Cerebral Palsy Compensation Claims

When to make a Cerebral palsy compensation claim?

There are a number of causes of cerebral palsy, these include either baby or mother developing an infection during pregnancy, as well as brain injury or trauma caused to the baby during pregnancy or during particularly traumatic childbirth.

You may be able to make a claim for cerebral palsy compensation where the actions or inaction of medical staff responsible for your care before, during or immediately post-birth have contributed to or caused your child’s cerebral palsy.

Why make a cerebral palsy claim?

If your baby has developed cerebral palsy, caused by negligence, making a compensation claim is often the best way to get financial security for your future. A diagnosis of cerebral palsy can lead to major lifestyle changes for your family, affecting working arrangements and childcare.

Making a compensation claim can ensure you receive the financial support required to care for your child and ensure you have security for your future.

Start your compensation claim today with Blackwater Law. Once you contact a member of our team, they will talk you through your case, and advise you whether or not you have a claim to bring forward.

What is cerebral palsy?

Cerebral Palsy is the collective term for a wide range of neurological conditions that can afflict a child in the build-up to, during or immediately after birth.

Cerebral palsy occurs when a brain injury is sustained to the part of the baby’s brain that governs muscle control. In addition to difficulty controlling movement, cerebral palsy can also affect a child’s vision, hearing, learning and ability to communicate. Cerebral palsy can manifest as a result of developmental problems with the brain in the womb (potentially due to infection), or as a result of harm sustained before, during or immediately post-birth.

What causes cerebral palsy?

The most common cause of cerebral palsy is an injury to the brain either before, during or shortly after birth such as through a lack of oxygen or an illness. It can also occur if the mother contracted an infection during pregnancy, certain infections carry a raised risk of cerebral palsy, such as meningitis. In some instances, a baby’s brain may begin to show abnormal development whilst still in the womb making it vital for medical staff to ensure the correct procedures are carried out in order to help minimise the chance of cerebral palsy occurring.

Types of Cerebral Palsy

There are three different types of cerebral palsy, however, even within each classification of the condition, no two cases will be exactly the same. This is because the condition has a wide spectrum of severity, however, children will often display similar characteristics.

• Spastic cerebral palsy – This is the most common type of cerebral palsy, accounting for approximately 80% of cases. Spastic cerebral palsy results from damage to the pyramidal tract region of the brain. This is the area of the brain that is responsible for controlling muscles in the body.
• Athetoid cerebral palsy – This is the second most common form of the condition. Athetoid cerebral palsy is caused by brain injury to the Basil Ganglia or Cerebellum whilst the brain is still developing. Children with this form of cerebral palsy can display normal learning.
• Ataxic cerebral palsy- This is the rarest form of cerebral palsy and is caused by injury to the part of the brain that provides for body movement and coordination. A child with Ataxic cerebral palsy may display learning not far short of the average child, although some children do display learning difficulties.

When is cerebral palsy caused by medical negligence?

Incidents, where negligent acts can lead to the development of cerebral palsy, can mainly be categorised as follows:

Infections

Where staff fail to diagnose infections in the mother or baby during the course of pregnancy and/or fail to appropriately treat these infections, you may be entitled to make a claim for cerebral palsy compensation if your child is then diagnosed with the condition. An example of an infection linked to an increased risk of cerebral palsy is meningitis.

Abnormal development of the brain

In some cases, your baby’s brain may begin to show signs of abnormal development whilst in the womb. This may be treatable, or at least further deterioration preventable, but where medical staff fail to recognise, diagnose and take reasonable action in such cases and your baby develops cerebral palsy as a result, it may be possible for you to make a claim for cerebral palsy compensation.

Birth asphyxia (hypoxic-ischemic encephalopathy)

Adequate oxygen supply to the baby is crucial to its development. During a complex birth, the oxygen supply to the baby can be reduced or in the worst cases cut off completely. Hypoxic ischemic encephalopathy occurs when the baby’s brain is deprived of oxygenated blood causing the baby to suffer a brain injury. Such brain injury can impact parts of the brain that cause cerebral palsy. The longer a baby is deprived of oxygen the exponentially greater the risk of brain injury.

Bleeding from the brain

During pregnancy, in very rare instances, your baby may have begun to experience bleeding from the brain whilst in the womb. Whilst the original causes for this bleeding may have nothing to do with medical staff, their failure to recognise, diagnose and appropriately treat such an affliction promptly may mean you are entitled to claim cerebral palsy compensation.

Placental abruption

Where placental abruption occurs (the placenta separates from the womb), affecting the supply of oxygen and nutrients to your baby, medical staff must diagnose the condition and act promptly. Failure to act increases the risk of premature birth and stillbirth but can also lead to developmental problems such as a brain injury which could lead to cerebral palsy.

Traumatic or complicated birth

Where you experience a premature or particularly traumatic birthing process, careful handling and delivery of the baby are key. Unduly forceful or inconsiderate handling by medical staff can cause brain injuries which could lead to cerebral palsy. Careful attention is critical, particularly during assisted deliveries where the baby is in an awkward position or if the mother is too weak to deliver the baby themselves. Where medical staff mismanage or are overly forceful with forceps and this injures the baby or causes a brain injury, parents may be able to make a claim.

How much compensation could I receive in a Cerebral Palsy claim?

Claims that involve cerebral palsy can often be long and very complex. It can often take a long time to establish all the facts of the case, and the effect that any negligence is going to have moving forward. It is therefore not always possible to give an accurate estimation of how much compensation could be received in a cerebral palsy claim.

The amount of compensation will depend on the severity of the condition, and the ongoing effect the condition will have on your child and your family’s lives.

Compensation is awarded under what is known as general and special damages. You can learn more about how medical negligence compensation is calculated in this article.

Will I have to go to court for a Cerebral Palsy claim?

Most medical negligence claims do not need to be taken to court to be resolved. In 2021 for example, just 3% of claims required a court to be involved in a resolution. It is therefore unlikely that you will need to go to court for your cerebral palsy claim.

You can read more about what happens when a claim goes to court here.

How long do I have to make a Cerebral Palsy claim?

In medical negligence claims, generally, you have 3 years from the date you became aware of the negligence to make a claim. After 3 years, it can become difficult to have a successful claim.

There are some exceptions to the limit, for example, if the person who suffered from the negligence was under 18. In this case, the 3-year time limit only begins once they turn 18.

In cases of your child being diagnosed with cerebral palsy due to negligence, you will have until they turn 18 to bring forward a claim.

Cerebral Palsy Misdiagnosis Claims

It is important that the cerebral palsy solicitor who represents you in your claim is fully aware of every aspect of the medical condition and its long-term impact on your child’s life and that of your family. This expert knowledge will enable them to secure the maximum amount of cerebral palsy compensation on your behalf, therefore helping you ensure your family has financial security and your child has access to specialist care throughout their life.

Blackwater Law operates all cerebral palsy claims on a no-win, no-fee basis, meaning there is no risk to you.

Blackwater Law is independently recognised as having a leading team of medical negligence solicitors by The Legal 500 – an independent directory of the UK’s top law firms.

Your cerebral palsy lawyer will be experienced in dealing with a wide range of birth injury claims relating to injuries to both mother and baby. Such is their expertise that the team advise and represents clients across the country.