The term ‘cerebral palsy’ encompasses a group of lifelong conditions affecting movement and balance, which is due to a brain development problem occurring at any point before, during or after birth. As a parent, you may have been excited to welcome a new addition to your family and trusted your doctors to ensure the safe arrival of your baby. However, if your child suffers from an avoidable brain injury leading to cerebral palsy due to your doctor’s negligence, you may wish to make a cerebral palsy compensation claim on behalf of your child.
At Legal Expert, we understand how devastating it can be when your child struggles to achieve developmental milestones and to navigate their daily lives. Our medical negligence solicitors handle all cases skillfully and with empathy to ensure a fair payout for your child. Get in touch with us now for a free consultation.
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Who Can Make A Cerebral Palsy Compensation Claim
A cerebral palsy compensation claim can be made either by the child who developed the condition due to medical negligence, or the mother of the child on their behalf. We will expand on both the options after understanding the eligibility requirements for cerebral palsy claims.
All healthcare professionals have a responsibility to ensure that they provide proper care to their patients and avoid unnecessary harm. This is known as a duty of care, which also applies to obstetricians during childbirth, towards both the mother and child. If the healthcare professional fails to maintain the expected standards of care and causes the child a brain injury, which leads to cerebral palsy, then negligence is said to have occurred.
Therefore, the eligibility for cerebral palsy compensation claims is as follows:
- A medical professional had a duty of care towards you and your child. This can be a nurse, midwife, obstetrician, attending doctor or any other professional.
- They breached this duty of care.
- This breach of duty caused your child to develop cerebral palsy, which was avoidable.
We will now explore how cerebral palsy claims can be made and by whom:
Can I Claim For Cerebral Palsy As An Adult?
Yes, you can claim for cerebral palsy as an adult, or after you turn 18. This is because a minor cannot make their own compensation claims. However, it is recommended that a loved one start the claim on your behalf as soon as possible to ensure a clear memory of how the medical negligence occurred.
Can I Claim On Behalf Of My Child Who Has Cerebral Palsy?
Yes, you can claim on behalf of your child who has cerebral palsy by applying to the court to become a litigation friend. The court will make the appointment after determining your suitability for the position against the following criteria:
- You are capable of making fair decisions for the best interests of your child.
- There is no scope for conflict of interest.
Once you become a litigation friend, your duties include:
- Deciding in your child’s best interests.
- Providing regular updates to your child about the progress of their claim and finding out their wishes.
- Having regular conversations and discussions with your child’s solicitor and instructing them about your child’s wishes.
- Paying court-ordered costs.
Get in touch with us now for more information on claiming on behalf of your child.
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How Can Cerebral Palsy Be Caused By Medical Negligence?
Cerebral palsy can be caused by medical negligence, such as a delayed caesarean, failure to manage maternal infections, incorrect use of forceps and inability to detect complications. We will examine these instances in greater detail:
Delayed Caesarean
Certain conditions require an immediate caesarean section, such as:
- Uterine rupture
- Foetal distress
- Placental abruption
- Prolonged labour
If there is a delay in carrying out a caesarean, it could lead to a brain injury or oxygen deprivation, which can manifest in the form of cerebral palsy.
For Example: A mother’s labour isn’t progressing as it should, and a caesarean isn’t performed immediately. This causes the baby’s head to be stuck inside for a long time, leading to brain damage due to a lack of oxygen. Due to this brain damage, the baby develops cerebral palsy and has mobility issues throughout their life.
Failure To Manage Maternal Infections
If an infection occurs during the pregnancy, it can cause inflammation in the foetal brain, leading to cerebral palsy.
For Example: A mother develops a bacterial infection during pregnancy, and although she reports symptoms to her doctor, they fail to order any follow-up tests. This infection is then transmitted to the foetus, causing an enlargement of the brain and leading to cerebral palsy.
Incorrect Use of Forceps
Forceps are commonly used to aid the baby’s movement through the birth canal. The forceps may be used to hold onto the baby’s head and pull while the mother pushes, in cases of an awkward foetal position or distress. However, if too much force is applied or the baby’s head is too large, there is a great risk of bleeding in the brain.
For Example: During childbirth, a baby’s head gets stuck in the birth canal, and the doctor applies excessive force while using forceps. This causes brain damage to the baby, leading to a delay in physical development and muscular weakness in the years ahead.
Inability To Detect Complications
During pregnancy and childbirth, constant monitoring is essential to ensure the well-being of both the mother and the child. If any infections or signs of foetal distress are missed, it could lead to cerebral palsy in the baby.
For Example: The midwife on duty fails to monitor the oxygen levels properly and doesn’t inform the doctor on time, leading to delays in the caesarean section. This leads to brain damage and, therefore, cerebral palsy.
Contact our advisors now for more information on birth injury claims.
Cerebral Palsy Case Study – £29 Million
We will now discuss an example of a cerebral palsy compensation claim.
Cynthia’s baby seemed healthy when born, but later showed signs of cerebral palsy. According to her, the hospital failed to monitor the foetal heartbeat and oxygen levels during a prolonged labour, and there was a delay in performing the caesarean section, leading to cerebral palsy. This caused the baby to lag behind in many developmental milestones, particularly in motor skills. She secured a total settlement of £29 million.
Additionally, as the case progressed, she also secured around £2 million in interim payments to help the family purchase a rehabilitation package and move into a home suitable for their child’s disability.
Thank you for reading our case study.* You can contact us now for more information on medical negligence compensation payouts.
What Cerebral Palsy Compensation Can Be Awarded?
The cerebral palsy compensation, which can be awarded, depends on the severity of the symptoms your child is showing and how long the impact remains. Your child’s pain and suffering will be covered under general damages, which are usually calculated through the Judicial College guidelines (JCG). These guidelines provide a bracket of compensation figures which may be considered for cerebral palsy claims.
Our table below lays down some examples of the figures which may be related to your child’s cerebral palsy compensation claim. Please note that this table is provided for guidance only, and the figure in the first row isn’t from the JCG.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages- Need for full-time care, medications and wheelchair along with many complications. | Up to £25,000,000+ |
| Brain Damage- Very Severe- Little to no language function | £344,150 to £493,000 |
| Brain Damage- Moderately Severe- Serious cognitive disability | £267,340 to £344,150 |
| Brain Damage- Moderate (i)- Effect on speech and intellectual deficit | £183,190 to £267,340 |
| Brain Damage- Moderate (ii)- Risk of epilepsy | £110,720 to £183,190 |
| Brain Damage- Moderate (iii)- Negative effect on memory and concentration | £52,550 to £110,720 |
| Brain Damage- Less Severe- Problems related to brain function | £18,700 to £52,550 |
| Epilepsy- Established Grand Mal | £124,470 to £183,190 |
| Epilepsy- Established Petit Mal | £66,920 to £160,360 |
| Epilepsy- Other Epileptic Conditions- Few Discrete Episodes | £12,990 to £32,090 |
Call our advisors now for more information on calculating the potential cerebral palsy compensation amount.
What Else Can Cerebral Palsy Compensation Cover?
Cerebral palsy compensation can also cover financial losses, known as special damages, in successful claims. Some examples of this include:
- Future and current loss of income: As a parent, you may have lost out on a lot of days of work due to your child’s birth injury. You may also need to quit your job or reduce your working hours to care for your child, resulting in a loss of earnings.
- Care costs: This can include hiring a professional carer for your child or a person to help with household chores while you’re busy caring for your child.
- Medical expenses: This includes medications, private treatment, and diagnostic tests.
- Rehabilitation costs: Your child may have to attend physiotherapy sessions along with counselling to live with their physical disability.
- Home and car adaptations: You may need to install special features in your home or car to accommodate your child’s disability.
- Travel expenses: This includes the cost incurred while travelling for various appointments.
If you wish to include special damages in your cerebral palsy compensation claim, you need to provide bank statements and invoices as supporting evidence.
Call us now for more information on special damages.
Can Cerebral Palsy Compensation Be Paid Out Early?
Yes, cerebral palsy compensation may be paid out early in the form of interim payments. In medical negligence claims, unexpected costs may arise, such as healthcare expenses. Therefore, you may claim partial payment of your cerebral palsy compensation if:
- There are any urgent healthcare or other costs arising while you’re waiting for the cerebral palsy compensation claim to conclude.
- There is a strong likelihood that you will win the claim or the healthcare provider has already accepted their liability.
- The amount you’re seeking is less than the total compensation.
Contact us now for more information on requesting interim payments.
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How Will Compensation Be Paid For Cerebral Palsy Claims?
Compensation for cerebral palsy claims is typically paid through a bank account in the Court’s Fund Office (CFO). If your child’s cerebral palsy claim is successful, the money will be held in this bank account until your child turns 18. After your child’s 18th birthday, the CFO will transfer the money to them and then close the bank account. However, a litigation friend can request the withdrawal of funds from this account for needed expenses, such as a new wheelchair as your child grows.
Call our advisors now for further assistance on operating a CFO bank account on behalf of your child.
The Cerebral Palsy Compensation Claim Time Limits
There is a time limit of 3 years to start any kind of compensation claim, according to the Limitation Act 1980. However, since you would be starting your child’s cerebral palsy compensation claim, the time limit will pause until their 18th birthday.
Once your child turns 18 and wishes to start their own claim, they will have 3 years to do so (if a litigation friend hasn’t done so already). However, the time limit will be frozen if your child has lost their mental capacity due to the birth injury (or any other reason), which means that if they reach their 18th birthday and do not have this capacity and a claim has not been made, you could still do so on their behalf.
Please note that the time limit for medical negligence applies either from the date of occurrence or the date of knowledge (this is the date when you should be able to connect your child’s cerebral palsy to negligence).
Call us now to determine the correct time limit for your or your loved one’s claim.
What Is Needed When Making A Cerebral Palsy Compensation Claim?
While making a cerebral palsy compensation claim, it is important to start your child’s treatment and collect evidence, besides some other steps, which we will discuss below:
Starting Your Child’s Treatment
Throughout the entire claims process and afterwards, your child’s well-being is the top priority. You should:
- Visit the GP as soon as you notice any symptoms of physical immobility or muscular pain.
- Stay in contact with your child’s paediatrician and let them know about your concerns.
- Look into specialised treatment plans with your child’s GP and paediatrician and book physiotherapy sessions.
Collecting Evidence
If you’re considering claiming for your child, you must start collecting the following evidence:
- Medical records, including prescriptions, brain scans, X-rays, and discharge summaries.
- Records of communication with the hospital.
- Photographs of any visible harm or disabilities.
- Records of your child’s red book.
- A copy of your maternity notes (also known as handheld notes) if you have them.
Reporting The Medical Negligence
It is also important to create an official record of the medical negligence which causes your child to suffer from cerebral palsy. You can do this by filing a written complaint with the hospital or the Care Quality Commission (CQC), England’s health and social care regulatory body. A formal complaint will help to lend credibility to your child’s claim.
Maintaining A Record Of The Effects Of Cerebral Palsy
You can maintain a written record of:
- Medical appointments and the treatment administered.
- Travel, therapy and medication expenses.
- Loss of earnings or the impact on your work.
Seeking Expert Legal Advice
Speaking to a medical negligence solicitor as soon as possible would be helpful to:
- Confirm whether you have an eligible case.
- Know your time limit.
- Collect evidence.
- Discuss options, such as No Win No Fee agreements.
Knowing The Time Limit
As explained above, the time limit for any kind of claims is usually 3 years. However, since you are claiming for your child, or your child may wish to start their claim as an adult, this time limit could differ.
For more information on collecting evidence, speak to our friendly advisors now.
Cerebral Palsy: How To Plan For The Future
Raising a child with cerebral palsy can bring unique challenges that extend far beyond the initial diagnosis. Planning for the future is an essential part of ensuring that your child’s long-term well-being, financial security, and access to the right care and support.
Securing Financial Stability
A successful cerebral palsy compensation claim can provide financial support to cover medical treatment, specialist therapies and lifelong care needs.
Planning For Education And Development
Work closely with your local authority to secure an Education, Health and Care Plan (EHCP) that outlines your child’s education and therapeutic support.
Ensuring Long-Term Care And Support
Identify trusted family members, carers, or case managers who can help coordinate support throughout your child’s life.
Legal And Guardianship Considerations
For more information, please contact our advisory team now, and we can connect you with one of the charities we work with. We are here to assist with your or your loved one’s cerebral palsy compensation claim and your family’s well-being.
Speak to an advisor now to find out if the Legal Expert team can help your claim on behalf of your child.
How Legal Expert Can Help With Cerebral Palsy Claims
Legal Expert can help with cerebral palsy claims through their expert medical negligence solicitors, who offer expert advice and timely assistance. Their services include:
- Help in gathering evidence.
- Determining the correct time limit.
- Explaining all the complicated terms.
- Communicating with the hospital or the NHS.
- Drafting a written complaint on your behalf.
- Calculating the potential cerebral palsy compensation claim amount.
- Explaining more about the processes involved in being a litigation friend.
If you’re worried about the cost of claiming compensation, our solicitors will also explain their No Win No Fee services. Under this model, provided under a Conditional Fee Agreement (CFA), your solicitor will work on your case under the following conditions:
- No upfront or ongoing solicitor’s fees for the work done on your case.
- If you lose your case, you won’t have to pay any solicitor’s fees for their work on it.
- A success fee, which is a tiny percentage of your compensation and is legally limited to avoid any unfairness, will be taken from the compensation if the claim succeeds.
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Frequently Asked Questions (FAQ)
Below, you can find answers to common questions on claiming compensation for cerebral palsy.
What Are The Different Types Of Cerebral Palsy?
The different types of cerebral palsy based on the movement and muscular abnormalities are spastic, dyskinetic, ataxic and mixed:
- Spastic: This is the most common type of cerebral palsy, characterised by stiffness and tightness in the muscles, resulting in mobility problems.
- Dyskinetic: This condition can lead to uncontrolled and involuntary movements due to fluctuations between floppy and stiff muscles.
- Ataxic: This condition causes clumsy or unsteady movements, leading to difficulties with balance, control, and coordination.
- Mixed: There can be a combination of two or more of the above types with different symptoms.
What Are The Cerebral Palsy Symptoms?
Some common cerebral palsy symptoms include:
- Weak legs or arms.
- Clumsy or fidgety movements.
- Muscular spasms.
- Delays in achieving developmental milestones.
How Can Cerebral Palsy Be Treated?
A care and support plan may be formulated to help the patient stay as independent and active as possible. This plan may incorporate one or more of the following:
- Physiotherapy to encourage movement.
- Speech and language therapy to ease communication issues.
- Occupational therapy to help devise the best ways of conducting daily tasks.
- Medicines to ease some of the symptoms.
Are There Different Types Of Cerebral Palsy?
Yes, cerebral palsy is a group of lifelong conditions affecting movement and coordination.
Can You Sue The NHS For Cerebral Palsy?
Yes, you can sue the NHS for cerebral palsy if it is caused by medical negligence by an NHS health professional or a hospital. NHS Resolution will then handle your claim.
How Much Time Do I Have To Make A Cerebral Palsy Claim?
You generally have 3 years to make a cerebral palsy claim, unless you’re claiming for a minor or a loved one who lacks the mental capacity.
How Much Will A Cerebral Palsy Claim Cost?
If you work with one of our No Win No Fee solicitors, a cerebral palsy claim won’t cost much by way of solicitor’s fees. This is because under a No Win No Fee arrangement, you don’t pay solicitor’s fees.
How Much Can I Claim For Cerebral Palsy?
How much that can be claimed for cerebral palsy will depend on the extent of the condition and related expenses.
What Can Cerebral Palsy Compensation Pay For?
Cerebral palsy compensation can pay for your child’s pain and suffering, physical and mental disability and even your financial losses.
Can You Recover From Cerebral Palsy?
No, unfortunately, you cannot recover from cerebral palsy. However, you can manage the condition and its symptoms through comprehensive treatment and specialist support.
Learn More
Here are some other relevant guides from our site:
- Our guide on the examples of hospital negligence.
- Information on diabetes compensation claims.
- Details on making gynaecology negligence claims.
- To learn about Erb’s Palsy compensation claims, please head here
You can also go through some of these additional links:
- Information from the NHS on living with cerebral palsy.
- Guidance from Scope about families with disabled children.
- Details from the NHS on newborn screening.
Thank you for reading our guide on making a cerebral palsy compensation claim.
*Please note that the case study was illustrative.