Cerebral Palsy Claims
Suing the NHS or private healthcare providers for birth trauma
Our specialist solicitors offer free, no-obligation consultations to assess your case and provide expert legal guidance.
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Understanding Cerebral Palsy & Medical Negligence
Cerebral palsy is not progressive, but a permanent lifelong condition resulting from damage to a baby’s brain, which can occur before, during, or shortly after birth. This damage often arises from:
- Oxygen deprivation (asphyxia)
- Infections (including intrauterine infection, like toxoplasma and cytomegalovirus)
- Malformation of the brain
- Intracranial haemorrhage
- Infarction (stroke, arterial, or venous)
- Hypoxic ischaemia (intrapartum, twin-twin transfusion, feto-maternal haemorrhage, and placental insufficiency)
- Meningitis
Complications such as umbilical cord issues, prolonged labour, or excessive force during delivery can also increase the risk of cerebral palsy. These situations are particularly devastating when they result from medical negligence.
Am I Eligible for Compensation?
- Failure to monitor foetal distress: If a baby is deprived of oxygen during birth and this is not acted upon quickly, it can cause lasting brain damage.
- Delays in emergency intervention: A delayed C-section or assisted delivery can increase the risk of cerebral palsy.
- Mismanagement of infections: Untreated conditions such as meningitis or jaundice can lead to severe complications affecting the brain.
- Failure to diagnose and treat low blood sugar: Hypoglycaemia in newborns can cause irreversible damage if not properly managed.
A review of the medical records, imaging, and consideration of the maternal history is the usual starting point to investigate matters. Whilst subtle motor disability or uncoordinated movements can be queried, it is usually around 2 years before a reliable diagnosis can be made.. There is no substitute for a high-quality clinical examination by an experienced paediatric neurologist and other appropriate medical experts.
We will cover the costs unless we win your case.
No-win-no-fee
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Specialist negligence solicitors
No-win-no-fee
24/7 Support
Specialist negligence solicitors
Am I Eligible to Make a Claim?
To bring a successful claim, four key elements must usually be proven:
1
Duty of care
The healthcare provider had a legal responsibility to care for you.
2
Breach of duty
The care fell below acceptable medical standards.
3
Causation
The harm you suffered was a direct result of that substandard care.
4
Damage
You experienced physical, emotional, or financial harm as a consequence.
Is there a time limit?
You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.
Related Claims
Birth Injury Claims
Erb’s Palsy Claims
Brain Injury Claims
C-Section Negligence Claims
Complications with Induced Labour
Surgical Errors
Maternity & Pregnancy Negligence
Your Questions Answered
Who can make a cerebral palsy claim?
Parents or legal guardians can make a claim on behalf of a child diagnosed with cerebral palsy due to medical negligence. If a claim is not made before the child turns 18, the individual may be able to pursue a claim themselves until their 21st birthday.
Can adults with cerebral palsy claim compensation?
Yes, adults with cerebral palsy can make a claim if their condition resulted from medical negligence at birth. If they have mental capacity, they must file their claim before their 21st birthday.
If they lack mental capacity, there may be no time limit, allowing them to claim at any point. Seeking legal advice as soon as possible ensures the best chance of securing compensation.
How long do I have to make a claim?
- For children: A parent or guardian can claim on their behalf until they turn 18. After this, the individual has three years (until age 21) to bring a claim themselves.
- For adults: If the person has mental capacity, the usual time limit applies—three years from their 18th birthday. If they do not have the mental capacity to manage their affairs, there may be no time limit.
How is compensation calculated?
The amount awarded depends on several factors, including:
- The severity of the condition: Those requiring 24-hour care or intensive therapy may receive higher settlements.
- Medical and therapy costs: Including physiotherapy, occupational therapy, and assistive technology.
- Impact on daily life: Compensation considers mobility, independence, and employment potential.
- Financial losses: If a parent must leave work to provide care or if the individual is unable to work, compensation may cover lost earnings and future financial needs.
What is a No Win No Fee claim?
A No Win No Fee agreement allows you to pursue a claim without upfront legal costs. You will only pay if the claim is successful, making it a risk-free way to seek justice.
Additional Resources
Who do you want to file a claim against?
Suing the NHS for negligence
Suing the hospital for negligence
Suing my GP for negligence
Suing my dentist for negligence
What’s the reason for your claim?
Suing for malpractice
Suing for misdiagnosis
Suing for delayed diagnosis
Suing for surgical negligence