Cerebral palsy is a life-changing condition that can have a drastic impact on a child’s quality of life. If mistakes were made in your medical care during pregnancy or childbirth, Slater and Gordon’s specialist solicitors for cerebral palsy can help you get the compensation you deserve.
Cerebral palsy is a non-progressive condition caused by damage to the developing brain either before, during, or shortly after birth. Though most people assume cerebral palsy is a singular condition, it is actually the name given to a group of lifelong disorders that affect muscle movement and coordination. Unfortunately, there is no cure for cerebral palsy, but good care, therapy and suitable adaptions can encourage independence and support a good quality of life.
What causes cerebral palsy?
It can be caused by any number of factors, but some of the more common ones include:
Premature birth
Infections, such as Group B Strep that invade the baby's blood stream or brain
Maternal infections
A stroke, either in the womb or after birth
Reduced oxygen to the brain (hypoxia). This is also known as birth asphyxia and can occur if blood flow or oxygen to the brain is cut off during a difficult labour or delivery.
Severe, untreated jaundice (Kernicterus), which is where the skin and whites of the eyes turn yellow.
Genetic disorders
Bacterial meningitis
Being shaken as an infant
What are the early warning signs of cerebral palsy?
Although the symptoms of cerebral palsy are not immediately apparent, on occasions there may be some early warning signs. These can include:
Poor APGAR scores: Following the birth of your baby, a rapid assessment will be performed at 1, 5 and sometimes 10 minutes. The assessment seeks to evaluate the Appearance (colour), Pulse (heart rate), Grimace (reflex), Activity (muscle tone) and Respiration (breaths per minute) or your baby. A low score indicates your baby may need some immediate medical care to help it adjust to life outside the womb.
Feeding and swallowing difficulties (dysphagia): Although this is common in newborns, it can indicate a more serious issue is at play, especially if it is ongoing.
Muscle tone abnormalities: The activity (muscle tone) of your baby will be assessed as part of the APGAR scoring, as set out above. However, this can continue even where there has been medical intervention. Often a baby can present as floppy (hypertonia) or overly stiff (hypotonia).
Seizures: These can sometimes be difficult to spot as the signs are subtle. However, they can include jerking movements, eye rolling, unusual bicycling or pedal movements of the legs and long pauses in breathing.
Poor umbilical cord gas results: This indicates that a newborn has high levels of acid in their blood, coupled with low oxygen levels. Typically, this is due to stress or reduced oxygen supply (hypoxia) during labour. It may suggest there is a risk of neonatal encephalopathy, which is a syndrome of disturbed neurological function in the first few days of life.
What are the later warning signs of cerebral palsy?
As your child ages, you may start to notice further signs that they are not developing as expected. Such signs and symptoms may include:
Weak arms or legs
Movements that seem clumsy, jerky, or random and uncontrollable
Delayed development, such as not being able to sit by 8 months or not walking by 18 months
Walking on tiptoes
Problems swallowing
Slow speech development
Visual or hearing difficulties
Learning disabilities generally
The degree to which cerebral palsy impacts a child can vary significantly. While some children may only experience mild symptoms, others can be left severely disabled.
Can medical negligence cause cerebral palsy?
Unfortunately, yes it can. However, in some cases, the problems that occur before, during or after a child’s birth cannot be prevented, despite the highest standard of medical care. If, however, mistakes have been made by medical staff that have caused or contributed to the development of your child’s cerebral palsy, you may be entitled to make a cerebral palsy negligence claim.
Some of the more common mistakes that can lead to cerebral palsy include:
Failure to diagnose an infection during pregnancy
Not monitoring the baby’s heart rate often or closely enough during labour
Failure to monitor blood sugar levels
Delays in delivering the baby naturally or by Caesarean Section
Drug errors
Poor treatment of jaundice
Complications with the umbilical cord resulting in a lack of oxygen to the baby
Am I entitled to make a cerebral palsy compensation claim?
If the evidence suggests the cerebral palsy was caused or contributed by negligent medical care, then yes, you can make a cerebral palsy compensation claim.
A diagnosis of this complex condition can have a huge impact on a child’s life, as it can affect their development, their communication skills, and their ability to navigate the world around them. What’s more, accessing support for your child can be difficult and expensive, and can leave parents feeling trapped and unsure.
Learning that your child’s condition could have been avoided, had medical staff provided the right level of care, can also be devastating. It is, therefore, important that you instruct specialist cerebral palsy lawyers who can support you through this complex process, so that you can focus on caring and providing for your child.
Medical negligence experts, Yvonne Agnew, Kelly Lloyd-Davies and Lara Bennett explain their expertise in Cerebral Palsy claims and why you should choose us as your legal experts.
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I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
How do I prove medical negligence caused my child’s cerebral palsy?
To make a successful cerebral palsy claim, you must be able to prove that the medical professionals involved owed you and your child a duty of care, that this duty was breached, and that this breach caused your child avoidable harm.
All medical professionals, whether they were operating within the NHS or a private setting, automatically owe you (and your child) a duty of care from the moment they become involved in your treatment.
To prove that this duty was breached, your dedicated cerebral palsy lawyer will gather and review extensive medical evidence. They will work closely with our in-house litigation nurses and midwives, and external, independent medical experts to identify any errors in your care.
The evidence they gather will usually include:
Detailed medical records for both you and your child, including the results of any tests or monitoring and any medications you were given.
MRI reports or other neurological investigations that detail the extent of the damage to the brain.
Witness statements, including detailed accounts from medical staff involved in your child’s care or from family and loved ones who observed the circumstances thought to be the cause of the cerebral palsy.
Medical expert evidence dealing with the treatment provided and the injuries caused.
Details of any care and therapy needed and provided.
Records of any financial losses incurred.
What can I claim cerebral palsy compensation for?
We understand that no amount of compensation can undo what has happened and the impact cerebral palsy has had on your child and your family generally, but it can provide much needed financial support.
Compensation in a cerebral palsy claim can be made up of a lot of different elements, some of which will be very specific to your family. However, we frequently include the following losses in our compensation calculations:
Pain, suffering and loss of amenity
Care
Treatment
Rehabilitation
Aids and equipment
Housing and adaptations
Loss of earnings
Counselling
Educational costs
Pension loss
How do I make a claim for cerebral palsy compensation?
The simplest way is to get in touch with one of our friendly cerebral palsy lawyers as soon as you can. We understand how overwhelming the process of making a cerebral palsy compensation claim can seem, which is why we work hard to do as much as we can to support you and to ensure it is as simple and stress-free as possible.
To make a cerebral palsy claim:
Call us on 0330 041 5869 or contact us online today for a no-obligation chat about your case with one of our industry-leading medical negligence solicitors.
We’ll assess your claim and then collect all the necessary evidence to support it.
If the evidence confirms negligence was the cause of the cerebral palsy, our experts will ensure you have access to high-quality physiotherapy services, mobility aids and equipment, and housing adaptations to support your child’s quality of life.
We’ll also work hard to secure the best possible compensation. This usually follows settlement negotiations but on very rare occasions a case may go to trial. In which case your medical negligence solicitor will represent you throughout.
Why should I choose Slater and Gordon’s for cerebral palsy claims in the UK?
At Slater and Gordon, our cerebral palsy lawyers are leaders in medical negligence law and have a wealth of experience in handling cerebral palsy claims. If your child is suffering from cerebral palsy due to negligent medical care, our experts are here to help you with sensitivity and compassion and will fight for the compensation that you deserve.
We have a national medical negligence team, all of whom only practice in this area of the law.
Our team includes highly experienced in-house midwives and litigation nurses who work collaboratively with our solicitors. This results in an excellent team that can be relied upon to investigate a medical negligence claim correctly and effectively.
We are ranked in the independent legal directory Chambers and Partners and in the Legal 500, which showcases our dedication to providing outstanding medical negligence services.
We are Lexcel accredited, which was introduced by The Law Society as a quality mark for client cases, practice management and legal compliance.
Over the years, our dedication to protecting the rights of the individual have resulted in thousands of 5-star reviews and an “Excellent” rating on Trustpilot.
Talk to us about making a cerebral palsy negligence claim
There are several different types of cerebral palsy, these include:
Ataxic cerebral palsy: This is where damage has been caused to the cerebellum in the brain. The cerebellum, is primarily responsible for coordinating voluntary movements, maintaining balance, posture, and fine-tuning motor skills. It also plays a key role in motor learning, such as riding a bike, and is increasingly recognised for its contributions to cognitive functions like language, emotion regulation, and attention.
Spastic cerebral palsy: This is where damage has been caused to the motor cortex in the brain and is characterised by high muscle tone (stiffness) and jerky, involuntary movements.
Dyskinetic cerebral palsy: This is often caused by damage to the basal ganglia in the brain and usually presents with spasms and uncontrolled jerky movements of the body that are caused by sudden changes in tone i.e. from high tone (stiffness) to low tone (floppiness).
Mixed cerebral palsy: This occurs where several parts of the brain have been damaged. The symptoms can vary in their severity and can be very complex to manage.
What parts of the body does cerebral palsy affect?
Cerebral palsy can affect the whole body, or it can be localised to a specific part of the body. Therefore, they may be diagnosed with one of the following:
Diplegic cerebral palsy: This is where the body and legs are affected more than the arms.
Quadriplegic cerebral palsy: This is where the whole body is affected, including the body, arms, legs, head, face and mouth.
Hemiplegic cerebral palsy: This means only one side of the body is affected, either the right or the left.
What should I do if I think my child's cerebral palsy was caused by medical negligence?
If you suspect negligence played a part in your child’s condition, we strongly recommended that you speak with a specialist cerebral palsy solicitor. You do not need proof of negligence before contacting us. Simply get in touch and tell us about your concerns and we can explore what has happened.
We will listen carefully to your experience, review early evidence and guide you through what the investigation might involve. You do not need to request medical records yourself; we manage this process for you.
When you’re ready to talk, we’re here to help – contact our experienced cerebral palsy lawyers on 0330 041 5869 or get in touch online to request a call back at a time that suits you.
What if I'm unsure whether medical negligence caused my child’s cerebral palsy?
Many parents come to us uncertain about whether negligence was involved in their child’s injury. This is entirely understandable. The medical information you received at the time may have been unclear or overwhelming.
You do not need to be certain to speak with us. Part of our role as cerebral palsy lawyers is to help families find answers. We investigate thoroughly, compassionately and without judgement. If negligence was not the cause, we will explain this openly. If it was, we will guide you through every step of the claims process.
Where the responsibility for cerebral palsy negligence lies will depend upon what went wrong and where it happened.
Cerebral palsy may arise when avoidable mistakes occur during pregnancy, labour, birth or during immediate newborn care. If a doctor, midwife, nurse or hospital failed to deliver a standard care that could be reasonably expected, and this caused your child’s injury, the organisation responsible for that professional or service can be held accountable.
In the UK, this is often an NHS Trust, although claims may also involve private hospitals or private clinicians.
To learn more about how liability could be established in your case, or to start a claim for your child’s injury, speak to our team on 0330 041 5869 or get in touch online.
Are there time limits on bringing a cerebral palsy claim?
This will largely depend upon the extent of your child’s injury. For most medical negligence claims, you have three years from the date you first became aware of the negligence.
However, there are exceptions to this rule, which very often feature in cerebral palsy claims:
If a claim has not already been brought before the child’s 18th birthday, they may be able to claim compensation themselves. In these cases, the three-year time limit does not start until their 18th birthday, which means they have until they turn 21 to make a claim.
For individuals who lack mental capacity, there may be no time limit at all in bringing a claim. Cerebral palsy often affects cognitive function, which means claims can often proceed no matter how many years have passed.
While a cerebral palsy claim may be made many years later, we strongly recommend that families contact us as early as they can, as early investigations can secure vital evidence and ensure your child receives the support they need sooner.
How will a claim for medical negligence help my child?
A successful claim for cerebral palsy compensation can transform your child’s quality of life. Compensation is designed to meet lifelong needs, supporting your child’s development, independence and comfort. It can fund therapy, specialist equipment, adapted transport, education support, home modifications, care packages and future financial security.
Many families we support describe how compensation provides stability and eleviates the practical pressures they have carried for years. Beyond financial support, claims can also bring clarity about what happened, which many parents find important for their own emotional wellbeing.
How much can I claim for cerebral palsy negligence?
There is no fixed amount of compensation you can claim in a cerebral palsy case. In fact, the amount of compensation awarded for cerebral palsy claims varies significantly as the decision is largely driven by the level of impact the condition has had on your child and will continue to have as they age. Each case will consider the individual child’s needs, their long-term prognosis, and how much their condition affects their day-to-day life.
However, it is worth noting that compensation awards in these claims tend to be among the highest in medical negligence cases, as they must often fund the child’s needs over their entire lifetime.
When you speak to one of our specialist cerebral palsy solicitors, we’ll build a comprehensive picture of your child’s needs to ensure that the compensation they receive reflects the support and security they deserve throughout their lifetime. We’ll always be completely transparent and provide clear and realistic guidance on what your child’s claim may involve.
Can I make a No Win No Fee claim for cerebral palsy?
Yes, you can. We understand that families need confidence and security when considering a claim, which is why almost all the cerebral palsy compensation claims we pursue are funded using a No Win No Fee agreement.
This means that there are no upfront costs to starting a claim, and you will not pay legal fees if your claim is unsuccessful. We are committed to providing complete transparency around funding and costs from the outset, and assess every case individually to ensure funding is suitable.
How is compensation assessed in a cerebral palsy claim?
Cerebral palsy compensation is assessed by examining your child’s past, current and future needs. The aim is to place them, so far as compensation can, into the position they would have been in had the negligence not occurred.
To reach this goal, your cerebral palsy solicitor will consider a wide range of evidence. The courts will assess medical reports, care assessments, therapy projections, architectural recommendations for home adaptations, specialist educational input, and complex financial calculations for future losses. Compensation may cover both ‘general damages’ for pain and injury and ‘special damages’ for past and future losses.
How will I pay for the investigation of my claim?
We ensure that families can investigate cerebral palsy claims without financial strain. Most cases use No Win No Fee funding, which covers the cost of independent medical experts, specialist reports, record analysis and legal time. You will not need to fund these upfront.
In some situations, other funding options may be available. Whatever approach is used, we explain everything clearly so that you can proceed with confidence.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)