Cerebral Palsy Compensation Claims 

If your child has cerebral palsy and you believe medical negligence may have caused their condition, our specialist cerebral palsy solicitors are here to help you understand your options. We know how deeply a cerebral palsy diagnosis can affect your child’s life and your family’s future, and we provide clear, supportive legal advice from the very first conversation.

Cerebral palsy compensation claims can arise when avoidable errors during pregnancy, labour, delivery or newborn care cause a baby to sustain a brain injury. This may include failures by a midwife, obstetrician, doctor or nurse to recognise fetal distress, respond to potential concerns about oxygen deprivation, arrange an urgent delivery, treat jaundice or manage another serious risk to the baby’s brain.

At JMW, we investigate whether medical negligence caused your child’s cerebral palsy and pursue compensation where the care provided fell below an acceptable standard. Compensation can support your child’s long-term needs, including care, therapy, specialist equipment, adapted accommodation, education and other ongoing expenses.

We offer a free initial consultation and will explain the funding options available, including legal aid where this applies and no win, no fee agreements where appropriate.

To speak to our cerebral palsy lawyers, call us on 0345 872 6666, or complete our online enquiry form and we will get back to you.

How JMW Can Help With Cerebral Palsy Compensation Claims

The cerebral palsy lawyers at JMW Solicitors are among the most qualified and well-respected specialists in this field, and are ideally positioned to support families making medical negligence claims for cerebral palsy.

Led by Eddie Jones and Angharad Hughes, our medical negligence team has helped many families and children who have needed to make a cerebral palsy compensation claim due to negligence by a midwife, doctor, obstetrician, nurse or other healthcare professional. Compensation has enabled families to access the accommodation, care, therapy and specialist equipment their child needs in order to live with cerebral palsy as comfortably and independently as possible.

JMW’s solicitors dealing with cerebral palsy claims can demonstrate their expertise in a number of ways:

• We have extensive previous experience of securing successful outcomes in cerebral palsy negligence claims, including cases involving birth injury, brain injury and negligent care shortly after birth. You can read about the cases JMW has helped with
• We have high rankings in the respected independent legal guides Chambers and Partners and the Legal 500
• Our team includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel
• We have strong links with charities providing additional support to children who live with cerebral palsy and their families such as Peeps HIE
• We have a high rating on the independent customer review site Trustpilot

You can place your trust in JMW’s specialist team to treat your child’s cerebral palsy claim with professionalism, efficiency, sensitivity and understanding. Our aim is to resolve your child’s cerebral palsy compensation claim as efficiently as possible, while pursuing the maximum compensation available based on their individual needs and circumstances.

Over many years, we have vast experience in making successful cerebral palsy compensation claims. We provide the guidance families need to understand the cerebral palsy claims process and pursue support that can help their child not only now, but for many years to come.

Additionally, we will help to ensure that the process of claiming cerebral palsy compensation does not come at your family’s expense. By working with us, your child’s cerebral palsy claim can be funded through a no win, no fee agreement, or legal aid where this is available.

Meet the Team

JMW has a wealth of experience acting for the families of children affected by cerebral palsy due to medical negligence. We can investigate how substandard care caused your child's brain injury and pursue the compensation they are owed for the lifelong support and care they will need.

Case Studies

What Is Cerebral Palsy?

Cerebral palsy is the name for a group of lifelong conditions that affect movement and co-ordination. It is caused by a problem with the brain that develops before, during or soon after birth.

Cerebral palsy affects each child differently. Some children have mild movement difficulties, while others need significant support with mobility, communication, feeding, personal care and learning. A child with severe cerebral palsy may need lifelong care, specialist therapy, adapted accommodation and equipment to help them with day-to-day life.

Common features of cerebral palsy can include:

• Delays in reaching movement milestones, such as sitting, crawling or walking
• Muscle stiffness or floppiness
• Weakness in the arms or legs
• Uncontrolled or unusual movements
• Problems with balance and co-ordination
• Difficulty feeding, swallowing or communicating
• Learning difficulties, epilepsy, vision problems or hearing problems in some children.

There are different types of cerebral palsy, including spastic cerebral palsy, dyskinetic cerebral palsy and ataxic cerebral palsy. Some children have mixed cerebral palsy, which means they demonstrate features of more than one type.

Read more about cerebral palsy from the NHS, or by reading our guide to the basics of cerebral palsy.

What Causes Cerebral Palsy?

Cerebral palsy is caused by a problem with the way a baby’s brain develops, or by damage to the brain before, during or soon after birth. This can affect the areas of the brain that control movement, posture and co-ordination.

In some cases, cerebral palsy is linked to events that could not reasonably have been avoided. In others, it may be linked to medical negligence, especially where a doctor, midwife, nurse or obstetrician failed to recognise or respond to a serious risk during pregnancy, labour, delivery or newborn care.

Possible causes and risk factors for cerebral palsy include:

• Oxygen deprivation: if a baby’s brain does not receive enough oxygen during labour or delivery, this can cause a brain injury.
• Reduced blood supply to the brain: problems with blood flow can prevent the baby’s brain from receiving the oxygen and nutrients it needs.
• Infection during pregnancy or after birth: some infections can increase the risk of brain injury if they are not recognised and treated appropriately.
• Premature birth: babies born prematurely have a higher risk of brain injury because their organs and brain are still developing.
• Bleeding in or around the brain: this can damage brain tissue and affect development.
• Severe jaundice: if jaundice is not treated, it can lead to a type of brain damage called kernicterus.
• Low blood sugar after birth: untreated hypoglycaemia can cause damage to a newborn baby’s brain.

The key question in a cerebral palsy medical negligence claim is not simply what caused the child’s cerebral palsy, but whether avoidable negligent care caused or contributed to the brain injury.

Read our guide to the causes of cerebral palsy to learn more.

When Can Medical Negligence Cause Cerebral Palsy?

Medical negligence can cause cerebral palsy when a baby sustains a brain injury because a doctor, midwife, obstetrician, nurse or other healthcare professional fails to provide an acceptable standard of care. In many cerebral palsy claims, the key issue is whether the baby’s brain injury could have been avoided if the risk had been recognised and managed properly.

Cerebral palsy medical negligence claims often involve errors during pregnancy, labour, delivery or the period shortly after birth.

Medical negligence during pregnancy

A baby may be at greater risk of brain injury if a serious issue during pregnancy is not identified or managed properly. This may include a failure to:

• Monitor a high-risk pregnancy
• Act on reduced fetal movements
• Diagnose or treat maternal infection
• Identify problems with the placenta
• Refer the mother to a consultant-led maternity team where this is needed
• Arrange closer monitoring when there are concerns about the baby’s growth or wellbeing

Medical negligence during labour and delivery

During labour and delivery, doctors and midwives must monitor the baby and respond quickly when there are signs of foetal distress. A cerebral palsy birth injury claim may arise if poor care causes oxygen deprivation or another injury to the baby’s brain.

Examples include:

• Failure to monitor the baby’s heart rate properly
• Poor interpretation of CTG traces
• Failure to recognise foetal distress
• Delay in escalating concerns to an obstetrician
• Delay in carrying out an assisted delivery or urgent caesarean section
• Negligent management of labour-inducing drugs
• Failure to manage shoulder dystocia or another serious complication appropriately

Medical negligence after birth

Some cerebral palsy negligence claims involve errors shortly after birth. Newborn babies need careful monitoring if they show signs of breathing problems, infection, low blood sugar, jaundice or other serious concerns.

Examples include:

• Failure to recognise and treat breathing difficulties
• Failure to treat newborn jaundice, which can lead to kernicterus
• Failure to monitor or treat low blood sugar
• Delay in diagnosing meningitis or another serious neonatal condition
• Failure to transfer the baby to neonatal intensive care when this is needed
• Failure to act on seizures, abnormal movements or other signs of brain injury

If you are concerned that negligent care caused your child’s cerebral palsy, JMW’s solicitors dealing with cerebral palsy claims can review what happened and explain whether you are able to make a medical negligence claim.

Can I Make a Cerebral Palsy Claim?

You may be able to make a cerebral palsy compensation claim if your child’s condition was caused by medical negligence during pregnancy, labour, delivery or newborn care. This means showing that a doctor, midwife, obstetrician, nurse or other healthcare professional provided care that fell below an acceptable standard, and that this caused or contributed to your child’s brain injury.

A cerebral palsy claim may be possible if your child’s injury was linked to:

• A failure to monitor or respond to foetal distress
• A delay in delivery
• A delay in carrying out a caesarean section
• Negligent management of labour
• A failure to diagnose or treat infection
• A failure to treat jaundice, low blood sugar or breathing problems after birth
• Other negligent care that caused your child to sustain brain damage

Parents or guardians can usually bring a claim on behalf of a child who is under 18. If the child is over 18 and has mental capacity, they may need to bring the claim themselves. If they lack mental capacity to manage a claim, a parent, guardian or another trusted person may be able to act on their behalf.

You do not need to know exactly what went wrong before speaking to a solicitor. Our cerebral palsy solicitors will review the medical records, speak to independent medical experts and explain whether there is evidence to support a medical negligence claim.

What Does Cerebral Palsy Compensation Cover?

Cerebral palsy compensation is intended to support your child’s needs, both now and in the future. Every child’s condition is different, so the value of a cerebral palsy compensation claim depends on the level of care, therapy, equipment, accommodation and support your child needs throughout their life.

Compensation may help to cover:

• Care and support: this may include professional carers, support workers, case management and the care provided by parents or family members.
• Therapy and rehabilitation: this may include physiotherapy, occupational therapy, speech and language therapy, and other specialist support that helps your child with movement, communication and daily living.
• Specialist equipment: this may include wheelchairs, standing frames, hoists, specialist seating, communication aids, adapted beds and other equipment your child needs at home, school or in the community.
• Adapted accommodation: some children need changes to the family home, or a move to more suitable accommodation, so they can live safely and comfortably.
• Education and learning support: compensation may help to fund specialist assessments, additional educational support and planning for your child’s future.
• Transport and mobility: this may include adapted vehicles, transport support and other costs linked to your child’s mobility needs.
• Medical expenses and ongoing costs: this may include private medical care, appointments, travel costs and other expenses linked to your child’s condition.
• Future needs: compensation should reflect how your child’s needs may change as they grow older and move into adult life.

In cases involving severe quadriplegic cerebral palsy or severe brain injury, a child may need round-the-clock care and specialist support throughout their life. In these cases, cerebral palsy compensation can play an important role in making sure those needs are properly assessed and planned for.

JMW works with independent care experts, therapists and other specialists to understand how your child’s condition affects their day-to-day life. This enables us to build a claim that reflects your child’s needs now and in the future.

Learn more about the treatment options available for cerebral palsy.

Idris' story

Watch Idris' story below to learn more about the difference early legal advice can make, or read the full story here.

My name is Malali and I'm Idris's mum. Idris is a cheeky monkey; everything about Idris is special!

Idris was born on September 14th 2020. A couple of days after Idris was born, he developed jaundice. I contacted my midwife just to raise some concern. I was told that it was just normal, but the following day I noticed that Idris was becoming more sleepy. I was struggling with feeding, and I felt this was not normal, so I called the ambulance.

When they tested the level of bilirubin, it was off the chart, so we were transferred to a specialist hospital and given a double blood transfusion. It's very vague, that conversation with the consultant who came with the results; I just remember him saying that there's quite a lot of white spots, and that's when they used the term: kernicterus brain damage.

The midwife failed to follow NHS guidelines and missed the danger Idris was in, delaying his hospital referral. The injury to Idris’ brain has caused cerebral palsy in all four limbs, a visual impairment, and hearing loss.

You just feel your world is just collapsing on all angles, and you just feel helpless. We thought something drastically must have gone wrong here.

It wasn't until speaking to Eddie Jones that it just all made sense. JMW has helped us immensely; having a private team who are so enthusiastic about the future, about Idris, about what he will be able to achieve. Having the expert knowledge of Eddie and the rest of the firm is just a weight off your shoulders.

Idris will have live-in carers in future as he grows. Life can be challenging, but to have the disabilities that Idris has and not to worry about work, about paying bills, this will just all allow Idris to have the best possible life that he can live.

What Evidence Is Needed for a Cerebral Palsy Medical Negligence Claim?

Evidence is central to a cerebral palsy medical negligence claim. It helps to show what happened, whether the care provided fell below an acceptable standard, and how your child’s brain injury affects their life now and in the future.

The evidence needed may include:

• Maternity records: these can show how the pregnancy and labour were managed, including any concerns about foetal distress, reduced foetal movements or complications.
• CTG traces: these record the baby’s heart rate during labour and may show whether doctors or midwives should have acted sooner.
• Delivery and neonatal records: these can show what happened at birth and shortly afterwards, including breathing problems, low blood sugar, jaundice, seizures or admission to a neonatal unit.
• Scans and test results: MRI scans, cranial ultrasound scans, blood tests and other records may help to identify when and how the brain injury occurred.
• GP, health visitor and therapy records: these can show how your child’s cerebral palsy diagnosis developed and what support they have needed over time.
• Evidence from parents and carers: in your own account, you can explain what you were told, what you remember happening and how your child’s condition affects daily life.
• Independent medical expert evidence: specialists such as obstetricians, midwives, neonatologists and paediatric neurologists may be asked to give their opinion on the care provided and the cause of the brain injury.
• Care and support evidence: reports from care experts, physiotherapists, occupational therapists, speech and language therapists, accommodation experts and education specialists may help to assess your child’s long-term needs.

You do not need to gather all of this evidence before speaking to JMW. Our cerebral palsy solicitors will request the relevant records, review the evidence and instruct independent experts where needed. We will then explain whether there is evidence to support a cerebral palsy compensation claim.

Time Limits for Cerebral Palsy Claims

The time limit for cerebral palsy compensation claims depends on whether the claim is being made for a child or by an adult who lives with cerebral palsy.

If your child is under 18, a parent, guardian or another suitable person can usually bring a claim on their behalf at any point before their 18th birthday. This person is known as a litigation friend.

If no claim is made during childhood, the child will usually have three years from their 18th birthday to bring their own claim. This means they will usually have until their 21st birthday to start the claim, provided they have mental capacity to manage it themselves.

If the person who lives with cerebral palsy does not have the mental capacity to make legal decisions, the usual three-year time limit may not apply. In these circumstances, a litigation friend may be able to bring a claim on their behalf.

It is sensible to seek independent legal advice as soon as you can. Read our explainer on the time limits for making a medical negligence claim, or get in touch with us promptly, as early advice allows our cerebral palsy solicitors to review the medical records, preserve important evidence and explain the options available to you and your child.

How Long Do Cerebral Palsy Claims Take?

Cerebral palsy compensation claims often involve detailed investigation because they must look at both the cause of the child’s brain injury and their lifelong care needs. The time a claim takes will depend on the facts of the case, the child’s age, the available medical evidence and whether the other party accepts responsibility.

A cerebral palsy claim may take longer where the child is still very young. This is because doctors, therapists and other specialists may need time to understand the full impact of the child’s cerebral palsy, including how their mobility, communication, learning, care and equipment needs may develop as they grow.

The claims process may involve:

• Reviewing maternity, delivery and neonatal records
• Instructing independent medical experts
• Assessing the child’s care, therapy, accommodation and equipment needs
• Calculating the child’s future losses and ongoing expenses
• Negotiating with the other party
• Preparing for court proceedings where this is needed

In some cerebral palsy claims, interim payments may be available before the claim concludes. These can fund care, therapy, specialist equipment or accommodation adaptations while the full value of the claim is being assessed.

Q

What are the different types of cerebral palsy?

A

The term 'cerebral palsy' encompasses a number of related but distinct conditions, and each type of cerebral palsy has its own specific symptoms. The three main forms are spastic cerebral palsy, ataxic cerebral palsy and dyskinetic cerebral palsy, which manifest in the following ways:

• Spastic cerebral palsy is mostly associated with muscle stiffness and tightness, leading to abnormal movements and limitations in the child's range of movement.
• Dyskinetic cerebral palsy causes the muscles to alternate between stiffness and floppiness, resulting in spasms, uncontrolled movement and abnormal muscle tone. Dyskinetic cerebral palsy is also sometimes known as athetoid cerebral palsy.
• Ataxic cerebral palsy causes balance and coordination issues, resulting in wobbly or awkward movements and occasional tremors that make it difficult to walk, hold objects or write.

Additionally, some children will be affected by mixed cerebral palsy, which combines symptoms from multiple types of cerebral palsy. Most commonly, this means the child will experience symptoms of dyskinetic and spastic cerebral palsy simultaneously.

Read our guide to the different types of cerebral palsy.

Q

How common is cerebral palsy?

A

According to data quoted by the charity group Scope, cerebral palsy affects around one in every 400 children in the UK, while data from the National Institute for Health and Care Excellence indicates that cerebral palsy affects around one in every 500 live births each year.

Meanwhile, Cerebral Palsy Sport states that around 160,000 people currently have cerebral palsy in the UK, including 130,000 adults and 30,000 children. Take a look at our cerebral palsy statistics guide to find out more about the prevalence of this condition.

Q

How is cerebral palsy diagnosed?

A

Diagnosis usually involves a period of waiting for the definite and permanent appearance of specific motor problems, but most cases can be diagnosed by the age of 18 months. Until recently, there was a widespread belief that all cases of cerebral palsy were a result of birth complications but, following extensive research, it has now been determined that this is not the case. Even though the cause of many cases of cerebral palsy is not known, it is estimated that about 10 per cent can be directly attributable to brain injury during birth.

To determine whether a child has cerebral palsy, doctors will take the following steps:

• Review the child's medical history and development, and whether or not the child sustained a birth injury or any other problems before, during or shortly after birth
• Check the symptoms of cerebral palsy, including a review of the child's movements and learning abilities
• Perform a brain scan, such as a cranial ultrasound scan, an MRI scan or a CT scan

Q

Can I claim if my child’s cerebral palsy diagnosis came later?

A

Yes, you may still be able to make a cerebral palsy compensation claim if your child’s diagnosis came later. Many children are not diagnosed with cerebral palsy straight away, especially if their symptoms become clearer as they grow and develop.

The key question is whether medical negligence caused or contributed to the brain injury. JMW’s cerebral palsy solicitors can review maternity records, delivery notes, CTG traces, neonatal records, scans and other evidence to investigate whether avoidable errors during pregnancy, labour, delivery or newborn care played a part.

Q

What accommodations can be provided for a child with cerebral palsy?

A

A child with cerebral palsy may need adaptations at home, at school and in the community. These accommodations are intended to make daily life safer, more accessible and more comfortable.

Depending on the child’s needs, this may include adapted bathrooms, widened doorways, ramps, lifts, hoists, specialist seating, accessible bedrooms, space for carers and safer areas for therapy or personal care. Some children may also need specialist equipment, communication aids, adapted transport and support at nursery, school or college.

In a cerebral palsy compensation claim, independent accommodation, care, therapy and equipment experts may assess what the child needs now and what they are likely to need in the future.

Read more about the difference that specialist accommodation can make in helping people living with cerebral palsy to better cope with the condition.

Read more

For more information and support for families affected by cerebral palsy, take a look at the following resources:

• Cerebral Palsy Hub: our hub brings together information about cerebral palsy diagnosis, articles from people who live with cerebral palsy, and guidance on support groups available to families.
• The Ultimate Cerebral Palsy Resource List for Families: this comprehensive guide includes links to charities, support groups, therapy and care services, adaptive equipment providers, education support, respite services and research organisations.