Can cerebral palsy be caused by medical negligence?

Medical negligence in cerebral palsy claims usually arises if there is a failure to deliver a baby when there are indications of stress. A delay in the delivery could mean that the baby is deprived of oxygen, which can cause permanent damage to the brain.

Cerebral palsy may also be caused by medical errors in the management after delivery such as infection, jaundice, meningitis, or a failure to treat congenital disorders. The main causes of cerebral palsy arising from medical negligence include:

• delay in delivery, causing deprivation of oxygen
• failure to diagnose and treat jaundice, which can result in hyperbilirubinemia (increased levels of bilirubin in the blood) and kernicterus (a complication of neonatal jaundice which can lead to brain damage that can cause death or long-term effects like cerebral palsy and hearing loss)
• delay in diagnosing and treating meningitis
• failure to diagnose and treat low blood sugar (hypoglycaemia).

I think that my child’s cerebral palsy was caused by medical negligence. What do I do?

It can be traumatic to realise that medical negligence may have caused your baby’s condition. Expert advice from a specialist solicitor can help clarify the situation and let you know what steps to take next. The cerebral palsy claims team at Leigh Day is made up of a range of accredited medical negligence solicitors, some with medical backgrounds. These solicitors have unrivalled experience in running these complex and challenging cases and have been successfully securing multi-million pound settlements for their injured clients since the firm’s launch in 1987. As well as their specialist expertise, Leigh Day’s solicitors are known for their sensitive support and compassion in supporting families.

Are there any limits on bringing a medical negligence claim?

The general rule is that an adult with cerebral palsy has three years from the age of 18 to start a claim, unless they have been assessed as never having legal capacity. However, in the case of children, the three-year period starts from when the child turns 18. Even if your child is over 21, it may still be possible to extend the time limit if they do not have legal capacity and cannot make decisions for themselves.

It is important to seek legal advice as soon as you can as this will make the investigation easier and will avoid any difficulties with the claim being out of time.

How can a medical negligence claim help my child?

Any parent or carer of a child with cerebral palsy will understand how challenging it can be to care for and support them – physically, emotionally, and financially. Whilst medical support will be provided through the Department of Health and your local authority, budgeting restrictions and resources can often mean that a child’s needs are not fully catered for.  In some cases, there may be delays in provision of equipment, assistance, and services. Compensation can help change lives by covering the cost of providing for a child’s needs and alleviating pressure on families. It can be paid by way of a lump sum, periodical payments, or a combination of both. The claim will provide compensation for a child’s needs throughout their life and will include provision for:

• care
• physiotherapy
• occupational therapy
• speech and language therapy
• assistive technology and equipment
• transport
• appropriate accommodation (for the child and their family)
• special educational needs
• loss of earnings
• professional costs associated with managing the award of compensation.

How much compensation could my child receive?

Compensation for cerebral palsy claims needs to cover a child’s lifetime care and other needs arising from their injury. The value of each claim will depend on the individual circumstances of the case.

How will I pay for the investigation of my claim?

Legal aid may be available to investigate compensation claims for children who have suffered a neurological injury believed to have been caused because of negligent treatment occurring in pregnancy, during birth or within the first eight weeks of life. We can also consider other forms of funding, like a conditional fee agreement – commonly known as ‘no win, no fee’.

Who can I contact for more legal advice?

Message Emmalene Bushnell directly: [email protected] or give her a call on 02920 028291.

You can also find more information on the Leigh Day website: Cerebral Palsy Claims and Compensation.

Although we are grateful to receive support from a number of corporate sponsors, we do not endorse any specific organisation. If you are seeking legal advice, we encourage you to contact a number of experienced solicitors for an initial discussion before selecting a firm.