If your child developed cerebral palsy as a result of medical negligence, you could be eligible to make a cerebral palsy compensation claim.
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Cerebral Palsy Claims
If medical negligence during pregnancy, birth or early life caused your child to be diagnosed with cerebral palsy, you may be entitled to compensation. A cerebral palsy claim can cover lifelong care needs, medical costs, pain and suffering, and other financial losses, so any compensation payment could be substantial.
Cerebral palsy solicitors understand the profound impact this condition has on children and their families. We offer a free case assessment and legal advice and, if you have grounds for a claim, empathetic support and guidance at every step.
Call 0800 470 0472 today or request a call back to find out if you can make a no win no fee claim for cerebral palsy and how much compensation you may be entitled to if your case is successful.
Key points about cerebral palsy claims
- Eligibility: You may be able to claim if medical negligence during pregnancy, birth or early life caused cerebral palsy.
- Medical Duty of Care: Midwives and doctors must monitor the baby’s health and respond appropriately to complications during labour.
- Time Limit: There is generally no time limit for children until their 18th birthday, but adults usually have 3 years from the date they became aware of the negligence.
- Compensation: Can cover long-term care, specialist equipment, therapy, and the impact on the child’s quality of life.
- No Win, No Fee: Your solicitor will act on a no win, no fee basis, meaning you’ll only pay if the claim is successful.
Table of Contents
What is cerebral palsy?
Cerebral palsy is a lifelong neurological condition that affects movement, muscle tone and coordination. It can also cause learning difficulties, impaired vision, speech problems and difficulty swallowing.
According to the National Institute for Health and Care Excellence, the incidence of cerebral palsy in the UK is about 2 per 1,000 live births. Typically, the condition is first recognised during infancy and preschool years, and it is a non-progressive condition, although its effects may change over time.
Symptoms vary from person to person. An individual with mild cerebral palsy might only walk awkwardly, while a severe case might prevent a person from being able to walk at all and may need lifelong care and assistance.
If you have any concerns about your child’s development, you should contact a healthcare professional as soon as possible. You can also find further information about cerebral palsy on the NHS website. If they are diagnosed with cerebral palsy that was caused by medical negligence, you might be able to make a cerebral palsy claim.
Can I make a cerebral palsy compensation claim?
If your child’s cerebral palsy was caused by substandard medical care during pregnancy, labour or after birth, you may be entitled to compensation. An experienced cerebral palsy solicitor can verify your eligibility during a free initial assessment.
Usually, you can proceed with a claim if the following can be proven:
- Duty of care – All medical professionals owe patients a legal duty to provide care with reasonable skill and competence, according to the established standards and guidelines.
- Breach of duty – Your solicitor must show that the care you received fell below the reasonable standard. Examples include misuse of forceps, medical errors or poorly treated maternal infections.
- Causation – For your claim to be valid, you must also establish that the medical negligence directly caused the cerebral palsy disorder in a reasonably foreseeable way.
- Damages – Evidence is needed to assess the extent of the injury and damages, including physical harm, disability, care costs, loss of earnings and future medical needs.
If your solicitor can establish these four elements, you may be able to make a successful cerebral palsy negligence claim. Your case could be against an NHS trust or a private healthcare provider.
Can medical negligence cause cerebral palsy?
A diagnosis of cerebral palsy is devastating, especially if it could have been prevented by proper medical care. Some cases of cerebral palsy are indeed due to medical negligence and may entitle you to claim substantial compensation. Examples include:
- Failure to diagnose or treat meningitis, group B strep, herpes and other infections.
- Incorrect use of forceps or vacuum extractors causing skull fractures and brain damage.
- Failure to monitor the baby’s heartbeat and act on signs of foetal distress.
- Delayed or poorly performed C-section and delivering the baby too late.
- Failure to detect umbilical issues and a lack of oxygen to the baby.
- Undiagnosed or delayed treatment of jaundice and other liver or kidney problems.
- Dangerously low blood sugar levels in the baby that could have been prevented.
- Medication errors, such as misuse of oxytocin or anaesthesia.
An expert cerebral palsy solicitor will investigate how your child developed cerebral palsy. If eligible, they will contact the staff responsible for your treatment and help you make a medical negligence claim.
How long do I have to make a cerebral palsy claim?
You can make a claim on behalf of your child at any time before their 18th birthday. After they turn 18, they have until 21 to claim compensation themselves, provided they have the mental capacity to conduct legal proceedings.
If an adult lacks the mental capacity to make a claim, the limitation period is suspended and you could act on their behalf as a litigation friend at any time.
However, we strongly recommend that you get legal advice as soon as possible if your child is diagnosed with cerebral palsy. This will make it easier to build a strong case and ensure your child gets access to the best medical care.
How to make a cerebral palsy negligence claim?
Making a claim for cerebral palsy can be complex due to the nature of the injury and the time it takes to determine the full impact on your child’s life. The claims process usually involves a few steps that are detailed below:
1. Initial consultation and investigation
The first thing you should do is contact a specialist cerebral palsy solicitor as soon as possible. They will look into your case in detail and, if you are eligible, gather evidence to support your claim, such as:
- Medical records detailing your pregnancy and labour.
- Documents related to the baby’s health or injury during and after delivery.
- Photographs of visible trauma to the baby’s head.
- Independent reports from medical experts and witness testimonies.
- An expert assessment of your child’s future medical and care needs.
- Financial documents proving related losses and expenses.
2. Letter of claim
After gathering all the details of your cerebral palsy negligence case, your solicitor will send a letter of claim to the defendant outlining your allegations of negligence. They usually have four months to investigate your claim and send you a letter of response.
3. Negotiations
If the healthcare provider admits liability, you can begin to negotiate compensation for the brain injury and cerebral palsy. You may also receive interim payments to help you cover private medical treatment, rehabilitation and other expenses before your claim fully settles.
4. Court proceedings
If the defendant denies responsibility or you cannot agree on a fair settlement, your solicitor may issue court proceedings. Negotiations will usually continue until the trial date, and more than 96% of all claims conclude without going to court.
If you must argue your case before a judge, your cerebral palsy solicitor will offer support and advice and talk you through what will happen, making sure you feel as comfortable as possible.
5. Compensation
If you win at trial or agree on a settlement, you may receive your child’s cerebral palsy compensation within four weeks.
Important considerations:
Hospitals must notify NHS Resolution if a baby has suffered a brain injury at birth. They will conduct an early investigation to determine whether a cerebral palsy claim may arise.
If NHS Resolution approaches you after the birth of your child, you should seek legal advice straight away. You may be entitled to claim substantial cerebral palsy compensation.
For free legal advice on your claim, please enter your details into our online claim form or call 0800 470 0472 to speak to an expert solicitor.
How much cerebral palsy compensation could I claim?
The amount of compensation awarded for cerebral palsy caused by negligence depends on its type, severity and lifelong impact. Generally, the more severe the condition, the greater the settlement you could receive.
Cerebral palsy settlements are substantial, typically ranging from £1 million to £7 million, and include two types of damages:
- Special damages, awarded for related financial losses and expenses such as medical costs, therapies, home adaptations, assistive devices, care needs, special education needs and loss of earnings.
- General damages, awarded for the subjective effects of cerebral palsy, such as physical pain and suffering, psychological injury, disability, reduced quality of life and loss of amenities.
The Judicial College sets out guidelines for general damages awards for cerebral palsy. It is important to remember that these figures do not account for any financial losses, which make up the bulk of the final compensation in cerebral palsy cases.
Based on the 18th Edition of teh Judicial College Guidelines and your specific circumstances, you could be awarded:
| Injury Type | Description | Compensation |
|---|---|---|
| Paralysis | Paraplegia | £289,000 - £376,000 |
| Brain Damage | Brain damage causing serious disability, substantial dependence on others and reduced life expectancy | £289,000 - £373,000 |
| Moderate brain damage likely to affect the senses, with some dependence on others | £57,000 - £289,000 | |
| Bladder Injuries | Total loss of bowel and bladder function and control | Up to £243,000 |
| Serious impairment of bladder control with some pain and incontinence | £85,000 - £106,000 | |
| Injuries Affecting Sight | Sight loss in one eye with reduced vision in the other eye | £84,000 - £238,000 |
| Serious partial sight loss in one eye | £31,000 - £52,000 | |
| Epilepsy | Established epilepsy involving generalised motor, tonic-clonic or focal seizures. | £72,000 - £198,000 |
Compensation often consists of an initial lump sum followed by regular monthly or annual payments. This ensures funds never run out, providing lifelong financial security for children with cerebral palsy.
Can I make a no win no fee cerebral palsy claim for compensation?
Yes. If you have a valid cerebral palsy birth injury claim, a medical negligence solicitor will discuss what funding options are available to cover your costs, including a no win no fee service. Making a claim under a conditional fee agreement means that:
- You do not pay any legal fees upfront or during the claims process.
- There are no solicitor’s fees to pay if the claim is unsuccessful.
- If you win, your solicitor will deduct a pre-agreed success fee from your compensation (capped at 25% and does not apply to future financial losses).
Frequently asked questions about cerebral palsy
Before birth
Most cases of cerebral palsy are usually linked to factors that affect the brain before birth, such as:
- Gene mutations that affect brain development.
- Maternal infections during pregnancy, such as cytomegalovirus, rubella or toxoplasmosis.
- A foetal stroke or reduced oxygen supply to the developing brain.
During or after birth
Cerebral palsy can also be due to complications or injuries during or after birth, such as:
- Lack of oxygen to the brain during a difficult labour.
- Umbilical cord issues.
- Improper use of forceps or vacuum extraction.
- An infection of the brain, such as meningitis.
- Brain trauma from road traffic accidents, falls or physical abuse.
- Choking or drowning, which may starve the brain of oxygen.
- Neonatal stroke.
- Delayed C-section.
Spastic cerebral palsy (75-80% of cases) – The muscles are stiff and tight, making movement awkward and difficult. Subtypes include:
- Diplegia: mainly affects the legs.
- Hemiplegia: affects only one side of the body.
- Quadriplegia: affects all four limbs, and sometimes the face and torso.
Dyskinetic cerebral palsy – It causes involuntary movements, drooling, and muscle tone that switches between stiff and floppy.
Ataxic cerebral palsy – It is the least common and results from damage to the cerebellum. Symptoms include shaky movements, poor balance, low muscle tone and difficulty with precise, voluntary actions.
Mixed cerebral palsy – Some people have symptoms of more than one type of cerebral palsy, which is usually caused by damage to more than one brain area.
- Medical history.
- Monitoring developmental milestones, such as sitting, crawling and walking.
- A physical examination of muscle tone, reflexes, posture and coordination.
- Brain imaging, such as CT and MRI scans.
- Electroencephalograms (EEGs) to record the electrical activity of the brain.
- Additional blood, urine or skin tests to rule out other medical conditions.
- Difficulty with basic daily activities, such as getting dressed, eating, drinking and personal care.
- Mobility issues, including difficulty standing, sitting upright, walking, running and maintaining balance.
- Difficulty manipulating objects and performing tasks that require precise finger movements.
- Impact on social life, relationships, education and career opportunities.
- The need for lifelong care and assistance, in severe cases.
- Physiotherapy to improve strength and encourage movement.
- Speech and language therapy to help with communication and swallowing difficulties.
- Occupational therapy to help with independence and daily living.
- Medication for pain, stiffness, drooling and other symptoms.
- Surgery to repair muscle and joint problems.
- Assistive devices, such as wheelchairs, braces and walkers.
In 2021/22 and 2022/23, NHS Resolution settled 552 claims for cerebral palsy and other brain injuries, paying over £1 billion in compensation. These payments are funded through annual premiums paid by NHS Trusts and are not paid directly from funds allocated to individual patient treatment.
For this reason, it is essential to understand the full extent of your child’s long-term disability before agreeing to a full and final settlement. It is therefore uncommon for cases to settle before the child’s seventh birthday.
Your solicitor will try to establish clinical negligence as early as possible and secure interim payments to help cover medical treatments, care and living costs while the case is ongoing.
Call 0800 470 0472 today or use our online contact form to request a free consultation to find out if you can claim compensation for cerebral palsy, with no obligation to proceed.
