Cerebral Palsy Claims

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One of the most wonderful and extraordinary experiences for a family and the mother in particular is giving birth to your child. The first days and weeks of parenthood are special times; this makes it especially devastating when things go wrong and more devastating when what went wrong was caused by malpractice or negligence.

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    Compensation claims

    We have settled many cases on behalf of parents seeking compensation for injury to their children during birth. This is a complex area when seeking compensation due to the many individual factors that can present themselves. Where there is a case we make sure you receive the compensation you deserve to assist the future care and therapy your child will need for the rest of their life.

    If you would like to discuss a possible cerebral palsy negligence claim, contact one of our specialists on 0333 987 4161.

    Types of cerebral palsy

    There are four major types of cerebral palsy: spastic, athetoid, ataxic and mixed type:

    • Spastic cerebral palsy is the most common type of CP, making up 70% to 80% of cases. People with spastic cerebral palsy often experience awkward reflexes and jerky movements (hypertonia) due to muscle stiffness or weakness
    • Ataxic cerebral palsy – up to 10% of children with cerebral palsy are diagnosed with the ataxic type. Ataxic cerebral palsy is is characterised by problems with balance and coordination
    • Athetoid cerebral palsy – “non-spastic cerebral palsy”, this affects muscle tone. The main trait of athetoid CP is involuntary or jerky movement in the face, torso and limbs.
    • Mixed cerebral palsy is a combination of spastic and athetoid cerebral palsy

    Cerebral palsy and medical negligence

    Cerebral palsy can be caused by mistakes during the birth process, often involving a breach of duty of care and treatment by doctors or midwives. Cerebral palsy is caused by a brain injury or malformation that occurs before, during or after birth. Errors after delivery of your child such as undetected injury and even undetected illness such as meningitis can also contribute to cerebral palsy development. The main causes of cerebral palsy resulting from medical negligence include:

    • Failure to monitor the baby’s heartbeat – an abnormal heart rate can indicate that the baby is in distress and is not getting enough oxygen
    • Delay in delivery causing deprivation of oxygen (intrauterine hypoxia/asphyxia)
    • Failure to diagnose and treat jaundice, resulting in hyperbilirubinemia (increased levels of bilirubin in the blood) and kernicterus (a complication of neonatal jaundice), leading to brain damage.
    • Delayed diagnosis or misdiagnosis of meningitis
    • Failure to diagnose and treat low blood sugar (hypoglycaemia)
    • This is a condition your child will have for life and compensation is a necessity to cope with the expenses you will face.

    Helping you claim the compensation you deserve

    Our specialist solicitors have helped many people claim compensation following serious injury. We also have good contacts within the care and rehabilitation industry and can put you in touch with expert case managers. With our experience in this area, we know exactly what to do to get maximum compensation in relation to the severity of your injury.

    Common Questions Relating to Cerebral Palsy

    It is difficult to say as children are affected in many different ways from barely noticeable conditions to much more obvious conditions where a child needs continuous support and care throughout their lives. Conditions that occur more frequently are listed below:

    • Behavioural problems
    • Sleep problems
    • Bladder & Bowel Control problems
    • Difficulty processing shapes
    • Spatial awareness / relationships
    • Epilepsy
    • Mobility problems
    • Motor control 
    • Coordination problems
    • Learning difficulties
    • Difficulty with feeding, swallowing and speech
    • Sensory impairment

    If you or a loved one has suffered a brain injury due to negligence please contact one of our specialist solicitors on 0333 987 4161 to discuss your claim.

    In The News

    January 2020

    An award of £20.7m has been given to a girl who suffered a serious brain injury during birth. The errors were made at the Royal Berkshire Hospital in Reading in 2011. 

    The hospital admitted negligence in 2017 where lawyers claimed the hospital had missed four separate opportunities to delver her earlier to prevent injury. The hospital trust said it “deeply regrets” the standard of care given at birth, the care “fell below our usual standard”.

    March 2020

    A girl born with cerebral palsy will receive about £2.5m in compensation from the NHS following a settlement in the High Court.

    The girl’s lawyers claimed her delivery was delayed after medics at Oxford University Hospitals NHS Foundation Trust failed to see the warning signs.

    The trust had argued the damage to her brain was done before her mother went into labour.

    It earlier agreed to settle a clinical negligence claim.
    The girl, who was born at Oxford’s John Radcliffe Hospital, is now nine years old.

    She will receive a lump sum of £1.3m, and £50,000 a year, index-linked, for the rest of her life to pay for her care.

    Her legal team claimed doctors failed to see she was suffering distress in the womb

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