Cerebral palsy is a neurological disorder that affects movement and muscle coordination, presenting lifelong challenges for individuals and their families. If your family has been affected by cerebral palsy, it is important that you are able to access the right support to deal with its long-term impact.

If you believe medical errors might have caused your child’s cerebral palsy, speaking to specialist clinical negligence solicitors can be instrumental in helping your family work through the complexities of gathering evidence, seeking expert medical opinions, and building a strong case aimed at securing fair compensation and lifelong support.

Specialist cerebral palsy solicitors, such as the team at JMW, have extensive experience successfully representing families affected by cerebral palsy caused by clinical negligence. In this blog post, we will explain how JMW’s dedicated team can support your cerebral palsy claim, ensuring you receive both the compensation and the comprehensive care your family deserves.

How Can Cerebral Palsy Be Caused by Medical Negligence?

Cerebral palsy can often result from complications occurring before, during or shortly after childbirth. While many instances of cerebral palsy arise from unavoidable factors, there are cases where preventable medical mistakes or inadequate care lead directly to the condition.

Common examples of medical negligence that may result in cerebral palsy include:

• Delayed intervention during childbirth: Medical professionals, such as doctors or midwives, may fail to identify and respond promptly to signs of foetal distress, including reduced oxygen levels. Quick interventions, such as an emergency caesarean section, could prevent lasting brain injuries.
• Incorrect use of delivery instruments: Forceful or inappropriate handling of medical tools like forceps or ventouse during delivery can cause trauma to the baby’s head, potentially leading to cerebral palsy.
• Failure to detect and treat infections: If infections such as meningitis in either the mother or baby are not promptly diagnosed and managed, they can lead to damage in the developing brain.
• Mismanagement of medical conditions: Conditions like severe jaundice (resulting in kernicterus brain damage) or hypoglycaemia (low blood sugar) need timely diagnosis and treatment. When overlooked or improperly managed, these conditions can result in brain injury.

In cases involving medical negligence, specialist solicitors and independent medical experts work closely together to investigate and identify precisely how the negligence occurred, enabling affected families to understand clearly what went wrong.

Learn more about how to make a medical negligence claim for cerebral palsy.

How to Prove Fault in Cerebral Palsy Negligence Cases

To successfully claim compensation for cerebral palsy caused by medical negligence, you must clearly demonstrate that the medical care provided fell below acceptable professional standards and directly resulted in your child’s condition. A central element of proving fault is establishing that a healthcare professional owed a duty of care to you and your child, and that this duty was breached through negligent actions or inaction.

Duty of care means medical professionals - including doctors, midwives, nurses and surgeons - are legally obligated to provide care that meets recognised professional standards. They must ensure the safety and wellbeing of their patients by acting in line with established medical practices and guidelines.

To demonstrate that this duty of care was breached, your solicitor will gather evidence such as:

• Medical records: A detailed review of pregnancy and birth notes, neonatal records, and other relevant documentation helps reveal whether medical professionals acted appropriately throughout your pregnancy, labour, and after your child’s birth.
• Expert medical evidence: Independent medical specialists, including obstetricians, paediatric neurologists, midwives and neonatal experts, will assess the circumstances around your child's cerebral palsy diagnosis. They evaluate whether medical practitioners adhered to professional standards and clearly explain how any breaches in care directly contributed to your child's condition.
• Witness statements: Accounts from medical professionals involved in the care process offer insight into decisions made and actions taken during critical moments. These statements can clarify events and pinpoint exactly how the duty of care was breached.
• Imaging and diagnostic tests: MRI scans, ultrasounds and other diagnostic imaging techniques are analysed to determine the timing, nature and cause of the brain injury. Such evidence can support your claim by clearly linking the negligence to your child's cerebral palsy.

By carefully examining this evidence, solicitors specialising in clinical negligence can build a detailed, accurate picture demonstrating how healthcare professionals failed to meet their duty of care, and how this failure directly caused your child's condition.

What Is the Claims Process?

If you decide to pursue a cerebral palsy negligence claim, it’s helpful to understand the main stages of the legal process. Solicitors specialising in clinical negligence provide guidance at every stage, making the journey as straightforward and stress-free as possible for you and your family.

Typically, the claims process involves these key steps:

1. Initial consultation and assessment: You'll discuss your child's situation with a solicitor who'll listen carefully and with empathy to your concerns. They'll ask about your experience and circumstances to understand whether your case is suitable for a negligence claim.
2. Gathering medical evidence: Your solicitor will collect all relevant medical records, including pregnancy notes, birth records, and postnatal care documentation. Independent medical specialists will review this information and produce detailed reports to determine if negligence caused your child’s cerebral palsy.
3. Letter of claim: Once evidence is gathered, your solicitor sends a formal Letter of Claim to the healthcare provider responsible. This clearly outlines the allegations of negligence and the injuries caused. The healthcare provider has a set time to respond, either admitting or disputing responsibility.
4. Negotiation and settlement discussions: If fault is admitted, solicitors negotiate with the healthcare provider’s legal representatives to agree appropriate compensation. Most cases are resolved through these negotiations, without needing court proceedings.
5. Court proceedings: If an agreement cannot be reached through negotiation, your solicitor may recommend starting formal court proceedings. Even after beginning this process, many cases still conclude before reaching a court hearing.

Throughout the process, your solicitor will keep you fully informed and supported, helping you understand your options clearly at every stage.

Learn more about the medical negligence claims process.

How Is Compensation Calculated?

When pursuing a cerebral palsy negligence claim, compensation is carefully calculated to reflect the unique, lifelong needs of your child and your family’s individual circumstances. Solicitors work closely with medical experts, care specialists, therapists and financial experts to understand exactly what support your child needs, both now and in the future.

Compensation calculations typically consider the following factors:

• Cost of care and support: Compensation covers professional care costs, including physiotherapy, speech therapy, occupational therapy, and specialist medical treatment, for as long as necessary.
• Adaptations and specialist equipment: Funding for home adaptations, specialist vehicles, mobility aids, communication devices, and other essential equipment required to support your child's daily life and independence.
• Pain, suffering, and loss of amenity: Acknowledgement of the physical, emotional, and social impact cerebral palsy has on your child's life, reflected as part of the compensation amount.
• Education and rehabilitation needs: Compensation gives your child access to specialist educational services, additional support where required and ongoing rehabilitation programmes.

Compensation awards aim to support your child's quality of life, providing financial stability and ensuring that their current and future needs are fully met.

What Other Support Is Available?

Alongside legal support, there are many services and resources dedicated to helping people who live with cerebral palsy and their families. These resources can provide practical assistance, emotional support, and opportunities for children and young adults to thrive.

• JMW’s Cerebral Palsy Hub offers a range of helpful resources, including expert advice, family stories, and information about living with cerebral palsy.
• Cerebral Palsy Sport provides sporting opportunities for children and adults with cerebral palsy. The charity offers inclusive programmes that promote physical fitness, social connection, and confidence building.
• Brainwave works with families to deliver therapy programmes that help children with disabilities achieve greater independence. They offer personalised therapy services tailored to each child's needs.

Accessing additional support can help families feel less isolated, find new ways to assist their child's development, and build valuable networks within the community.