A 15 year old girl suffered negligence at birth which caused her to develop severe cerebral palsy that would significantly shorten her life. She was awarded:
Discovering your child has cerebral palsy is devastating and may change your life. But if you believe that it is as a result of being let down by a midwife or doctor it can be even more difficult to re-establish a trusting relationship with the medical professionals that your child now needs.
Many children born with cerebral palsy have suffered an unavoidable injury but in some cases it is caused by medical negligence. This can be due to poor treatment during pregnancy, labour, delivery, or in the neonatal period when your child is new born.. Cerebral Palsy can also arise as result of mismanaged infection such as meningitis. If you believe that your child has been injured as a result of substandard medical care it’s your right that you are able to hold those responsible to account. In order to succeed in a Cerebral palsy claim in the UK you must be able to show that you, during your pregnancy, labour or delivery, or your child received a level of care below an acceptable standard. If your child’s cerebral palsy has been caused by such failings you should be able to bring a claim for compensation.
Every case is different but Your Legal Friend can guide you through each stage of the process, from investigating whether there has been medical negligence to representing you in court where necessary. Our expert team understands that making a claim cannot undo the negligence you experienced but it can help to get answers and to secure compensation to help your child in the future, as their life will now be very different.
Our team of specialist medical negligence solicitors work on behalf of victims of medical negligence in a wide variety of negligence cases, including representing those that have been affected by Cerebral Palsy. If you’ve been affected you can get in touch with our team today.
Cerebral palsy legal claims must be started in Court by the child’s 21st birthday. Or if the child will never be able to manage their affairs themselves or instruct a solicitor on their own, there may be no time limit. If you are unsure whether you or a family member are still in time to make a claim our cerebral palsy solicitors can help.
Armed with the knowledge and experience you need, one of our specialist lawyers can help you.
Despite having up to 21 years to bring a claim we urge those affected by medical negligence to take the first steps sooner where possible. This can help because there is a better chance that your medical records will be available and easy to access, your recollection of what you were told and the treatment options outlined to you will be clearer and so your witness statement will contain more detail. All of this will help strengthen your case and of course we will be able to get you answers more quickly.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Our medical negligence team has years of experience working on a wide variety of birth injury cases so we understand just how difficult a decision it can be to bring a cerebral palsy case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Our birth injury team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value cerebral palsy cases.
Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your birth injury claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard birth injury claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.
If medical negligence is to blame for your baby’s cerebral palsy you may be able to make a medical negligence claim against the Hospital or Hospital Trust responsible. Successful cerebral palsy medical negligence cases must demonstrate that the level of care you received was below standard and that it caused the cerebral palsy, so ruling out other causes which may be congenital.
Every medical negligence case is different but our cerebral palsy solicitors will work with you to investigate your case and we will give you clear advice on the prospects of success. If you want to know if you have a case that we can investigate for, our team is on hand to offer you the professional advice that you’ve been looking for. From the very beginning of the cerebral palsy compensation claims process, we’ll represent your interests and advise you.
Every cerebral palsy negligence case is different and the amount of compensation awarded will be determined by the extent of the disability and the extra help and support that is needed, both in terms of care, accommodation and equipment. We take the time to work with every one of our clients and their family to understand their needs and how lives have been changed as a result of the cerebral palsy.
We can’t tell you how much your case is worth without first speaking to you and undertaking a thorough investigation and assessment but NHS compensation awards Which take into account life changing injuries can be very large. In a cerebral palsy compensation payout 2015, one mother received a record payout in excess of £14 million after her son suffered severe brain damage during birth after those responsible for her care failed to carry out a caesarean section and properly monitor the labour.
If you’d like to talk to us about making a claim for cerebral palsy compensation, our team are on hand to offer help. A cerebral palsy lawyer will use their expert knowledge to assess your case and give you an indication of the likely value.
Cerebral palsy legal claims must be started in Court by the child’s 21st birthday. Or if the child will never be able to manage their affairs themselves or instruct a solicitor on their own, there may be no time limit. If you are unsure whether you or a family member are still in time to make a claim against those responsible for medical negligence must be taken forward within three years from the ‘date of knowledge’ – the point that your first realised negligence had occurred.
Often in cerebral palsy cases it can be months or even years before the signs of the condition are evident and medical advice is sought. The diagnosing process can also be long, meaning that you may not realise the medical negligence has occurred initially. For this reason, the time limit starts from the date of knowledge. But it can be complicated unravelling exactly when this occurred. If you’re unsure our cerebral palsy solicitors can help.
Armed with the knowledge and experience you need, one of our specialist lawyers legal professionals can help you guide you in understanding how long you have to act.
Despite children having up to 21 years to bring a claim and up to three years for adults, we urge those affected by medical negligence to take the first steps as soon as possible. This can mean there is a better chance that your medical records will be available and easy to access. We’ll ask you to give a witness statement that will contain any more details that you can recall, All of this will strengthen your case and mean we are able to get you answers more quickly.
Cerebral palsy is the name given to cover a group of lifelong conditions that can have an impact on movement, co-ordination, and other areas. It occurs due to an injury in the brain either during pregnancy, birth, or shortly afterwards.
Cerebral palsy is split into three types. Types of cerebral palsy include:
This is the most common type of cerebral palsy, accounting for around three-quarters of all cerebral palsy diagnosis cases. The most common symptom for this type of cerebral palsy is rigid limbs but how severe this is varies from person to person. Movements may be stiff and jerky and as the child grows the muscles may become shortened. Children with this type of cerebral palsy may also have learning difficulties. This type is also sub-divided further – hemiplegia, diplegia, quadriplegia – to define the extent that the condition is having an impact.
This form of the condition may also be known as dyskinetic cerebral palsy or dystonic cerebral palsy. It’s defined by unintended movements, which are present in around 20% of all cerebral palsy cases. Those suffering with the type of cerebral palsy have a good level of intelligence and understanding.
Of the cerebral palsy types, this one is the rarest, accounting for just 5% of cases. In many cases, the symptoms of ataxic cerebral palsy are less obvious than in other types. Symptoms may include difficulty with balance, spatial awareness, and unsteady movements.
Many people that are affected by cerebral palsy have more than one type of the condition, meaning symptoms can vary hugely between those affected. The extent also varies, with mild cerebral palsy symptoms that may not be very obvious, for instance.
Causes of cerebral palsy occur when a baby’s brain doesn’t develop normally in the womb or if damage occurs shortly after birth. Cerebral palsy often develops due to problems that affect the baby while it is still in the womb.
There are several ways that cerebral palsy can happen, including:
In some cases, exact cerebral palsy causes are not always clear.
Cerebral palsy is not a genetic condition but there are some factors that can increase the likelihood of a baby developing the condition. Risk factors include:
Sadly, in most cases cerebral palsy is an unavoidable complication. But there are instances where medical negligence has caused the condition.
In instances where cerebral palsy could have been avoided if due care had been taken, you may be able to make a medical negligence claim to hold those responsible to account and receive financial compensation to support you.
There are several ways that medical negligence can cause cerebral palsy to occur in a baby. Cases of cerebral palsy caused by medical negligence include:
Signs of cerebral palsy aren’t usually obvious immediately but become noticeable as the baby grows into a toddler. It’s important to note that there are different types of cerebral palsy and various levels of impact, some children may only have mild symptoms while others will experience them more severely.
Movement and development problems:
The main and most obvious symptoms are often related to movement and co-ordination. It’s often as children are developing that parents first notice the signs of cerebral palsy in babies.
Other cerebral palsy symptoms:
The combination of symptoms in those suffering from cerebral palsy can vary and the effects of the condition can depend on the area of the brain that was damaged during birth or shortly afterwards.
Cerebral palsy symptoms can affect a person’s ability to communicate, move, learn, eat, and sleep.
The impact of cerebral palsy
While the impact of cerebral palsy can be extensive, most sufferers of the condition do not have issues with their intelligence but may need dedicated carers and, in some cases, round the clock care to help them live normal, fulfilling lives.
In many cases, cerebral palsy in children doesn’t become obvious until the child has reached the age of two or three. However, the NHS advises that parents should seek medical advice and voice their concerns to their health visitor if they have any worries about how their child is developing and reaching milestones.
A baby with cerebral palsy is often diagnosed when the symptoms become recognisable and a parent raises concerns with their health visitor or GP.
When you approach a healthcare professional you should be able to rely on them to deliver an excellent standard of care. In cerebral palsy baby cases, this should include several checks that both make it possible to diagnose the condition and rule out other potential causes. Even if the initial signs are spotted early it isn’t always possible to give a quick diagnosis, in some instances it can take years.
If needed you will be referred to a specialist, who will conduct an examination and checks, such as looking at your child’s medical history and development, checking for the most common signs of the condition, and asking if there were any problems during pregnancy. An assessment of the child’s movements and learning abilities may also be conducted.
Brain scans can also be used to assess the damage to the brain that’s associated with cerebral palsy, a cranial ultrasound scan, MRI scan, and CT scan can all be used for this. Other tests that may be used when cerebral palsy is diagnosed are an electroencephalogram, an electromyogram, and blood tests.
There is no cure for cerebral palsy and those diagnosed with the condition will live their whole lives with the effects. But cerebral palsy treatment has advanced significantly in recent decades and can help those with the condition live a normal life as much as possible, including being independent.
The range of cerebral palsy treatment for adults and children cover many different areas and a team of healthcare professionals will continuously evaluate and reassess their care plan to reflect a patient’s changing needs.
Treatment options available to those diagnosed with cerebral palsy may cover:
Advances in medical science and care means that the effect of cerebral palsy as children grow older can be controlled but there are some key issues, among them:
Life with cerebral palsy is different for each person affected by the condition and this can make it difficult to predict exactly how each person will be affected throughout their life.
However, generally speaking, cerebral palsy life expectancy is the same as those that don’t have the condition. Many people with cerebral palsy go on to live full, independent lives but it can limit activities that your child may be able to do by themselves.
A cerebral palsy prognosis is generally positive and the effect it has on the brain won’t worsen over time. However, it can place a strain on the body and living with cerebral palsy can be a challenge that some people struggle with.