Cerebral Palsy Claims
Birth injuries, which often result in Cerebral Palsy, can have a serious long-term impact on a child’s life, so compensation can be essential to ensure they have the best possible care and quality of life.
If cerebral palsy was caused by mistakes made by the medical professionals handling the birth, you are likely to be able to claim for cerebral palsy compensation. These claims can be complicated and difficult to resolve, so it is important to have the support of specialist birth injury solicitors at the earliest opportunity.
Wolferstans’ medical negligence solicitors have extensive experience in cerebral palsy claims, having secured millions of pounds in compensation for our clients. Our expertise means we can make the process of claiming compensation for a birth injury as simple and effective as possible for you and your loved ones.
We have a strong track record of success in even the most complex and sensitive cerebral palsy claims and are usually able to reach a settlement without the need for you to go to court. This means we can typically resolve your claim faster and at lower cost to you while allowing you to avoid the stress of attending a court hearing.
We offer a free initial no obligation consultation during which we will be able to tell you if you, your child or loved one has a claim worth pursuing.
Support At Every Stage
From your first enquiry to the final outcome, you’ll have a dedicated team of specialists guiding you through the entire process.
We’ll explain everything clearly so you understand exactly what’s going on at any point in time, answer your questions, address possible concerns, and help you get the care and support you need while your claim is ongoing.
Our cerebral palsy compensation claims service
We regularly work on a wide range of birth injury and cerebral palsy claims for clients throughout England and Wales, including those related to:
- Intrapartum hypoxia/asphyxia (lack of oxygen during labour and delivery)
- Kernicterus (jaundice)
- Hypoglycaemia (low blood sugar)
- Hyperglycaemia (high blood sugar)
- Cardiac problems (congenital heart defects)
- Infection (maternal and/or external)
- Meningitis and meningococcal septicaemia
- Group B Streptococcus
- Brain haemorrhage and hydrocephalus
- Birth trauma, such as the use of excessive force during forceps’ delivery
- Erb’s palsy
Reasons why cerebral palsy occurs
There are many reasons why birth injuries occur some of which are unavoidable, but many of them result from negligent medical treatment. We are often instructed to investigate claims resulting from:
- Failure to monitor the baby properly during labour
- Failure to respond to changes in the foetal heart rate potentially indicating a reduction in the oxygen supply to the baby
- Failure to respond to the presence of meconium potentially indicating a reduction in the oxygen supply to the baby
- Failure to respond to signs of foetal distress potentially indicating reduction in the oxygen supply to the baby
- Failure to detect prolapsed umbilical cord reducing the oxygen supply to the baby
- Failure to detect a placental abruption reducing the oxygen supply to the baby
- Failure to perform an emergency caesarean section at all or to do so quickly enough
- Failure to offer the mother the choice of having a caesarean section rather than proceeding with a natural birth, where there is a potentially large baby
- Failure to monitor and/or treat the mother’s high blood pressure during pregnancy
- Failure to monitor and/or treat mother’s gestational diabetes during pregnancy
- Failure to monitor and/or treat maternal infection during pregnancy
- Use of excessive force to deliver the baby naturally, by forceps or by Ventouse
In addition, failures in medical treatment may occur after the baby has been born. Such failures include:
- Failure to provide appropriate resuscitation for a baby born in distress
- Failure to recognise and/or treat seizures
- Failure to diagnose and/or treat jaundice
- Failure to diagnose and/or treat meningitis, Strep B or other infections
- Failure to diagnose and/or treat hypoglycaemia (low blood sugars)
Recent successful claims
£27m for child left blind with cerebral palsy at birth
Oscar’s family secured £27m after delayed response to placental abruption caused lifelong brain injury.
£2.8m for missed tumour in x-rays 6 years before diagnosis
Mrs K received £2.8m after a cancerous tumour was visible in x-rays years before diagnosis confirmed.
£950,000 for brain damage from untreated hydrocephalus
Jack received £950,000 after shunts weren’t removed, causing severe brain damage and memory loss.
How cerebral palsy claims work
There are various steps included in making a birth injury claim. This typically involves:
- Gathering evidence e.g. medical records, witness testimony, opinions of independent medical experts.
- Notifying the relevant healthcare provider of your claim.
- Waiting for the defendant’s response.
- Assessing the defendant’s response.
- Negotiation with the defendant if they do not accept responsibility for the birth injury or offer suitable compensation.
- Valuing your claim e.g. obtaining details of your past financial losses and expenses and collecting witness evidence and consulting independent experts to quantify your need for future care, therapies, aids and equipment, transport and adapted accommodation, etc.
- Alternative dispute resolution (ADR), such as mediation or arbitration, if negotiation does not produce a positive result.
- A court hearing to resolve the matter if an acceptable settlement cannot be agreed voluntarily with the defendant.
Funding a cerebral palsy compensation claim
Legal aid may be available to pursue a cerebral palsy and birth injury compensation claim that will assist in paying the legal costs.
The criteria that needs to be met is as follows:
- Clinical negligence caused a “neurological injury” to the child and as a result the child is severely disabled (meaning physical or mental disability).
- The clinical negligence occurred:
- While the child was in his or her mother’s womb; or
- During or after the child’s birth; and
- If the child was born before the beginning of the 37th week of pregnancy, the period of eight weeks beginning with the first day of what would have been that week; or
- If the child was born during or after the 37th week of pregnancy, the period of eight weeks beginning with the day of the child’s birth.
We will be happy to advise you on your eligibility and the process of applying for legal aid funding as Wolferstans are one of a limited number of firms who have a Legal Aid Contract and are able to offer Legal Aid funding in eligible cases.
If Legal Aid is not available we are able to represent many of our clients on the basis of conditional fee arrangements, commonly referred to as ‘no win, no fee’. This means that you pay us no legal fees at the outset and will only have to make a contribution to your legal costs if we secure a settlement for you. Our legal fees will be based on a pre-agreed percentage of any compensation you win, so you will never end up out of pocket.
The important thing is not to be put off by worries about funding your claim. If we believe you have a claim we will advise you and find a suitable method of funding to enable you to pursue the claim.
We will be happy to discuss your funding options when your first contact us so you can have complete confidence about how to proceed.
Why choose us
£105m recovered in 5 years
40+ years specialist experience
No upfront fees, maximum results
Our expertise in cerebral palsy claims
Wolferstans has achieved the Law Society’s Lexcel accreditation for excellence in legal practive management and client care and specific accreditation from the Law Society for Clinical Negligence due to our particular skill in this area.
Wolferstans recently recovered, what was then a record sum of damages, in excess of £33 million, for a client who has cerebral palsy as a result of mistakes that occurred shortly after his birth.
Our solicitors include members of various relevant organisations reflecting their exceptional expertise, such as:
- Headway – the National Brain Injury Association
- BIG -the Brain Injury Group
- UKABIF – UK Acquired Brain Injury Forum
- APIL (Association of Personal Injury Lawyers)
Various members of our medical negligence team have been accredited by APIL as Clinical Negligence Specialists and Brain Injury Specialists and are also on the Law Society and AvMA (Action Against Medical Accidents) Specialist Clinical Negligence Panel.
Our accreditations and awards
