Cerebral Palsy Compensation Claims

Cerebral palsy negligence is a type of birth injury negligence, caused by preventable errors during the prenatal, birth or neonatal periods. Common causes of cerebral palsy negligence include:

• Failure to monitor fetal distress: Missing warning signs on a heart rate monitor.
• Oxygen deprivation: Delays in performing an emergency C-section or assisted delivery.
• Mismanagement of infections: Failing to diagnose or treat maternal infections or neonatal meningitis.
• Poor jaundice management: Failing to notice the signs of severe jaundice.
• Traumatic delivery: Incorrect use of forceps or vacuum extraction tools during birth.

Cerebral palsy negligence occurs in both private hospitals and as a result of NHS negligence, so you can make a claim against wherever the negligence took place.

Looking after a child with cerebral palsy can be challenging. There’s a huge cost involved in making sure your child gets the care they need, both emotionally and financially. The damages that can be claimed for as part of a cerebral palsy negligence claim can include:

• Specialist equipment, including wheelchairs, communication devices and home modifications 
• Rehabilitation therapies
• Private hospital care
• Medications
• Special education
• Pain and suffering 
• Lost future earning capacity 
• Professional nursing care
• Reimbursement for care provided by family

There are four main types of cerebral palsy, which could leave you entitled to make a cerebral palsy claim if it’s caused by inadequate medical care. Each type can have a different effect on your child. These include:

• Spastic cerebral palsy: Spasticity is the term for when someone’s muscle tone is stiff and tight, which makes it much harder to move. It’s estimated that 80% of those with cerebral palsy will have this impairment.

• Dyskinetic cerebral palsy: This is where the muscles switch between being stiff and floppy. This will lead to uncontrolled movements of the body.

• Ataxic cerebral palsy: If a person has issues with their balance and coordination, the result can be clumsy or shaky movements. It may cause problems with speaking and being understood.

• Mixed-type cerebral palsy: It’s not uncommon for someone with cerebral palsy to have a mixture of these types mentioned above.

Yes, our solicitors and lawyers will guide you through the process and help you secure the compensation you and your child deserve. Caring for a child with cerebral palsy can be challenging, so you shouldn’t have financial concerns on top of that as a result of negligence.

Generally, you have three years from the date of negligence or when you became aware of it. Exceptions apply for children and incapacitated adults, giving you more leeway with the date.

A successful claim provides the financial security needed to cover lifelong costs, such as specialist therapy and 24-hour care. It also offers your family much-needed answers and accountability by ensuring medical errors are formally recognised and addressed.