutes. Oxygen deprivation can lead to brain damage and cerebral palsy.

Delayed Intervention During Labour

A delayed intervention during labour could have a significant impact on a baby. For example, where vaginal delivery poses a risk that a baby may get stuck in the birth canal, a caesarean section must be performed in a timely way. If a medical professional fails to provide adequate monitoring, it may lead to the baby suffering brain damage.

Incorrect Usage Of Equipment

Medical professionals may incorrectly use equipment, such as forceps, during the delivery. Applying unnecessary force when delivering a baby with forceps could cause head damage, leading to cerebral palsy.

Failure To Diagnose And Treat Infections

Infections such as meningitis, cytomegalovirus, chicken pox, Rubella, and toxoplasmosis can all lead to a baby developing cerebral palsy if not correctly diagnosed and treated. For example, a baby contracts meningitis, showing clear symptoms of this illness. However, a doctor misdiagnoses them with a less serious condition. The infection goes untreated, resulting in the baby developing cerebral palsy.

Please contact one of our advisors to learn more about how to claim for a cerebral palsy birth injury. They are here to listen and provide a free, sensitive assessment of your child’s situation.

A girl with severe brain damage in a wheelchair

Evidence Needed To Support Cerebral Palsy Medical Negligence Claims

The evidence needed to support cerebral palsy medical negligence claims can range from patient records to witness statements. This proof should show how a medical professional provided substandard care, directly resulting in otherwise avoidable harm.

Successful claims may require:

  • Medical evidence, including copies of records, showing the care provided during pregnancy, labour, and the postnatal period. This information may highlight failings in care, misdiagnoses, and the long-term prognosis.
  • Independent medical experts report. As part of the claims process, the solicitor may organise an independent medical assessment. This may involve an evaluation of medical records and an assessment of your child’s condition. The report may be submitted in conjunction with medical records.
  • Correspondence with healthcare providers. This may include letters, emails, and any other correspondence with GPs, hospitals, clinics, or other healthcare providers related to the case.
  • Witness contact details. These details may be used by the solicitor to collect statements in support of the claim. Witnesses may have seen the original diagnosis or treatment, such as seeing a doctor use excessive force during delivery with forceps.

Our panel of cerebral palsy solicitors have helped families nationwide with the process of gathering evidence, giving them more time to focus on their loved ones. Contact our advisors today to find out more about their work or the steps involved in proving cerebral palsy claims.

Cerebral Palsy Compensation Claims Time Limits

Cerebral palsy compensation claims have a 3-year time limit in which they must be started, as set by the Limitation Act 1980. This can either begin on the date the medical negligence occurred or the point at which someone reasonably became aware of it.

However, children and those who are mentally incapacitated are not able to claim on their own behalf. Therefore, time limits are paused in both cases unless (and until) a claimant either turns 18 or regains their mental incapacity.

In cases where time limits are paused, parents or other suitable adults may apply to claim on behalf of someone else by acting as a litigation friend. This role comes with various responsibilities related to the case, including maintaining communication with the solicitor.

If you’d like to learn more about the role of a litigation friend, please contact our team of advisors at a time that’s convenient for you. They’re here 24/7 and can also discuss the time limits for cerebral palsy birth injury claims.

No Win No Fee Cerebral Palsy Compensation Claims

From helping gather evidence to negotiating a settlement, our panel of solicitors work tirelessly to help their clients make No Win No Fee cerebral palsy compensation claims. They appreciate that every family has unique needs and tailor their services accordingly.

The solicitors on our panel consistently provide a sensitive and understanding service, drawing on years of experience and expertise in handling medical negligence claims nationwide. Working through a Conditional Fee Agreement (CFA), they provide high-quality services on a No Win No Fee basis without the worry of mounting solicitor fees. That means:

  • No solicitor fees to pay when starting cerebral palsy claims.
  • No extra solicitor fees charged as cases progress.
  • No solicitor fees at all when claims are unsuccessful.

Where claims win, the solicitor receives a success fee for their work. This fee is deducted from the compensation and is kept small, as the maximum percentage that can be taken is capped.

Contact Us

To learn more about cerebral palsy claims or to discuss the options for pursuing compensation, please reach out to our advisors today:

A pair of solicitors provide help with cerebral palsy claims.

Cerebral Palsy Frequently Asked Questions

Below, we answer frequently asked questions about cerebral palsy claims.

How Will Cerebral Palsy Impact My Child?

The impact of cerebral palsy can differ from child to child. For instance, children with cerebral palsy may experience the following impacts to varying degrees:

  • Motor skills: This may include stiffness, weakness, and difficulties with coordination and balance.
  • Speech and communication: The muscles involved in speech may be affected.
  • Cognitive development: Many children may be unaffected, while others may face different degrees of learning difficulties.

Are There Different Types Of Cerebral Palsy?

Yes, there are different types of cerebral palsy, as it is an umbrella term used to describe a group of conditions. These conditions can lead to varying degrees of lifelong disability. The main types of cerebral palsy are:

  • Spastic cerebral palsy.
  • Dyskinetic cerebral palsy.
  • Ataxic cerebral palsy.
  • Mixed cerebral palsy.

What Are The Common Cerebral Palsy Symptoms?

Some of the more common symptoms of cerebral palsy include:

  • Spasticity and/or muscle stiffness.
  • Weakness in the limbs.
  • Involuntary movement.
  • Delayed developmental milestones.
  • Difficulty with fine motor skills.
  • Swallowing and/or speech.

In some instances, children may face severe learning difficulties or seizures.

Can Parents Of A Child Claim For Compensation?

As already highlighted, parents of a child can claim compensation on their child’s behalf. In such circumstances, the court may appoint you as your child’s litigation friend to bring the claim on their behalf.

More Information

You can learn more about medical negligence in these resources:

Further resources:

Thank you for reading our guide to cerebral palsy claims.