Cerebral Palsy Compensation Claims Solicitors
We understand that the consequences of medical negligence can be devastating for your family. Our experienced team has an excellent record of successfully representing clients and bringing claims for cerebral palsy. Our aim is to make the legal process as manageable and understandable as possible for you.
Cerebral palsy claims solicitors
Seeing your child suffer from cerebral palsy can be distressing, perhaps even more so if the condition is caused by negligent care during birth or pregnancy.
If inadequate medical care or medical negligence has resulted in cerebral palsy, your child could be entitled to compensation. Compensation could help your child live a more fulfilling life and help you provide the right support and care.
It can be difficult to know whether to take legal advice, particularly when time and energy are taken up with the everyday care of an injured child. But, if you think that your child’s cerebral palsy could have been caused by errors during your pregnancy or the birth, you can contact our team for a FREE initial discussion.
Call us on 0330 100 1014 and speak to our compassionate and understanding team or fill our our online form >
- What is cerebral palsy?
- What causes cerebral palsy?
- Medical negligence causes
- Can I make a cerebral palsy claim?
- Why should I make a cerebral palsy compensation claim?
- How much compensation could I get for a cerebral palsy negligence claim?
- How much will it cost to make a cerebral palsy birth injury claim?
- Why choose Freeths to help with your claim?
- Cerebral palsy claim FAQs
- Our recent cases
- Contact us and what our clients say about us
What is cerebral palsy?
Cerebral palsy refers to a group of neurological conditions that affect muscle tone, movement and coordination. If a problem with the brain occurs before, during or shortly after birth, it can result in symptoms that are sometimes classed as cerebral palsy. These symptoms can include:
- Jerky or clumsy movement
- Weak limbs
- Stiffness (hypertonic cerebral palsy) or floppiness (hypotonic cerebral palsy)
- Random, involuntary movement
- Development delays such as failing to walk by 18 months
Symptoms can also vary in severity so a child might suffer life-changing disabilities while others might only have minor issues.
What causes cerebral palsy?
The condition results from a baby’s brain not developing as it should. This can occur during pregnancy or the brain can be damaged at birth or just after delivery. The causes of cerebral palsy can include:
- An infection caught during pregnancy or soon after birth
- Reduced blood or oxygen supply to the brain
- Head injury
- A stroke
- Choking
There are also risk factors that can increase the chances of a child having cerebral palsy. These include premature birth, multiple birth, low birthweight and smoking, drinking or taking drugs such as cocaine during pregnancy.
Medical negligence causes
If cerebral palsy is caused by negligence, factors might include:
- Failure to monitor the baby during pregnancy or delivery
- Failure to deliver the baby quickly in an emergency
- Failure to perform a necessary caesarean section
- Failure to act upon problems with the umbilical cord
- Incorrect use of forceps
There is no cure for the condition, but treatment usually consists of physiotherapy to assist with movement, as well as speech and occupational therapy.
Can I make a cerebral palsy claim?
Most instances of cerebral palsy are unavoidable, particularly where there are risk factors involved. If this is the case, then you will not be able to make a cerebral palsy malpractice claim.
But there are situations where medical or maternity negligence is a factor in a child developing cerebral palsy. This may be as a result of preventable brain injury, lack of oxygen, misdiagnosed or undiagnosed infection or choking.
You might have concerns about the treatment you received during pregnancy or delivery, or about the care of your child in the neonatal period. If you think your child has developed cerebral palsy as a result of malpractice or negligence, you might be able to make a cerebral palsy compensation claim.
Alternatively, you might be unsure whether you’re able to make a claim. Our friendly and empathetic team can discuss your individual case with you and provide advice so you can move forward with all the information you need.
Call us on 0330 100 1014 and speak to our compassionate and understanding team or contact us online >
Why should I make a cerebral palsy compensation claim?
We know it might be difficult to talk about your experience of finding out your child has cerebral palsy, especially in circumstances where it could have been prevented. We also know that taking care of a child with a disability, no matter how severe, can be challenging. Consequently, you might feel you have little time to dedicate to making a claim.
But if you do decide to claim, our professional cerebral palsy solicitors aim to make the process as smooth as possible, explaining each stage and ensuring clear communication every step of the way.
As well as receiving the settlement that your family deserves, you might wish to make a cerebral palsy compensation claim for a variety of reasons:
- To help with care and support costs: Depending on the severity of your child’s condition, you might need to cover costs relating to enhanced care, therapies or developmental support.
- To provide closure: It can be difficult to come to terms with knowing that your child’s disability could have been prevented. Making a cerebral palsy negligence claim can help you and your family move forward. While you will not forget what has happened, proceeding with a claim can go some way to putting the experience behind you.
- To prevent the same mistakes from reoccurring: An important factor for many families is to make sure that the same negligence that caused their child’s cerebral palsy do not happen again. Making a claim can highlight any failings within a hospital trust or department and ensure measures are put in place to prevent the same situation happening in the future.
How much compensation could I get for a cerebral palsy negligence claim?
All cases are different, so it’s not easy to put an exact figure on what you could claim. If your child’s cerebral palsy developed due to negligence, your case will be assessed and any settlement fee will be based on factors such as:
- Suffering that has already been endured
- Loss of family income
- Any future support required
The Judicial College Guidelines are referenced to decide on any final compensation amount. Cerebral palsy compensation is often awarded as a lump sum, plus annual payments to meet ongoing care and support needs.
How much will it cost to make a cerebral palsy birth injury claim?
We take many of our cases on a “no win no fee” agreement so you will not need to worry about paying upfront costs if you proceed with a claim. This means if your cerebral palsy claim is unsuccessful, there will be nothing to pay us at the end.
If you do win your case, you’ll pay us a percentage of your settlement fee, which will be agreed beforehand.
There is also a range of other ways to fund your claim which our team will be happy to talk you through during your free initial chat.
Alternatively complete the form below:
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Why choose Freeths to help with your claim?
We understand that the consequences of medical negligence can be devastating for your family. Our experienced team has an excellent record of successfully representing clients and bringing claims for cerebral palsy. Our aim is to make the legal process as manageable and understandable as possible for you.
The compensation we have secured over the years has helped many families live their lives as comfortably as possible. Any damages we receive for your child can go a long way towards paying for specialist care, accommodation and equipment. We also:
- Have a national reputation for providing the highest quality advice.
- Understand that each case is different and we will take the time to get to know your unique situation.
- Have a trusted team of empathetic, considerate cerebral palsy lawyers to sensitively handle your case throughout.
- Have three lawyers who are members of the AvMA Panel as well as three Law Society accredited lawyers.
- Offer FREE initial telephone advice, a FREE first interview and a home visit if convenient.
- Have 13 offices across the UK, located in major cities for your convenience.
- Are highly ranked by The Legal 500 and Chambers & Partners.
- Have a team of specialist Court of Protection lawyers.
We’re also proud to be members of the Brain Injury Group – a specialist network of brain injury solicitors and support services for brain injury survivors and their families.
Cerebral palsy claim FAQs
As with most claims, you normally have three years from the date of the injury that resulted in cerebral palsy to seek compensation. However, a child can make a claim themselves once they reach their 18th birthday, provided that no claim has been made previously. Your child then has three years (up until their 21st birthday) to put forward a claim.
If you’re unsure about time limits or have questions about when you can make a claim, our team can help. Contact us online or on 0330 100 1014.
No. If you’re worried about making a claim then it’s important to know that any cerebral palsy compensation payouts do not come out of the standard NHS healthcare budget. There is a separate fund and organisation, NHS Resolution, that deals with concerns, disputes and claims.
If you believe your child’s cerebral palsy was a result of medical negligence, then our team of expert solicitors can help gather evidence that proves malpractice. Breach of duty and causation need to be proved. This means there must be evidence that the medical professional failed in their standard of care and that the negligence directly resulted in cerebral palsy.
Cerebral palsy claims can sometimes be complex due to the nature of the condition and how the child develops. Often, families are unsure of the severity until the child is older. But it is recommended to avoid delays in pursuing a claim for several reasons. It is often easier to gather evidence when a situation has occurred more recently, rather than delaying to a time when memories around the event are less accurate.
Putting in a claim before the legal time limit allows the opportunity to gather evidence and process the case, increasing the chances of a successful settlement.
It’s difficult to put an exact timeline on a claim as each case is unique. The time it takes to process and reach an outcome depends on the complexity of the case, the evidence that needs to be gathered, whether the other party admits liability and the circumstances surrounding it.
Our professional cerebral palsy solicitors will make sure you understand the process every step of the way and act on your behalf to reach the settlement you and your family deserve.
Yes, it is possible for an adult to make a claim for cerebral palsy caused by negligence. There is a three-year time limit on making a claim once the individual reaches their 18th birthday. However, the time limit could be extended if an individual suffers from diminished brain capacity which affects their ability to claim. In this situation, another adult can usually claim on their behalf.
Successful cerebral palsy claims
Cerebral palsy settlement
Achieved a settlement of over £23 million, with scope to return to the court to increase the level of the annual care payments if circumstances change, for a child with cerebral palsy who whilst physically capable has global developmental delay and significant behavioural difficulties.
Settlement for child's care needs
£5 million achieved, comprising of a lump sum together with annual payments for life: For an eight-year-old boy who suffered severe brain damage at birth due to negligent medical care at Luton and Dunstable Hospital. He has cerebral palsy and requires 24-hour care. The monies will go towards his future care and an adapted home.
Child brain injury settlement
Lump sum of £4 million and annual payments of £110,000 for life: For a Claimant who suffered brain damage following failures in the care that she received shortly after her birth.
Settlement for child's care needs
A lump sum of £1.2 million and annual payments for care for life: For a boy who was brain damaged and developed severe cerebral palsy as a result of delay in delivering him after he became distressed during his mother’s labour.
Cerebral palsy settlement
We acted on behalf of a Claimant who suffered with whole body dyskinetic/spastic cerebral palsy (GMFCS Level V). In this case, we argued that the Defendant Trust failed to monitor the Claimant by way of CTG, delaying the diagnosis of foetal bradycardia. There were also further delays in contacting the obstetrician, transferring the mother to theatre and performing an instrumental delivery. These failures led to the Claimant suffering his severe cerebral palsy. Settlement was subsequently reached in the sum of £8 million.
Consultant negligence settlement
Acted on the behalf of a Claimant who received negligent care from a consultant while in utero during the pregnancy. At a scan, polyhydramnios and reduced growth was noted but the mother was not made aware of any issues. This led to the Claimant suffering a brain injury, which could have been avoided with the right treatment, including early delivery. The settlement subsequently reached seven figures.
"I cannot adequately express my gratitude to you for reaching this outcome - your work and advice have been exceptional throughout."
Client testimonial
"Even though she didn't know my child she was very, very caring, so I knew that we'd found the right solicitor."
Client testimonial
Meet the team
Carolyn Lowe
Partner & Head of Clinical Negligence for the South
Karen Reynolds
Partner & Head of Clinical Negligence for Derby, West Midlands & North West
Jane Williams
Partner, Head of Medical Negligence, East Midlands & North East
Phillip McGough
Clinical Negligence Executive
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