Cerebral Palsy & Birth Injury Claims

Having a child with Cerebral Palsy has a huge impact on family life. We understand the difficulties that this can create.

Sometimes with appropriate treatment by the doctors or midwives Cerebral Palsy could have been avoided. When this happens we have the specialist knowledge to help you obtain the answers you seek and the compensation that you need.

Cerebral Palsy is a term that is used to refer to a number of conditions which impact on a person’s movement, co-ordination, speech, vision and learning.

There are three main types of Cerebral Palsy. People with spastic cerebral palsy have increased muscle tone which can mean that the muscles are still and so it can be difficult or in some circumstances impossible for them to move.

People with Dyskinetic Palsy will have difficulty controlling their muscles. They will often experience involuntary movements. The final type of Cerebral Palsy is Ataxic Cerebral Palsy. People with this type of Cerebral Palsy have difficulty with balance and co-ordination. It is however possible for people to have a mix of the three different types.

Cerebral Palsy & Birth Injury Claims


How is Cerebral Palsy caused?

Cerebral palsy is caused by a problem with a person’s brain. That problem could happen during pregnancy, during the birth or shortly after.  The problem may be caused by damage to the brain or the brain not developing properly.
The most likely causes include:
  • Infections during the pregnancy
  • Untreated jaundice
  • A stroke whilst the child is in the womb or after birth
  • Genetics
  • Injury in early childhood
  • A problem during the birth

How is Cerebral Palsy diagnosed?

Diagnosing cerebral palsy can be difficult and it may not be possible to diagnose until your child is a few years old. A medical professional will ask about your child’s symptoms and also whether there were any complications or difficulties during the pregnancy or at birth.
Your child is also likely to undergo a number of investigations including a brain scan, blood tests, EEG and an EMG, in order to confirm a diagnosis / rule out cerebral palsy.

Does my child have a claim for Clinical Negligence?

If your child has cerebral palsy or if they have suffered from a birth injury as a result of negligent treatment from the medical professionals, then your child may have a claim for compensation against the Hospital Trust.

How can Medical Negligence cause Cerebral Palsy?

Whilst cerebral palsy is not always caused by negligent treatment, there are ways in which negligence by a medical professional can result in the condition.
Examples of negligent causes of cerebral palsy include:
  • Complications during the birth which result in the child not receiving enough oxygen. This could be caused by a failure to monitor the baby’s heartbeat during the pregnancy or the birth
  • A delay / failure to perform a caesarean section when necessary
  • A delay in delivering the baby
  • The mother developing an infection during the pregnancy or during the birth which is either caused by the negligence of the medical professionals or not diagnosed and/or treated in a timely manner.
If you feel as though your child’s cerebral palsy may have been caused as a result of medical negligence, get in touch with us for a free initial consultation and we can talk through the circumstances with you. If you wish to pursue a claim, a specialist solicitor will represent you and explain what should be expected.

Is there a time limit for making a Cerebral Palsy or Birth Injury Claim?

Generally, in a clinical negligence claim you will need to start Court proceedings within three years of the negligence happening. After three years the Defendant will be able to raise ‘limitation’ as a defence to any claim, and argue that you are out of time for bringing a claim.
In cases where the Claimant is a child, limitation will not start to run until the child is 18 years of age. Limitation will therefore expire on their 21st birthday. If the claimant does not have mental capacity to litigate then limitation will not start to run until they regain capacity.

How long do Cerebral Palsy Claims take?

Cerebral palsy claims can take many years to come to conclusion but we will try and obtain an early admission of liability so that we can secure early payments of compensation to help fund the support and rehabilitation you and your child need.

Will my child need to have a medical assessment if I make a claim?

Normally, yes. To substantiate whether there is a claim, access to the relevant medical records will be needed. The records can then be assessed by a medical expert who offers their own medical opinion in relation to the possible claim.

Can I make a complaint about the treatment my child received, when no financial compensation is needed?

Yes, you can. You can complain to find out what happened, to ask for an apology or to ask that policies or procedures are changed as a result of your experiences. If you’d like to have a copy of our template complaints letter and complaints information pack, please contact us to speak to one of the team.

Why choose Waldrons?

Flexibility We are available for appointments at your home, at hospital or another location that’s convenient for you.
Dedicated You will have direct access to a Legal Advisor throughout your matter.
Established We have over 150 years’ experience in providing specialist legal advice representing individuals.
Costs We are clear on costs 100% of the time.
Local We have offices across the West Midlands, Worcestershire and Cheltenham.
Accredited Law Society Clinical Negligence Panel Accreditation.
Complaints We will help you make a complaint completely free of charge.
Cerebral Palsy & Birth Injury Claims

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Any solicitor can say they are experienced in what they do. We go the extra mile to demonstrate our expertise. Many of our lawyers have undertaken independent assessments of their knowledge and skills. Our accreditations give you the assurance that you are dealing with a specialist.

Cerebral Palsy & Birth Injury Claims

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Cerebral Palsy & Birth Injury Claims

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