Cerebral Palsy Claims

Cerebral Palsy is not a disease but a clinical description of conditions that share features of a non-progressive brain injury or lesion.

The NHS defines Cerebral Palsy as:

“…a group of lifelong conditions that affect movement and coordination. It’s caused by a problem with the brain that develops before, during or soon after birth.”

The Office for National Statistics provides an estimate that for every 700,000 per year in England and Wales, there may be as many as 1,700 new cases of cerebral palsy in children.

Most causes can be traced back to the perinatal period (the time between becoming pregnant and 12 months after giving birth.

There are four primary types of cerebral palsy, with each causing complications. The type your child develops depends on where their brain injury is and how the damage occurred.

This form of cerebral palsy causes stiff muscles, which result in jerky or repeated movements. Spastic Cerebral Palsy is further classified into three forms, including:

• Hemiplegia: Spastic Hemiplegia – also known as hemiparesis – affects the arm, the hand, and sometimes the leg on one side of the body.
• Quadriplegia: This form of cerebral palsy is the most severe, as it can restrict movement in the legs and arms. Some people might also experience facial and torso muscle problems.
• Diplegia: Spastic diplegia is usually limited to the legs, but some people might experience arm muscle stiffness.

People with dyskinetic cerebral palsy struggle to control their muscles, often resulting in slow and uncontrollable jerky movements of the hands, feet, arms, or legs. The facial muscles and tongue may also be overactive, leading to drooling and an inability to control facial movements. 

Ataxic cerebral palsy occurs when the brain’s cerebellum, which controls coordination and balance, is damaged. Children with this form of the condition experience issues with depth perception, balance, and fine motor skills.

Some children might experience a combination of some or all of the above symptoms. The most common combination is spastic-ataxic cerebral palsy, but it’s possible to suffer from a combination of all types, which causes long-term difficulties.

Cerebral Palsy can result from medical negligence for reasons such as:

• Medical professionals do not identify or manage infections during pregnancy.
• Not monitoring the foetal heart rate before and during labour.
• Failure to treat jaundice or other types of conditions can result in the infant not getting enough oxygen.
• Delaying the decision to perform an emergency C-section.
• Poor use of delivery instruments such as forceps.

There is no cure for Cerebral Palsy; however, rehabilitation and other treatments can help children manage their disabilities. If your child’s cerebral Palsy was caused by negligence, bringing a claim can provide access to the funds needed for private treatment and rehabilitation.

Many cerebral palsy cases are caused by developmental issues before birth. For example, if a child’s brain develops abnormal patterns while in the womb, it’s nobody’s fault as the condition was caused during your pregnancy.However, if your child experiences brain damage during or after birth, you could be eligible for compensation. You’ll need to prove:

1. The level of care your child received was below the standards expected of healthcare professionals—this counts as negligent medical care.
2. The negligence caused your child’s cerebral palsy.

If your solicitor successfully outlines the above, you can begin the cerebral palsy claims process.

If you believe you’re eligible to claim compensation, it’s best to seek free legal advice. Calling 0800 234 6438 or using the online form gives you access to a legal advisor who will assess your claim and reveal whether you could receive compensation.

They’ll then connect you with specialist no win no fee cerebral palsy solicitors who represent you throughout the cerebral palsy claims process.

Your solicitor will look at the circumstances surrounding your case to establish what caused your child to develop cerebral palsy. Evidence is vital for birth injury claims, as the entire case depends on providing the healthcare professionals were responsible for any complications.

Once your solicitor has the required information, they’ll calculate a ballpark figure and meet with the negligent party’s insurance company.

The insurance company will want evidence of the injuries and how they impact your child’s life. While medical assessments aren’t always necessary, most insurance providers will ask your child to attend one, as it highlights the extent of their cerebral palsy.

The majority of compensation claims are settled out of court, but your solicitor might advise you to take the case to court if both parties cannot reach an agreement.

Once you and the negligent party settle, your solicitor will take their fees (typically up to 25% of your compensation), and you’ll receive the rest. There are no financial risks associated with no win no fee claims; if your case isn’t successful, you don’t pay a thing.

Cerebral palsy compensation claims can only be successful if your solicitor proves that your child’s injuries resulted from negligence. The following forms of evidence are vital for the claim:

• Medical Records: Your medical records will include notes from your doctors, including whether they explained the potential complications and if there were complications during birth.
• Eyewitnesses: In some cases, you might be able to find eyewitnesses that can corroborate your version of events.
• Specialists: Cerebral palsy lawyers might also ask independent medical experts to assess your child’s case and offer their opinions.

Your compensation amount depends on the degree of negligence and how cerebral palsy will impact your child’s life. As an incurable condition that causes mobility issues, most children require long-term care, but proving negligence means you’ll receive financial support.

All compensation claim calculations have two elements:

1. General Damages: The injury/condition and the amount of pain and suffering it causes.
2. Special Damages: Long-term expenses, including home adaptations, medical support, mobility aids, time off work and anything else.

While cerebral palsy claim amounts differ, they factor in long-term complications. For example, you’ll claim for your child’s brain injury, but it’s also possible to factor in epilepsy if it results in complications at birth.

Some claims could receive millions, based on the evidence your solicitor collects, but each case is different.

The following amounts are based on previous claims. However, we recommend you speak to your solicitor, as they’ll be able to reveal how much compensation you should receive.

Claiming compensation can provide some much-needed financial support for your child. Many parents have to give up work, and the extra money might pay for specialist treatments, home adaptations and other expenses associated with the injury.

If you’d like to discuss your eligibility for compensation, please seek free legal aid by calling 0800 234 6438 or using the online form. Your advisor will assess your child’s injuries and connect you with a no win no fee legal service.

The Limitation Act 1980 provides that Claimants have three years from the date of the injury to initiate a medical negligence claim. However, in Cerebral Palsy cases, the Claimant is often a child who has three years after turning 18 to make a claim.

Claiming as soon as possible gives you plenty of time to settle the case. Medical negligence is notoriously complex to prove, but the longer your solicitor has, the more evidence they can collect.

Making a no win no fee cerebral palsy claim gives you peace of mind, as you won’t have to worry about upfront fees. While traditional solicitors will usually take on a cerebral palsy negligence case, they have hourly rates, and there’s no guarantee that you’ll win compensation.

With a no win no fee solicitor, you don’t pay anything unless the solicitor wins your case. There are zero financial risks.

The money from cerebral palsy negligence claims can be spent on anything your child needs. For example, some children might experience severe learning difficulties, and specialist schooling could be beneficial.

Occupational therapy, home adaptations and saving money for your child’s future will help them navigate their condition and enhance their quality of life.