Mothers-to-be and their babies need the correct care during pregnancy and childbirth. If the correct care is not given, the child could suffer irreversible damage, including cerebral palsy. Cerebral palsy is a condition that causes lifelong disabilities, which affects mobility and can vary in severity.
In this guide, we talk about cerebral palsy negligence claims. Firstly, we discuss when someone is eligible to make a medical negligence claim on behalf of their child. We also provide examples of how poor medical care could lead to a child having cerebral palsy.
Moreover, we provide statistics on birth injuries and a real life example of when a claimant successfully received cerebral palsy negligence compensation. Following on from this, we explain how cerebral palsy compensation is valued.
Additionally, towards the end of this guide, we explain what types of evidence can support a claim best, and what our No Win No Fee solicitors can do to make the cerebral palsy claims process as easy as possible.
It is free to have a chat with us about the circumstances. Our friendly advisors will listen to you and tell you whether you can claim compensation on behalf of a child with cerebral palsy. Contact us at any time by:
- Calling 0800 652 3087.
- Filling in our Claim Online page.
- Messaging an advisor in our live chat box.
Jump To A Section:
- What Are Cerebral Palsy Negligence Claims?
- How Could A Child’s Cerebral Palsy Be Caused By Negligence?
- Statistics Related To Birth Injuries
- Case Study: £29 Million Payout Due To A Child Developing Cerebral Palsy
- How Much Compensation For A Cerebral Palsy Claim?
- What Evidence Can Help With Cerebral Palsy Negligence Claims?
- Use Our Cerebral Palsy Solicitors To Claim Compensation
- Read More About How To Claim Medical Negligence Compensation
What Are Cerebral Palsy Negligence Claims?
Cerebral palsy claims are made when medical negligence has occurred. Medical negligence is when someone under a medical professional’s care suffers avoidable harm (harm that could’ve been prevented) because the medical professional in question breached their duty of care.
A medical professional’s duty of care is the requirement of always providing the correct standard of care to their patients. All medical professionals owe this duty to all patients they treat.
If a medical professional’s standard of care falls below the minimum expectation, then this is a breach of their duty.
As such, here are the eligibility criteria for cerebral palsy compensation claims:
- A medical professional, such as a midwife, owed your child a duty of care.
- They breached their duty.
- Your child suffered avoidable harm from this breach.
If each of the above criteria applies to your child, please contact us and speak with our advisors today.
How Could A Child’s Cerebral Palsy Be Caused By Negligence?
Here are some examples of how a child could possibly suffer cerebral palsy due to a medical professional breaching their duty of care:
- The mother has an infection (Rubella) during pregnancy and visits her GP to get some antibiotics to treat it. Despite the mother having the usual symptoms, the GP refuses to prescribe the antibiotics as they misdiagnose the infection as a standard heat rash. Infections in pregnant women, if they are not treated early, can easily be passed onto babies and cause a serious brain injury.
- During delivery, forceps incorrectly and presses too hard on the baby’s head. This can lead to brain damage and, consequently, they could develop cerebral palsy.
- Midwives must monitor a baby’s heart rate to detect any distress from the starvation of oxygen to the brain. If this is identified, delivery of the child may be pushed forward (for example, an emergency C-section) if necessary. So, a baby could have cerebral palsy if there was an avoidable delay in delivering the baby after oxygen deprivation was identified.
These are some examples where medical negligence is present. However, not every child that has cerebral palsy is due to negligence. Because of this, it is important to have a chat with our team to establish whether you are eligible to claim compensation for your child.
Statistics Related To Birth Injuries
According to a Freedom of Information Request, here are statistics on birth injury claims made against the NHS between the years 2019-2023.:
- There were 254 reported cerebral palsy negligence claims settled, costing the NHS £980,035,210 in compensation.
- There were 181 reported birth negligence claims settled for brain damage, costing the NHS £600,218,446 in compensation.
- In total, there were 4,805 reported birth negligence claims made against the NHS, costing the NHS more than £2 billion in total for damages payouts.
As you can see, unfortunately, medical negligence does occur and can result in birth injuries. So, if your child has been affected by medical negligence, please have a chat with us at Medical Negligence Assist today.
Case Study: £29 Million Payout Due To A Child Developing Cerebral Palsy
Here is a real life example of when a hospital paid out £29 million in compensation after a baby suffered cerebral palsy due to medical negligence.
Stepping Hill hospital, part of the Stockport NHS Foundation Trust, admitted that a baby had been left with cerebral palsy due to the hospital staff’s failings. While the baby seemed to be healthy at birth, signs of distress began showing a short while after.
There were a “series of negligent omissions”, as the family’s legal team described, and a delay in surgery. The family also waited years for a trial and for the Trust to agree to settle the case.
Source: https://www.bbc.co.uk/news/articles/czrrwey1r81o
To see whether you and your child could possibly be awarded compensation for a cerebral palsy compensation claim, please contact us.
How Much Compensation For A Cerebral Palsy Claim?
Compensation for successful cerebral palsy claims could consist of two heads of claim, called general and special damages.
General damages covers compensation for the physical and psychological effects of the avoidable harm that has been suffered, including:
- How dependent the person is on other people.
- Whether there is any pain.
- Loss of amenity.
The Judicial College Guidelines (JCG) is a document that can be looked at when general damages are being valued. The JCG contains guideline compensation values for different types of harm.
Compensation Table
We have taken harm relating to cerebral palsy from the JCG, and their guideline compensation values, and put them in the table below (the information in the top row is not from the JCG, however).
This table should only be used for guidance since all cerebral palsy compensation claims are unique.
| Injury type | Severity | Guideline compensation | Notes |
|---|---|---|---|
| Multiple serious injuries with special damages | Serious | Up to £10,000,000+ | Compensation for more than one serious injury with monetary losses, such as mobility aid and professional care costs. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | Cases include quadriplegic cerebral palsy, causing severe physical and cognitive disabilities. |
| Moderately severe (b) | £267,340 to £344,150 | The person will depend substantially on others and will need professional care constantly. | |
| Moderate (c) (i) | £183,190 to £267,340 | The person will have a moderate to severe personality change and intellect deficit. Senses will also be affected and there will be no prospect of employment. | |
| Moderate (c) (ii) | £110,720 to £183,190 | The person will have a moderate to modest intellect deficit. The prospect of employment is also greatly reduced. | |
| Moderate (c) (iii) | £52,550 to £110,720 | The person's concentration and memory are affected, and the prospect of employment is reduced. | |
| Less severe (d) | £18,700 to £52,550 | While the person will have similar problems so someone with moderate severity, they will take part in a normal social life and return to work as part of their good recovery. | |
| Minor (e) | £2,690 to £15,580 | Minimal brain damage that resolves within 2-3 years. |
Can I Claim For The Long-Term Impact Of My Child’s Cerebral Palsy?
Special damages covers compensation for the financial effects of the avoidable harm that has been sustained. In a cerebral palsy claim, the special damages will most likely outweigh the general damages as the child could need a lot of care and rehabilitation for life.
Special damages can reimburse the following:
- Loss of earnings for the parents not being able to work due to needing to care for the child. This covers the long-term impacts of loss of earnings, such as missed bonuses and pensions.
- Domestic and professional care costs, which will likely be required for the remainder of the child’s life.
- Costs for special education to aid learning disability.
- Costs of mobility aid and equipment, such as a specially adapted vehicle and assistive technology.
- Speech and language therapy costs.
The special damages for a cerebral palsy negligence claim will likely be very high, since the child and the parents will suffer these financial impacts for the rest of their life.
Having evidence of how you have been affected financially is crucial. So, please keep any invoices, bank statements, and receipts.
To learn more about how cerebral palsy compensation can be valued, please contact us today.
What Evidence Can Help With Cerebral Palsy Negligence Claims?
Here are some types of evidence that can best support cerebral palsy negligence claims:
- Medical notes and records.
- A personal treatment and symptoms diary.
- Witness statements from any staff or family that saw that negligence occurred.
- Photographs of the visible effects of negligence.
Evidence must show that your child has suffered avoidable harm because a medical professional provided substandard care. If you are struggling to gather all of your evidence, do not worry. If you are connected with one of our No Win No Fee cerebral palsy lawyers, they will help you. So, get in touch with us today.
Use Our Cerebral Palsy Solicitors To Claim Compensation
If you are eligible to make a cerebral palsy claim on behalf of your child, one of our No Win No Fee solicitors could offer you a Conditional Fee Agreement (CFA).
This is what a CFA means:
- Before the claims process begins, you pay no solicitor fees.
- During the claims process, you pay no solicitor fees.
- If the claim is unsuccessful, you pay no solicitor fees.
- If the claim is successful, you still pay no solicitor fees, but instead a ‘success fee’ will be deducted from the compensation. Success fees are a percentage, legally capped at 25%, to ensure that no matter what, your child will still receive the majority award.
Contact Us
Contact us to learn more about cerebral palsy negligence claims. If you are looking to claim on behalf of your child, our team can provide you with support and information. Please remember that it is absolutely free to have a chat with us and our lines are open 24/7:
- Call 0800 652 3087.
- Fill in our Claim Online page.
- Message an advisor in our live chat box.
Read More About How To Claim Medical Negligence Compensation
Here are some of our other guides on medical negligence compensation:
- Find out whether there is a time limit to sue for medical negligence.
- More information on how to prove a hospital negligence claim.
- How to make a stillbirth negligence claim.
Additionally, here are some other pages which can be useful:
- General Medical Council (GMC) – what good medical practice is expected from doctors.
- Royal College of Nursing (RCN) – what a nurse’s duty of care is.
- Scope – a charity that provides information on cerebral palsy.
Thank you for checking out our cerebral palsy negligence claims guide. If your family has been affected by medical negligence, we want to help you.