This guide will provide you with information about cerebral palsy compensation claims. There is certain eligibility criteria that a medical negligence claim must meet in order to be valid. If it meets the criteria, you may be able to seek birth injury compensation on behalf of your child. We will explore when this could be possible in more detail throughout our guide.
Additionally, we will look at what cerebral palsy is, how it could occur and the impact it could have on someone’s life.
Furthermore, we will look at the compensation that could be awarded following a successful claim and how it’s often calculated.
If you wish to seek legal representation before staring your potential claim, we could help. The solicitors from our panel could offer their services under a type of No Win No Fee arrangement.
For more information, please continue reading. Alternatively, you can speak with one of our advisors today for free legal advice. Our team are available 24 hours a day, 7 days a week, to offer their services to you. To get in touch, you can:
Choose A Section
- Cerebral Palsy Compensation Claims
- What Is Cerebral Palsy?
- How Could Cerebral Palsy Be Caused By Medical Negligence?
- What Could I Receive From A Medical Negligence Claim?
- What Evidence Could Help In Birth Injury Claims?
- How To Make A No Win No Fee Cerebral Palsy Claim
- Learn More About Cerebral Palsy Compensation Claims
Medical negligence involves a medical professional failing to provide their patients with the correct standard of care and causing them avoidable harm as a result. They have a duty of care to ensure they are providing care that meets the correct standard. This extends to medical professionals working in different types of medical settings, such as GP surgeries, pharmacies and hospitals.
If they fail to meet this standard of care, it could result in someone experiencing unnecessary harm. This can include a birth injury such as cerebral palsy.
This condition can impact a person’s life in various ways, both physically and cognitively. If a claim is made successfully, the compensation awarded will take into consideration the impact the condition has had and will continue to have on your child’s life.
However, in order to make a valid claim, you must be able to prove that negligence occurred. If you are eligible to seek compensation. you could apply to the courts to act as a litigation friend on behalf of your child.
If you have any questions about the cerebral palsy compensation claims process, contact our advisors using the number above.
Cerebral palsy is the general term for a category of conditions that impact movement and coordination. It is caused by a problem with the brain that can develop either before, during or after birth.
Symptoms are usually noticeable during the first two to three years of a child’s life. They can include:
- Delays in development milestones, including starting to walk or sitting up
- Weakness in arms or legs
- Jerky, clumsy and uncontrolled movements
- Speaking problems
- Learning disabilities
The symptoms can vary significantly in severity. Additionally, there are several causes, such as:
- Bleeding in the brain
- Reduced blood or oxygen supply to the brain
We have provided examples of how cerebral palsy could occur in the section below.
There are various ways that cerebral palsy could occur. Examples include:
- The midwife delivering your baby uses forceps incorrectly. As a result, your baby sustains a serious head injury.
- The midwife delivering your baby fails to notice that the umbilical cord is wrapped round your baby’s neck. As a result, the baby’s brain is temporarily not getting enough oxygen.
However, it’s important to note that not all incidents of cerebral palsy will form the basis of a valid birth injury claim. For example, a medical professional could have provided care that met the correct standard but your baby was still harmed. This is not medical negligence.
You can contact our advisors to learn if you are eligible to make a claim. They can also provide further guidance on the cerebral palsy compensation claims process.
You may be wondering what the average payouts for birth injury settlements are. However, several factors are considered when valuing claims. As such, it is difficult to provide a definitive average figure.
Generally, though, the settlement awarded after making a successful medical negligence claim could comprise general and special damages. General damages accounts for the pain and suffering caused by the harm sustained due to medical negligence.
Legal professionals use the Judicial College Guidelines (JCG) to help them calculate the value of general damages. The document contains guideline compensation brackets that correspond to different injuries. We’ve included a table below using the figures from the JCG.
You should only use these figures as a guide because the settlement awarded could differ from what’s included in the table.
|Compensation (Guideline Figure)
|£324,600 - £403,990
|Several factors are considered when valuing the award such as the extent of physical pain, whether the person is aware of their disability and life expectancy.
|£219,070 - £284,260
|The level of award given will depend on factors such as the psychological impact, the person's age and their life expectancy.
|Very Severe Brain Injury (a)
|£282,010 - £403,990
|This bracket includes cases of quadriplegic cerebral palsy which causes physical and cognitive disabilities of a severe nature.
|Moderately Severe Brain Injury (b)
|£219,070 - £282,010
|The person will have a very serious cognitive or physical disability and will need constant care.
|Moderate Brain Injury (c) (i)
|£150,110 - £219,070
|The person has a moderate to severe intellectual deficit. They may experience a change in personality and an impact on senses as well as other issues.
|Moderate Brain Injury (c) (ii)
|£90,720 - £150,110
|The person has an intellectual deficit of a moderate to modest nature alongside other issues.
|Moderate Brain Injury (c) (iii)
|£43,060 - £90,720
|There are several issues such as an impact on memory and concentration, a reduced ability to work and a small risk of epilepsy.
|Less Severe Brain Injury (d)
|£15,320 - £43,060
|A good recovery has been made and the person can partake in a normal social life and return to work. However, some symptoms will still persist.
What Else Could I Claim In Birth Injury Negligence Cases?
Your settlement could also comprise special damages which accounts for the financial losses incurred as a result of the harm sustained due to medical negligence. These could include:
- Healthcare costs: Your child may require ongoing treatment due to their condition.
- Loss of earnings: You may need to give up work if your child needs full-time care.
To receive special damages, you must provide evidence of financial losses, including receipts and bank statements. You can learn more about cerebral palsy compensation claims by speaking with one of our advisors.
As part of the cerebral palsy compensation claims process, you should collect evidence to support your case. This could include:
- Medical records showing treatments, tests and scans, and hospital admissions.
- Witness statements from other medical staff or your birthing partner that can support your case.
You must also be within the three-year time limit to start a claim. This is established in the Limitation Act 1980. This three-year time limit applies from the date the of the incident or the date the harm sustained was connected to negligence.
However, there are certain exceptions to this time limit. For example, if the injured person is under the age of 18, the time limit is suspended during which time a claim could be made on their behalf. Someone could apply to act as a litigation friend.
Additionally, the time limit is suspended for those who lack the mental capacity to make the claim on their own behalf. Someone could apply to act as a litigation friend in these circumstances as well.
For more information on the time limits and how you could act as a litigation friend, please get in touch on the number above.
You may be interested in working with a medical negligence claim solicitor to help you seek a settlement. If so, our panel of No Win No Fee solicitors can assist you by offering their services under a Conditional Fee Agreement (CFA). They have experience handling claims for birth injuries.
The terms of a CFA generally mean there are no fees to pay for their services if your claim fails. If your claim is a success, your solicitor can take a legally capped percentage from your compensation.
For more information about whether a solicitor from our panel could represent your claim, please get in touch using the details provided below.
Contact Us For Free To See If You Can Claim For Medical Negligence
To learn more about cerebral palsy compensation claims, contact our advisors today. They can offer free legal advice about your potential claim. For more information, you can:
Below, we’ve compiled some resources that may be helpful to you.
- NHS – Labour and birth
- GOV – NHS Constitution For England
- Nursing And Midwifery Council – Standards for midwives
Additionally, more of our guides can be found below.
- C-Section Gone Wrong
- Claiming Compensation After Unnecessary Medical Treatment
- How To Claim For Maternity Negligence
- Never Events Compensation Claims
Thank you for taking the time to read our cerebral palsy compensation claims guide. If you need any further support, contact our advisors today.
Writer Jess Aisle
Editor Meg Macho