How To Claim For Cerebral Palsy
By Mary Hightown. Last updated 18th September 2024. Welcome to our cerebral palsy claims guide, where we discuss how to find out whether you could seek compensation for medical negligence.
Cerebral palsy is a life-altering condition that can affect a family in many different ways. Our guide explains the different ways in which you or your child could be compensated in the event of a successful claim.
We answer important questions about the cerebral palsy negligence claims process, including an explanation of why many people choose legal representation under the No Win No Fee terms offered by our expert solicitors.
For any further guidance on cerebral palsy compensation claims, just call our dedicated helpline today or reach us online. We have a free round-the-clock support service which you can contact us through any time. Choose one of these options to get started:
- Call 0800 073 8804
- Use our web form to contact us about your case.
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Select a section
- What Is Cerebral Palsy?
- What Can Be Claimed For After An Incident Causing Cerebral Palsy Related Injuries?
- How Is Cerebral Palsy Compensation Calculated?
- What To Do If A Negligent Childbirth Causes Cerebral Palsy
- The Most Common Cerebral Palsy Related Injuries
- No Win No Fee Cerebral Palsy Claims
- Call For Free Advice About Cerebral Palsy Claims
- Cerebral palsy claims- FAQs
What Is Cerebral Palsy?
Cerebral palsy is a general term used to describe a physical impairment that affects voluntary movement and coordination and is also linked to learning difficulties, sight and hearing problems. The symptoms of cerebral palsy vary from person to person. Two sufferers may have wildly different symptoms and experience completely different degrees of impairment; one person may only have mild symptoms, whereas another may have high levels of paralysis.
Now, cerebral palsy results from brain damage caused during pregnancy from lack of oxygen or infection. It can also be caused by trauma during birth or an injury sustained from a head wound or infection such as meningitis.
If you think that your cerebral palsy was caused by medical negligence or an accident that was not your fault, then you may be entitled to compensation. The most common cause of cerebral palsy is prematurity, with about 40% cerebral palsy in children being born prematurely. The second most common cause is brain damage.
Further details
One in 400 babies is born with cerebral palsy in the UK, and the brain damage suffered to cause the condition can occur during pregnancy or birth. If the baby is starved of oxygen for any reason during development in the womb or during birth, this can cause brain damage, leading to the development of cerebral palsy.
If the mother or baby gets an infection or there is trauma during the birth process, and you believe your baby’s condition results from sub-standard pre or postnatal care, then it may be possible for you to claim compensation. Talk to our team about cerebral palsy claims today.
What Can Be Claimed For After An Incident Causing Cerebral Palsy Related Injuries?
Developing cerebral palsy yourself or having your child develop the condition during birth or not long after can turn your world upside down. It will affect every aspect of your life, and when you are considering your cerebral palsy claim, you will need to include all the areas in which the condition has financially impacted you. Cerebral palsy claims could compensate you for;
- General damages – this covers the amount of compensation you believe you deserved to try and make up for the pain and suffering the incident and subsequent condition has caused you.
- Care claim – a care claim can be filed by anyone who has had to help you around the house if you have developed cerebral palsy and been left needing personal care or help around the house as a result.
- Loss of earnings – you can claim for loss of earnings if you have missed work or had to give it up altogether. You can also claim loss of earnings if you have had to give up work to care for a child who has developed cerebral palsy from medical negligence.
- Travel expenses – Travel expenses to and from hospitals and medical visits can be included in cerebral palsy compensation claims.
- Medical treatment expenses cover any expense you have had to pay out for medical tests or supplies.
- House modifications – you may need to modify your home to include medical supplies and equipment.
- New modified car – you can claim a wheelchair accessible car as part of your cerebral palsy settlement.
- Home care – severe cerebral palsy cases are likely to require round the clock care, and you can include home care costs as part of your compensation claim.
How Is Cerebral Palsy Compensation Calculated?
We have discussed different factors that could contribute to cerebral palsy compensation, but not how a decision is made on what is awarded if a case is successful.
Those working out how much compensation a claimant receives might look at their medical records and a prognosis to estimate how long the effects of cerebral palsy would last.
They might also refer to the Judicial College Guidelines (JCG), which contains guideline figures for various illnesses or injuries. This document could contribute to a decision on damages awarded under the general damages head of a cerebral palsy claim.
The table below is made up of JCG figures, except for the top line. However, it is only a guide, so please call us if you want a more detailed discussion about the medical negligence compensation you may be able to claim for yourself or a child in your care.
| Harm | Severity | Typical compensation amount |
|---|---|---|
| Numerous Forms of Significant Harm And Financial Losses | Serious | Up to £500,000+ |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Moderate (i) | £183,190 to £267,340 | |
| Moderate (iii) | £52,550 to £110,720 | |
| Less Severe | £18,700 to £52,550 | |
| Epilepsy | Grand Mal (Established) | £124,470 to £183,190 |
| Petit Mal (Established) | £66,920 to £160,360 | |
| Other Epileptic Conditions | £12,990 to £32,090 | |
| Loss of Sight | Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (ii) | £78,040 to £129,330 |
| Complete Loss Of Sight In One Eye (f) | £28,900 to £48,040 |
What To Do If A Negligent Childbirth Causes Cerebral Palsy
Cerebral palsy can occur without anyone being at fault, but you may have the impression that something unusual or wrong happened during childbirth.
In any case, it is important to get a diagnosis from a medical professional. Because cerebral palsy symptoms are not always immediately clear, you may have to wait some time before a diagnosis can be given.
You could then consult with a healthcare professional, such as a neurology specialist, who could perform tests to pinpoint when and how brain damage came about.
To be eligible to make a medical negligence claim, you will need to prove:
- A medical professional owed a duty of care.
- They breached this duty.
- This breach led to your child suffering unnecessary harm.
All medical professionals owe a duty of care to their patients to provide them with the correct standard of care. A failure to do so could lead to a patient suffering unnecessary harm.
If you learn that negligent medical care was involved, you may have a case against the professional in charge of the delivery. Continue reading for more insight into how cerebral palsy compensation claims work.
The Most Common Cerebral Palsy Related Injuries
There are four main types of cerebral palsy which you may hear your doctor refer to when discussing either your child’s condition or your own:
- Spastic cerebral palsy- this type of palsy causes the muscles all over the body to become stiff and tight, making movement difficult. The muscles often tighten further when you try to move quickly, making your range of movement greatly restricted.
- Ataxic cerebral palsy- the defining factors of this type of cerebral palsy are coordination and balance problems. A sufferer will have shaky and clumsy movements often accompanied by tremors and sometimes communication problems.
- Dyskinetic cerebral palsy- This type of cerebral palsy causes the body’s muscles to randomly switch between tight and floppy, which causes uncontrolled jerks and movements.
- As the title suggests, mixed cerebral palsy sufferers of this type of cerebral palsy experience a range of symptoms from two or more of the types listed above.
Doctors may use other technical terms which discussing your cerebral palsy or your child’s condition. The most commonly used terms are hemiplegia, diplegia, monoplegia and quadriplegia, which refer to the areas of the body which are affected by the condition.
Hemiplegia means that one half of the body is affected by cerebral palsy, and diplegia is where two limbs are affected. Monoplegia refers to one limb affected by cerebral palsy, and quadriplegia sufferers have all four limbs affected by cerebral palsy and usually the entire body.
No Win No Fee Cerebral Palsy Claims
We operate only on a No Win No Fee basis, which means that our expenses are claimed back from the compensation you will receive. But under No Win No Fee agreements, if we are not successful in your claim for compensation, you will not be asked to pay us a penny. We firmly believe that everyone should have access to legal help in times of need when they have faced wrongdoings in the form of medical negligence. We do not think that legal help to access compensation should be afforded to the rich only.
Our No Win No Fee policy ensures that even if you are on a low income or have been forced to give up work due to developing cerebral palsy or having to care for a child with the condition, you can have access to experienced cerebral palsy solicitors who will fight your corner for you. Should we not be successful, then there is nothing to pay at all, and you won’t be any worse off, win or lose. Contact us today to learn more about No Win No Fee Cerebral palsy claims.
Call For Free Advice About Cerebral Palsy Claims
We hope our updated guide on Cerebral palsy claims has helped you. If you face a now uncertain future as a sufferer of cerebral palsy after an accident or as a parent of a child with the condition after a mishandled pregnancy or birth, then a compensation claim can give you the financial assurance that your family will be well taken care of.
Whether you want to understand how to claim, or are looking for expert legal guidance with your cerebral palsy negligence case, we’re here to help.
Call us now on 0800 073 8804 and arrange a free consultation appointment with one of our specialised cerebral palsy solicitors who will go through your case. And they can give you an idea of the settlement amount we could secure for your cerebral palsy claims. There is no time like the present to get the ball rolling and get justice for your medical negligence claim.
Useful links
Scope provides support, information and advice to disabled people all over the country and can help you understand and come to terms with a cerebral palsy diagnosis.
If you are unsure of the symptoms of cerebral palsy, the NHS has put together a comprehensive list of common symptoms to look out for, especially in children.
NHS Caring for a child with complex needs
Caring for a disabled child is full of challenges. This NHS page has some helpful hints and tips to help you overcome a range of common challenges such as feeding, sleeping and potty training a disabled child.
Great Ormond Street Hospital- children with motor difficulties
Great Ormond Street Hospital is a world leader in children’s health, and they have put together this information page on children with motor difficulties
Brain Injury Compensation Claims
Learn more about claiming brain injuries caused by negligent medical treatment.
Medical Negligence Compensation Amounts
Suppose you or your child has suffered from a medical negligence injury due to hospital negligence or birth injury negligence. Contact us today for free legal advice on related claims.
Thank you for reading our guide on cerebral palsy claims.
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