Can I Make A Cerebral Palsy Claim For My Child

If you’re looking for information about birth injury compensation, this guide focuses on cerebral palsy claims and how to make one. The tragedy of an injury to your baby at the hands of healthcare providers can be devastating. You may be entitled to seek compensation for your child if you can show the care you received before, during or after childbirth fell below minimum professional standards.

Our guide begins by explaining who is eligible to make cerebral palsy claims for compensation. If successful, compensation can cover both physical harm and financial losses associated with the negligence. There are a number of ways this could help your family, and we explore those below. A time frame applies to starting medical negligence claims, and we detail that also.

After this, we examine the ways negligence can lead to cerebral palsy. We also provide details on the type of evidence that can help prove the negligent care was the root cause of harm. The guide closes with a thorough explanation of the benefits of working with a solicitor on the compensation claim. For example, our solicitors offer a version of No Win No Fee agreements, which removes the concern of needing money to pay for your solicitor upfront.

Read on to learn more about cerebral palsy claims made this way. Alternatively, if you’d like to discuss the potential claim now, you can:

• Call us on 0161 509 2856
• Ask a question via the live function window below.
• Contact us to chat about cerebral palsy claims and make a free claim enquiry.

Frequently Asked Questions

1. Can I Make A Cerebral Palsy Claim On Behalf Of My Child?
2. How Much Compensation Could Be Awarded In Cerebral Palsy Claims?
3. What Can Cerebral Palsy Compensation Help My Family With?
4. Do I Have To Claim For Cerebral Palsy Within A Set Time?
5. The Ways In Which Cerebral Palsy Can Be Caused By Medical Negligence
6. What Evidence Is Needed To Prove Negligence Resulted In Cerebral Palsy?
7. How Our Advisors Can Help With A Claim For Cerebral Palsy Compensation
8. No Win No Fee Cerebral Palsy Claims
9. Frequently Asked Questions About Cerebral Palsy
10. Learn More

Can I Make A Cerebral Palsy Claim On Behalf Of My Child? 

Yes, if you can prove medical negligence occurred, then you can make a cerebral palsy claim on behalf of your child. Three points of eligibility must be in place in order to start a cerebral palsy compensation claim. When taken together, these three points define negligence: 

• You need to show that the healthcare provider had a duty of care to your baby at the moment of harm.
• That they failed to meet the reasonable standards expected of them.
• This breach caused avoidable or unnecessary harm (this is classed as harm that wouldn’t have been experienced had the correct standards of healthcare been met).

It is essential to note that certain medical conditions can develop or worsen on their own. Not every form of harm that occurs during childbirth can reasonably be blamed on the healthcare provider.

However, if you feel that you can show their actions or inactions directly resulted in causing your child to suffer from cerebral palsy, speak to our team. They can determine the grounds of the case and potentially connect you with a solicitor from Advice to start a medical negligence compensation claim.

Can A Claim Be Made Against The NHS?

Yes, you could qualify on behalf of your child to make a claim for compensation against the NHS. Matters like this are handled by NHS Resolution, which is part of the Department of Health and Social Care. Its role is to resolve disputes and concerns about NHS treatment with the public. Also, to improve patient care resources and future outcomes. They act as the insurer for the NHS and will pay out damages if the NHS is proven to be liable.

If you sue the NHS directly, a cerebral palsy specialist solicitor from Advice can still help you. The expert advice they provide could ensure NHS Resolution makes a fair and reasonable settlement for you and your baby after a cerebral palsy birth injury.

Can A Claim Be Made Against A Private Health Clinic?

Yes, you can also launch cerebral palsy claims for compensation if you were treated in a private clinic. Healthcare providers here are subject to exactly the same expectation to meet minimum professional standards when administering care. If you can demonstrate that they failed to do so and that this caused your baby to be harmed, speak to our advisors about your grounds for making a claim.

How Much Compensation Could Be Awarded In Cerebral Palsy Claims?

Compensation awards for successful cerebral palsy claims are going to differ between claimants. This is due to the differences in claims, which we bring you through now. 

The compensation award in a successful cerebral palsy claim can be comprised of two heads of loss, known as general and special damages. This first acknowledges the physical and emotional harm, and the second reimburses for associated financial losses.

The bullet point list below is made up using entries from a publication called the Judicial College Guidelines (JCG). Used alongside your baby’s medical records and your maternity notes, this publication can offer guideline compensatory amounts for a wide range of injuries and harm based on their level of severity.

The amounts are drawn from past successful cases in England and Wales but are strictly suggestions. Each claim will vary according to individual circumstances. Also, the first figure featured in our bullet point list is not from the Judicial College Guidelines:

Compensation Guidelines

• Multiple severe injuries and Special Damages awards – This covers various forms of severe harm and Special Damages compensation for care provision, home alterations and the loss of income for the parent – Up to £25 million plus.
• Very severe brain damage (a) – Where the person has little or no ability to interact with others and full-time professional care is required – £344,150 increasing to £493,000.
• Moderately severe brain damage (b) – A very serious disability with substantial reliance on others – £267,340 increasing to £344,150.
• Moderate brain damage (i) – Cases of moderate to serious deficit of intellect with impact on personality, speech and other senses – £183,190 increasing to £267,340.
• Moderate brain damage (c) Moderate (ii) – A degree of intellect deficit and a risk of epilepsy  – £110,720 increasing to £183,190.
• Less severe brain damage – Similar problems to those listed above but a greater degree of recovery is seen – £18,700 increasing to £52,550.
• Epilepsy (a) – Established Grand Mal – £124,470 increasing to £183,190.
• Epilepsy (b) -Established Petit Mal – This award reflects whether epileptic attacks can be controlled successfully by medication – £66,920 increasing to £160,360.
• Other epileptic conditions (c) – Includes cases of several small episodes or a temporary resurgence, but no further reoccurring risk – £12,990 increasing to £32,090.

As stated, these guidelines are purely for reference. 

What Is The Process For Paying Compensation To A Child?

There is a specific process for compensating a child who has been harmed by a medical professional’s negligence. If the claim is successful, the money is held in an interest-bearing account set up for the child by the Court Funds Office. Once the child turns 18, they can access this money and the interest accrued on it. 

However, the parent or responsible adult who made the claim on the child’s behalf can apply to the court to make withdrawals from this account before your child turns 18. The court may ask you to provide information regarding how your child will benefit from the withdrawal and proof of the exact costs of the item they require.

For a more detailed and precise idea of what general damages may apply and the process for paying a child compensation, speak to our advisors. They could connect you with an expert solicitor in cerebral palsy claims from Advice.

What Can Cerebral Palsy Compensation Help My Family With?

Being successfully awarded compensation in a cerebral palsy claim can also help you and your child cope financially. Under a category of loss called special damages, you could claim for the financial repercussions of the negligent care. The following represent some common examples:

Loss Of Income

If your child has cerebral palsy, the disruption to normal life can be far-reaching. Therefore, you may have to completely rethink how you work and support your family. If you cannot work at all, it can be possible for your lost earnings to form part of the compensation. A medical negligence solicitor can help quantify the level of income already lost and what future damage you might suffer to your earnings. This is then included as part of your claim.

Cost Of Care

Cerebral palsy can be a challenging condition for the child and their families. As the child grows up, they may have extensive requirements that the family simply cannot manage alone. Even a moderate level of professional care can be very expensive. So a solicitor calculating the compensation will use medical evidence to predict what lifetime expenses might be needed and assess the cost of this, including them in the overall compensation amount.

Rehabilitation And Medical Treatment

Cerebral palsy is a permanent condition, and the person will require substantial support for the remainder of their life. This can include physiotherapy to help them retain flexibility and muscle strength. Or occupational therapy to help them eat, dress and attend to personal care.

Speech and language therapy can be needed to help improve communication skills. Also, rehabilitation includes helping individuals to use devices such as wheelchairs, braces, communication boards, or other assistive technologies.

In addition to this, there could be medical procedures that the child requires to correct joint deformity or lengthen muscles. Private medical treatment may be required, and all these costs can be factored into the overall compensation calculations.

Home Adaptations

To help the child and their family remain in their home, it is often necessary to modify the property. To create a safe and accessible space for the child, it may be necessary to widen doorframes and install stairlifts or ramps. A more accessible shower may be required, as well as the installation of grab bars or lowering sanitary ware. With evidence such as receipts and invoices, these home adaptation amounts can be claimed back.

Car Adaptations

The parents of a child with cerebral palsy might need a new wheelchair-friendly vehicle for transporting their child to the hospital, physiotherapy and school. The cost of upgrading to a new vehicle is something that compensation could cover.

Could I Apply For Interim Payments During My Claim?

The child’s family may need funds urgently to cover aftercare and rehabilitation costs. If a claim looks certain to settle in the person’s favour, interim payments are portions of the compensation paid in advance to deal with essential needs. The family can request these immediate sums under specific circumstances, subject to court approval, but such payments cannot exceed the total compensation.

If you need guidance on accessing parts of compensation to support your child, speak to our team on the free call number above. Also, the team can help with any general questions you have about cerebral palsy claims and provide a free compensation estimation. 

Do I Have To Claim For Cerebral Palsy Within A Set Time?

Generally, yes, there is a time limit on making medical negligence claims set out in the Limitation Act 1980. The person has 3 years to launch their claim starting from the following points:

• The date of the harm itself.
• The date it became clear that substandard healthcare had caused the person harm.

However, this time limit does not apply to children as they are unable to manage the claim process themself. This means that if you are claiming on behalf of your child, you have until they are 18 to start proceedings. You do this by being appointed to act as their litigation friend.

However, if a litigation friend did not claim on behalf of your child and they reach their 18th birthday, they will have 3 years from that date to begin the claims process. Unless they lack the mental capacity to manage a claim themself. This is because people without the mental capacity to handle the claims process are not subjected to a time limit unless they recover that capacity. In which, case, the time limit would start from the date that recovery had been made.

If you’d like guidance on which time limit applies for your child, please contact our advisory team for immediate assistance regarding cerebral palsy claims. 

The Ways In Which Cerebral Palsy Can Be Caused By Medical Negligence

We now look at some of the circumstances classed as medical negligence that might form the basis of an eligible claim for cerebral palsy:

• A doctor or midwife fails to correctly monitor foetal distress during labour. They miss signs of distress, such as the baby being stuck in the birth canal or suffering oxygen deprivation after getting tangled in the umbilical cord.
• Improper use of delivery instruments such as forceps or vacuum extractors can cause the baby head trauma. Also, excessive force during childbirth by those involved can cause head trauma, brain damage and even stillbirth.
• A poorly trained healthcare professional failed to identify and manage infections in the mother that could impact the baby. This oversight caused irreversible harm.
• A doctor fails to correctly diagnose or identify any congenital disorder in the baby prior to birth that might cause cerebral palsy.
• The doctors or midwives delay a diagnosis that would point to needing a Caesarian section, depriving the baby of oxygen and causing brain damage.
• A doctor or midwife fails to accurately diagnose or treat infection, jaundice, hypoglycemia or head trauma after the baby has been born. Or they use faulty or unclean equipment which causes harm.

There are other ways a baby can be harmed before, during or in the immediate aftermath of birth if healthcare providers are negligent. So whatever the circumstances of the situation, please call to discuss cerebral palsy claims if you think your child could be entitled to compensation.

What Evidence Is Needed To Prove Negligence Resulted In Cerebral Palsy?

You will need evidence that the correct healthcare standards were not met to make a claim for cerebral palsy. This can include the following:

• Copies of medical records that detail your child’s cerebral palsy, the treatments, diagnosis and any complaint made to the NHS or private healthcare clinic.
• A copy of your maternity notes, also called ‘hand-held notes’.
• Correspondence with the healthcare provider about the negligence.
• A personal diary of dates and times, treatments and diagnoses given.
• The contact details for any bystanders who saw the negligent actions taking place. For example, a birthing partner. Should you go ahead with appointing a solicitor, they can collect statements from these people to strengthen the claim.

A solicitor from Advice can help you assemble supporting evidence. With decades of expertise handling cerebral palsy claims, they can guide you through the evidence phase. Also, they know exactly how to use this evidence to ensure a fair compensation amount is calculated. Call to learn more.

How Our Advisors Can Help With A Claim For Cerebral Palsy Compensation

When you speak to an advisor here at Advice, they will help assess whether your child’s cerebral palsy claim has merit. They will do this in a friendly manner and everything you discuss will be kept confidential. Additionally, an advisor can estimate how much compensation your child could be eligible for. They will explain the role of litigation friends and how you would go about being appointed to act as one. They can also explain the medical negligence claims process and advise you on collecting evidence. If the claim has merit and you wish to proceed with the services here at Advice, they can connect you to one of our specialist birth injury solicitors.

Our solicitors provide a wide range of excellent legal support services. They can:

• Assess the birth injury claim fairly and fully.
• Help collect vital evidence.
• Negotiate with the NHS or private clinic.
• Represent you in court proceedings.
• Help you understand both your legal rights and those of your child. 
• Give advice on funding options for the claim.
• Help your child access rehabilitation.
• Give regular updates on how the claim is progressing.
• Help you access interim payments.
• Connect you and your family to any specialists that can advise and help with your child’s needs.

This wealth of excellent services means that you can concentrate on the needs of your child, safe in the knowledge that your claim is in expert hands. Call our advisors today to further discuss cerebral palsy claims and how one of our solicitors can help. Any advice given is free of charge. 

No Win No Fee Cerebral Palsy Claims

In addition to the expert services listed above, our solicitors can manage your child’s claim in a type of No Win No Fee capacity. They provide a Conditional Fee Agreement (CFA), which many claimants find helpful when seeking legal services.

Under a CFA, there is no need to pay upfront solicitor’s fees when you first hire them. No solicitor’s fees apply for legal services as the claim moves forward. If the claim fails, no solicitor’s fees apply for the work they finished on your claim.

Successful claims require a small percentage to be deducted from the compensation. This is a success fee for the solicitor and can be agreed upon prior to the commencement of work. It’s also kept under a legal ceiling. This allows the person claiming to receive the majority of their compensation.

Launching a cerebral palsy claim this way can remove the worry of needing money to work with an expert solicitor. Together, you could put forward a much more detailed and thorough compensation claim that covers all areas of harm and loss to your child and your family. Call now to see how our cerebral palsy lawyers might handle your claim.

Contact Our Advisors

• Call us on 0161 509 2856 for your free initial consultation.
• Ask a question about cerebral palsy solicitors via live discussion.
• Contact us to chat about cerebral palsy claims and make a free claim enquiry.

Frequently Asked Questions About Cerebral Palsy

What Is Cerebral Palsy?

Cerebral palsy is a term used to describe a group of permanent movement and co-ordination conditions caused by a problem in the brain which develops prior to, during or after birth.

The Symptoms Of Cerebral Palsy

Symptoms of cerebral palsy can include delays in reaching developmental milestones, such as sitting and walking by 18 months, limb weakness, fidgeting, clumsy, uncontrolled, and random movements, muscle spasms, and tremors. Learning difficulties, decreased mental capacity, epilepsy, incontinence and scoliosis are other symptoms.

Are There Different Kinds Of Cerebral Palsy?

There are four main types of cerebral palsy:

• Spastic cerebral palsy: Characterised by stiff muscles and reduced range of motion.
• Dyskinetic cerebral palsy: Where the muscles alternate between stiffness and floppiness.
• Ataxic cerebral palsy: Where the person has balance and co-ordination problems.
• Mixed cerebral palsy: Cases where the person experiences more than one type of cerebral palsy.

How Common Is Cerebral Palsy?

According to the charity Scope, cerebral palsy is a condition that impacts approximately 1 in every 400 children in the UK. 

What Are The Complications Of Cerebral Palsy?

Complications of cerebral palsy can include musculoskeletal deformity, gastrointestinal problems, bladder and bowel issues and sensory impairment. Also, scoliosis is often seen as a side effect.

Is There A Cure For Cerebral Palsy?

Unfortunately, cerebral palsy lacks a cure, but medical treatment and rehabilitation can provide significant beneficial improvements to the person’s quality of life.

What Is The Early Notification Scheme (ENS)?

The Early Notification Scheme (ENS) is a national programme set up by the NHS. It investigates and determines whether brain injuries to babies were a result of negligence. It aims to provide families with answers more quickly, which can improve care and expedite the compensation process.

How Long Do Cerebral Palsy Claims Take?

There is no timeframe for resolving cerebral palsy claims. Some may settle very quickly, whereas others take longer. If a longer claim looks like it will settle in your child’s favour, then you could be entitled to interim payments on their behalf. For example, these can help with your loss of earnings or any specialist equipment you require to help support your child, such as a wheelchair. 

Learn More

In addition to this guide on cerebral palsy negligence claims for compensation, these other articles focus on related topics:

• Birth injury claims are discussed in more detail here.
• This guide looks at some FAQs on medical negligence claims.
• Here, we explore general guidance on broken bone birth injury claims.

External resources to help:

• This resource from the NHS provides a more detailed explanation of cerebral palsy.
• In addition to this, you can read information from the General Medical Council (GMC) about the expected standards of various healthcare professionals.
• Lastly, this link examines the standards for midwives.

In conclusion, thank you for reading this guide about cerebral palsy claims for compensation. If you’d like to ask advisors anything about the claims process or better understand if you could launch an action against a healthcare provider on behalf of your child, get in touch on the contact options above.