Cerebral palsy claims

Frequently Asked Questions

• What is cerebral palsy?

  Cerebral Palsy is a life-long condition, caused either by damage to the brain or abnormal development of the brain:  it affects a person’s movement, posture and coordination. Some people with cerebral palsy may also have a learning disability.

• What are the types of cerebral palsy?

  There are four types of cerebral palsy, all of which can develop due to negligence:

  • Spastic: Increased muscle tone, making muscles stiff, tight and difficult to move.
  • Dyskinetic: Tight to loose muscle tone, causing uncontrolled movements and spasms.
  • Ataxic: Problems with balance and coordination, leading to shaky movements.
  • Mixed: A combination of multiple cerebral palsy types, such as spastic-dyskinetic cerebral palsy.

  Cerebral palsy can also affect different sides of the body and different limbs (diplegic, hemiplegic and quadriplegic), depending on which part of the brain has been damaged.  Symptoms usually become noticeable in the first few months of a child’s life, but it can be years before the full effects are known. 

• How do I know if I have a medical negligence claim for cerebral palsy?

  Contact us and one of our experienced solicitors will assess your case to determine whether you have a valid medical negligence claim. We will need to establish a few key elements:

  Duty of care: You must show that the healthcare provider owed you a duty of care. This is generally straightforward in a medical setting, as healthcare professionals are expected to provide a standard level of care.

  Breach of duty: You need to prove that the healthcare provider breached this duty by failing to meet the standard of care that a reasonably competent healthcare provider would provide under similar circumstances.  In the context of cerebral palsy this could include:

  • Failure to detect or manage maternal infections
  • Failure to treat maternal conditions
  • Inadequate monitoring of foetal heart rate/Foetal Distress:
  • Delayed caesarean section/prolonged labour
  • Improper use of delivery instruments
  • Inadequate resuscitation at birth
  • Failure to treat jaundice

  Causation: You must demonstrate that the breach of duty directly caused harm to you or your baby. This means showing a clear link between the healthcare provider’s actions (or inactions) and the injury or illness suffered.

  Damages: Finally, you need to show that you suffered damage as a result of the negligence. This may include physical injury, emotional distress, additional medical expenses, and other related costs.

  You do not need to address these issues on your own. If you believe these factors may apply to your situation, please contact us. We would be pleased to comprehensively assess your case and assist you in understanding your legal options, including whether you may have a valid claim.

• What evidence do I need to support my cerebral palsy claim?

  To support a claim for cerebral palsy due to medical negligence, we will help you gather several key pieces of evidence:

  • Medical records: We will obtain all relevant medical records, including prenatal care, labour, and delivery notes. These records will enable us to consider whether there were any failures in the care provided.
  • Witness statements: Statements from anyone who witnessed the care received, such as you and your family.
  • Expert evidence: Independent medico-legal experts provide opinions on whether the standard of care was breached and how this breach caused harm (causation). Their testimony is crucial in establishing negligence. They are also needed to support the losses claimed.
  • Complaints correspondence: Any communication with healthcare providers, including emails, letters, and a complaints response.
  • Photographs and videos: Visual evidence and any visible symptoms can be useful in illustrating the harm caused.
  • Financial records: Documentation of any financial losses incurred due to the negligence, such as medical bills, travel expenses, and lost income, can support your claim for compensation.
• Can I make a claim on a ‘no win, no fee’ basis?

  Yes, you can make a cerebral palsy medical negligence claim on a ‘no win, no fee’ basis. This arrangement, also known as a Conditional Fee Agreement (CFA), means that you do not have the financial risk of paying legal fees upfront. If your claim is successful your opponent pays most of your legal costs and only any unrecovered costs will come from a percentage of your settlement, that we agree with you in advance.  An insurance policy will protect you if your claim is unsuccessful.

  There are other forms of funding available in some cases and we will discuss the details of these with you when we take on your case.

• Can I get legal aid funding for a cerebral palsy claim?

  Legal aid can help cover the costs of pursuing a birth injury compensation claim in circumstances where your baby has suffered a brain injury either during pregnancy, at birth or during the first 8 weeks of life. When we speak to you, we will be able to assess whether your claim will be eligible for legal aid. If you are not eligible then we can advise you about other methods of funding, including ‘no win, no fee’ agreements and insurance policy funding.

  Talk to one of our medical negligence lawyers to find out if you qualify for legal aid.

• How long does it take to settle a cerebral palsy compensation claim?

  Cerebral palsy claims can be lengthy due to the time it takes to establish the level of disability a child will have in later life. It’s generally difficult to state what their future might look like until they reach the age of seven or above – but each case is different. The time it takes to settle a claim can also vary depending on:

  • Complexity of the case: More complex cases, especially those involving severe injuries can take longer to resolve.
  • Evidence gathering: The time needed to collect medical records, expert opinions, and other evidence can impact the duration of the claim.
  • Defendant’s response: If the healthcare provider admits liability, the process can be quicker. However, if they contest the claim, it may take longer and could potentially go to court.
  • Negotiation and settlement: Most claims are settled out of court through negotiations, which can speed up the process.
  • Court proceedings: If it is necessary to start court proceedings, it can take several years to reach a conclusion. However, there are still opportunities to settle the claim throughout that process.

  Once a settlement is agreed, you can expect to receive your compensation within a few weeks.

  Each case is unique; speak to one of our specialist solicitors who can provide a more accurate timeline based on the specifics of your situation.

• How do I claim compensation for cerebral palsy?

  Contact us for a free initial consultation. One of our expert medical negligence solicitors will assess the details you give us and advise you whether they think your claim has reasonable prospects. They will help you to understand your options and explain the legal process and what you can expect. They will also talk to you about funding the case.

  We understand that if you are worried that something has gone wrong during the birth of your child, you may be in pain and you may be upset and confused. To put you at ease, a member of our experienced team will talk to you about your concerns and can advise on the steps to be taken. They will also discuss with you how your claim can be funded, including whether the option of legal aid is available to you.

  To begin a claim:

  Call us on 0370 086 8687

  OR

  Message us using our enquiry form and we will get in touch.

  If you have a case, we will be with you throughout the legal process, visiting you in person to help you find out what has happened and to claim compensation for you and your family if there has been negligence.

• How much compensation can I expect for a cerebral palsy claim?

  The amount of compensation you can expect for a CP claim depends on several factors, including the severity of the injury and the impact on the child’s life. Here are some general guidelines:

  Type of damages

  • General damages: These cover pain, suffering, and loss of amenity (how your injuries have affected your lifestyle or way of life).
  • Special damages: These cover financial losses and expenses incurred due to the injury and may include medical costs, ongoing care, travel expenses, treatment costs and loss of earnings. Anticipated future costs can also be claimed.

  Speaking with one of our specialist injury solicitors will enable us to give a more accurate estimate based on your individual situation.

• Are there time limits for making a cerebral palsy medical negligence claim?

  A child has up until their 21st birthday to start a claim in the court, if they have capacity. Parents, a family member or the Official Solicitor may act for them while they are children and/or if they do not have capacity once they reach 18 years old.

  However, the rules on limitation are complex and so it is important to consult with a specialist solicitor as soon as possible to ensure you don’t miss any critical deadlines. We can provide detailed advice based on your specific situation and ensure that a claim is investigated in good time.

• Can I change my cerebral palsy solicitors to Shoosmiths?

  If you’ve already contacted a cerebral palsy solicitor but aren’t happy with the service you’re receiving, or lack confidence in their advice, we’ll happily discuss taking over your case. Our legal experts are among the very best at what they do, so you can be certain we’ll help you secure the best possible outcome.

• Can Shoosmiths help me with NHS early notification scheme claims?

  Yes, we can. If your child is likely to have serious and permanent brain damage, the NHS Early Notification Scheme will investigate. If this occurs, please contact us so that we can assist you. Speak to a specialist solicitor as soon as you are notified.

• Can Shoosmiths take my case if the Health and Safety Investigation Branch (HISIB) is involved?

  Yes, we can take your case. You do not have to wait for the HISIB investigation to conclude.

• Other Shoosmiths experts who can help

  Our Court of Protection team can help manage your compensation award. When your child is ready to go to school, our education law team can support you with EHCP applications.