Cerebral Palsy can have a devastating impact on a family. If caused by substandard medical care, then compensation can provide essential support for your child. This could allow access to 24-hour care, private rehabilitation and potentially enable parents to step back from work to allow them to care for their injured child. To be successful, cerebral palsy compensation claims must prove medical negligence, and this guide will cover everything you need to know.
Key Points on Cerebral Palsy Claims
- If substandard medical care causes cerebral palsy, then you can make a claim for damages on your child’s behalf.
- Compensation can cover the physical effects of the birth injuries and also the financial costs needed to give your child as close to a normal life as possible.
- Special attention needs to be given to the need for rehabilitation in all areas of life: physical, emotional and the ability to communicate with things like Speech and Language Therapy (SALT)
- In severe cases, 24-hour care and home adaptions can be claimed.
- The expert medical negligence solicitors can handle your child’s case on a No Win No Fee basis.
You can navigate our guide using the menu below, but if you would like to speak to an advisor about any aspect of birth injury claims or request a free case assessment, you can complete our ‘Claim Online’ form for a callback.
Browse Our Guide
- What Is Cerebral Palsy?
- Who Can Make A Cerebral Palsy Negligence Claim?
- How Much Compensation Is Awarded For Cerebral Palsy?
- How Medical Negligence Can Result In Cerebral Palsy
- How To Make A Cerebral Palsy Negligence Claim
- How Our Solicitors Can Help You Claim
- More Information On Medical Negligence Claims
What Is Cerebral Palsy?
Cerebral palsy is a term which describes a group of conditions affecting a child’s posture, coordination and movement. The word ‘cerebral’ is related to the brain, meaning it’s an issue relating to brain development before, during or immediately after birth. ‘Palsy’ describes problems with using the muscles.
Some common symptoms include:
- Weak legs or arms.
- Problems with vision and swallowing
- Speaking problems and learning disabilities
- Clumsy or fidgety movements.
- Delays in achieving developmental milestones
There are four types of cerebral palsy, which are:
- Spastic Cerebral Palsy: This is the most common type of cerebral palsy, which affects the muscles. It makes the muscles tighter than they should be.
- Dyskinetic Cerebral Palsy: This affects muscle tone, making them floppy or tight and causing involuntary spasms.
- Ataxic Cerebral Palsy: This is the least common type of cerebral palsy. It affects movement, causing shaking, low muscle tone and poor balance. This can make it difficult for the child to sit or stand for long periods of time.
- Mixed Cerebral Palsy: In this case, the child is impacted by more than one type of cerebral palsy.
While there’s currently no cure for cerebral palsy, there are some treatments that could help your child to be as active and independent as possible:
- Speech therapy to help with difficulties in speaking and swallowing.
- Physiotherapy to aid with mobility and movement.
- Prescribed medication for difficulties like muscle stiffness
- Occupational therapy to help your child carry out daily tasks
- Surgery to treat growth and movement problems.
For more information about doctor negligence claims, do not hesitate to reach out to our advisors.
Who Can Make A Cerebral Palsy Negligence Claim?
Cerebral palsy can develop due to a lack of oxygen to the brain during or shortly prior to birth. Compensation is unlikely to be awarded if the condition develops naturally. For the purpose of this guide, we’ll be restricting our discussion to cases of cerebral palsy due to brain damage caused by a birth injury.
The eligibility to make cerebral palsy claims is as follows:
- A medical professional has a duty of care towards you and your child.
- They breached this duty by providing poor quality care and treatment.
- This caused your child a birth injury in the form of cerebral palsy.
All medical professionals owe those that they treat a duty of care, and this is automatic. Showing that their duty has been breached can be harder and involves proving that the medical professional fell below the minimum standard of care expected.
To meet the minimum standard of care, it could be that a medical professional has to:
- Take a detailed and accurate history from a patient, including listening carefully to the symptoms presented.
- Regularly monitoring a pregnancy.
- Respond to information appropriately, such as signs that a baby is in distress.
- Ordering appropriate tests such as scans to reveal if a baby is in the breach position.
- Using the correct level of skill and force when attempting a forceps delivery.
- Consider when to opt for a caesarian section.
- Follow up on test results.
- Have proper hygiene measures in place to prevent infections during delivery.
- Look for signs that an umbilical cord has wrapped around a baby’s neck.
- Be alert to the possibility of dystocia and manage this appropriately if it occurs.
- Consider differential diagnoses.
Can I Claim On Behalf Of My Child?
As your child cannot make their own claim, you (or a loved one) can claim on their behalf. You can do this by applying to become a litigation friend. The court will make the appointment after determining the following:
- You don’t have a conflicting interest.
- You’re capable of making fair and competent decisions.
Starting a claim quickly can increase the speed at which compensation is released if successful, either as a full settlement or as interim payments. This can then be used to put in place rehabilitation to help your child and your family situation.
Speak to a member of our advisory team now for more information on claiming compensation for your child.
How Much Compensation Is Awarded For Cerebral Palsy?
For successful cerebral palsy claims, the compensation awarded may comprise two heads:
- General Damages: This head includes compensation for the physical and psychological consequences of cerebral palsy in your child.
- Special Damages: This head includes compensation for your financial losses.
How Compensation Is Calculated
Your medical negligence solicitor (or whoever is valuing your claim) can refer to the Judicial College guidelines (JCG) to calculate the general damages in your claim. The JCG is a list of injuries and suggested compensation brackets for them.
The table below summarises the compensation figures for injuries related to cerebral palsy (except for the top row). However, this table is to be used only as a guideline, and the JCG applies only to England and Wales.
Injury Notes Compensation Guidelines
Multiple Severe Injuries and Special Damages Compensation could be awarded for many injuries and if there has been a loss of earnings along with the need for nursing care. Up to £25,000,000+
Brain Damage- Very Severe There could be an ability to open one's eyes, follow basic commands, waking and sleeping patterns but hardly any meaningful response to the environment or language function and need for professional care. £344,150 to £493,000
Brain Damage- Moderately Severe There is a serious disability and substantial dependence on others along with a need for professional care. There could be physical disabilities and impairment in intellect or personality, reduction of life span and severe physical limitation. £267,340 to £344,150
Brain Damage- Moderate (i) There could be severe or moderate intellectual deficit and a risk of epilepsy along with impact on eyesight, hearing and speech. £183,190 to £267,340
Brain Damage- Moderate (ii) There is moderate or modest intellectual deficit and some risk of epilepsy. £110,720 to £183,190
Brain Damage- Moderate (iii) There is an impact on concentration and memory and small risk of epilepsy along with some dependence on others. There could also be some impact on the senses and vestibular symptoms. £35,390 to £75,550
Brain Damage- Less Severe There is a good recovery to the problems mentioned above and ability to live a normal life. All normal functions however, aren't restored and there could be some impact on concentration or mood, impacting the ability to enjoy life and leisure activities. Seizures may have occurred in the past or there is a small chance of epilepsy. £18,700 to £52,550
Epilepsy- Established Grand Mal Factors like severity of attack, impact of medication, extent for need of medication and impact on social life will be considered. £124,470 to £183,190
Epilepsy- Established Petit Mal Factors like severity of attack, impact of medication, extent for need of medication and impact on social life will be considered. £66,920 to £160,360
Epilepsy- Other Epileptic Conditions Cases like a case or two of discrete epileptic episodes, temporary resurgence of symptoms but no further recurrence come under this bracket. Factors like duration and impact on social and school life are considered. £12,990 to £32,090
Special Damages In Cerebral Palsy Claims
You may be able to claim for the following special damages or financial losses:
- Professional care or the care you (or another family member) devote to your child
- Future lost earnings
- Medical expenses like prescriptions and diagnostic tests
- Cost of physiotherapy, occupational therapy, speech therapy and counselling.
- The costs incurred to provide specialised education to your child
- Equipment like leg braces and a wheelchair
- Adaptations made to your home or vehicles
You can prove the above damages through evidence like invoices, bank statements or expert reports.
Contact us now for guidance in valuing your claim.
How Medical Negligence Can Result In Cerebral Palsy
In cerebral palsy claims, it’s essential to prove that the birth injuries causing them were avoidable. Here are some common causes of cerebral palsy:
- Unsafe or incorrect use of forceps during delivery causes brain damage
- Poor hygiene standards cause an infection.
- Delay in performing a delivery or caesarean section.
- Failure to monitor the baby’s heart rate and oxygen levels correctly.
- Delay in acting when the umbilical cord is wrapped around the baby
- Failure to administer resuscitation or oxygen to the baby on birth.
- Lack of reaction to signs of foetal distress.
How To Make A Cerebral Palsy Negligence Claim
While engaging a medical negligence solicitor for cerebral palsy claims isn’t compulsory, it’s always better to seek expert guidance. A specialist birth injury solicitor will help you in the following ways:
- Simplifying complex legal jargon
- Answering official communications
- Compiling evidence
- Calculating compensation accurately
- Assisting with arranging rehabilitation and care packages where possible
Gathering Evidence To Support The Claim
It’s essential to collect evidence to support your cerebral palsy claim. Some examples of the evidence you can use are:
- Medical records, including test results, hospital records, and GP notes.
- Photographic evidence of injuries, if relevant.
- Contact details of witnesses (if any) for witness statements.
- Personal diary entries or written records.
- A copy of your maternal notes.
Time Limits When Starting A Claim
Under the Limitation Act 1980, the time limit for starting a cerebral palsy claim due to a birth injury will be three years from the date your child reaches 18. So they have until they are 21 to start a claim. If you were injured during the birth, then there is a three year time limit to start your case.
As it is unrealistic and unhelpful to wait until 18 to begin a case, you will be able to start a claim at any point as a litigation friend, as discussed earlier in this guide.
Considering A No Win No Fee Solicitor
Making a cerebral palsy claim is a complex process, and you may also be worried about the costs involved. If you make your claim with us, we’ll connect you with one of our No Win No Fee solicitors, who’ll work with you on a Conditional Fee Agreement (CFA). This agreement entails the following:
- No upfront solicitor’s fees.
- No payment for the solicitor’s services while the claim is pending or if you lose your case.
- Deduction of a legally-capped percentage from a limited portion of the compensation, known as the success fee.
How Long It Can Take To Receive Compensation
The time it takes to receive cerebral palsy compensation can depend on factors like:
- Strength of evidence
- Complexity of claim
- Negotiations
- Whether the healthcare provider accepts or denies liability
- Severity of harm/ birth injuries
An experienced birth injury solicitor can give you a rough estimate and timeline for your case. However, due to the complexity of the issues involved, some cases can run for several years.
You can reach out to us for more information on the time limits for your claim.
How Our Solicitors Can Help You Claim
Our solicitors have years of experience and expertise in dealing with traumatic birth claims. If you choose to make your claim with us, our cerebral palsy solicitors will deal with the bulk of the legal process. This will ensure that you can devote more time towards caring for your child and recovering from the mental trauma.
Contact us now to make a cerebral palsy claim with our No Win No Fee solicitors for your child:
- Complete our ‘Claim Online’ form for a callback.
More Information On Medical Negligence Claims
Thank you for reading our guide on cerebral palsy claims. Here are some guides which you can read on our site:
- Information on sepsis compensation.
- Our guide on cancer misdiagnosis claims.
- Details on making an A&E claim.
You can also refer to these external links:
- Information on labour and birth from the NHS.
- Guidance from the government for disabled children.
- Guidelines from the government on protecting your baby.