Cerebral palsy claims

Led by Legal 500 ‘Hall of Fame’ accredited specialist, Susan Brown, our team are top-rated for the results they achieve for our clients. Their reputation for excellence is built upon decades of experience in helping brain-injured children and their families rebuild their lives after they are injured by negligent pregnancy, childbirth and neonatal care.

• We are nationally acclaimed medical negligence lawyers. We are recognised as leading clinical negligence experts by Chambers Directory and Legal 500.
• Our award-winning solicitors are accredited for our expertise by the Law Society, AvMA and APIL. We secure maximum compensation settlements for our clients which make the best provision for their current and future needs.
• We have an extensive and highly experienced medical negligence team with proven skills to succeed in high value, complex claims involving catastrophic injury and severe disability.

Some negligence causes of cerebral palsy include:

Lack of oxygen

Cerebral palsy can be caused by brain injury from lack of oxygen during late pregnancy, labour, delivery and immediately after birth. Babies who have suffered this type of brain injury may be diagnosed with hypoxic ischaemic encephalopathy, usually known as HIE. Other names for this cause of injury include hypoxia, asphyxia or anoxia.

There are some examples of negligent maternity and neonatal care mistakes which can cause cerebral palsy from HIE:

• delayed delivery of a baby with signs of ‘fetal distress’;
• negligent monitoring, such as failing to monitor the fetal heartbeat or misinterpreting the CTG; 
• hyperstimulation of the mother’s uterus from negligent use of oxytocin (Syntocinon);
• negligent care during VBAC (vaginal birth after caesarean) and uterine rupture;
• failing to act on signs of placental abruption.
• failure, poor technique or delays in helping the baby breathe by intubation, resuscitation or ventilation;
• meconium aspiration – delay or failure to clear the baby’s airway of meconium so that the baby can breathe;
• neonatal collapse from poor supervision of skin-to-skin contact.

Babies who are diagnosed with significant HIE are treated with therapeutic cooling shortly after birth. Their injury may be reported by the hospital for further investigation to HSIB (Healthcare Safety Investigations Branch) or the NHS’s defence organisation, NHS Resolution, under the Early Notification Scheme.

We strongly advise parents to contact us for independent, specialist advice about their child’s rights and possible entitlement to compensation as soon as they are contacted by NHS Resolution or HSSIB / HSIB.

Traumatic birth injury

Traumatic injury to a baby during their birth can also result in injury to their brain, leading to disability from cerebral palsy.  These injuries may be caused by negligent management of an obstructed labour, poor technique or excessive force during the delivery.

Examples of cerebral palsy claims from traumatic brain injury, caused by obstetrician and midwife negligence, include:

• skull fractures;
• forceps injuries;
• incorrect management of shoulder dystocia;
• injuries arising from an impacted fetal head;
• negligent handling of a vaginal breech delivery.

Complications of twin pregnancies

Twin or multiple pregnancies should be treated as high risk and need careful monitoring and management. Twin pregnancies are more likely to be complicated by diabetes, pre-eclampsia and other risk factors in pregnancy, and also have specific risks of their own. 

Examples of complications in twin pregnancy which, if poorly managed, can lead to brain injury and cerebral palsy include:

• twin-to-twin transfusion syndrome (TTTS);
• delayed delivery of the second twin;
• negligent handling of a vaginal breech delivery.

Neonatal brain injury

Cerebral palsy can also be caused by injury to a newborn baby’s brain from negligent neonatal care. Mistakes by midwives, paediatricians, and other neonatal staff in the minutes, hours, and days after the baby’s birth may cause further damage to a baby who was already injured or severely harm a healthy baby.

Examples of cerebral palsy claims from negligent neonatal care of a newborn baby include:

• failing to help the baby breathe safely, such as:
  • meconium aspiration from delay or failure to clear meconium from the baby’s airway;
  • negligent technique, failure or delays in intubation and resuscitation;
  • injuries caused by negligent ventilation, such as hypocarbia;
  • failure to supervise post-natal skin-to-skin contact leading to neonatal collapse;
• cooling errors;
• kernicterus brain injury from failure to diagnose, monitor and treat jaundice;
• hypoglycaemia – failing to monitor and treat low blood sugar;
• hyponatraemia – fluid monitoring errors leading to injury from low blood sodium ;
• rhesus disease or haemolytic disease of the fetus and newborn (HDFN);
• VKDB – vitamin K deficiency bleeding or haemorrhagic disease of the newborn, from failure to give vitamin K;
• delayed diagnosis and treatment of neonatal infection, such as:
  • group B streptococcal infection (GBS);
  • meningitis;
  • HSV (herpes simplex virus);
  • sepsis.

Initial help may take the form of general advice about making a claim, responding to NHS Resolution or HSSIB / MNSI, or pursuing a claim and seeking an admission of liability or interim payment. We also help families of older teenagers and young adults with cerebral palsy who decide at a later date to find out more about their entitlement to claim compensation.

Parents generally approach us:

• immediately after a traumatic birth;
• following diagnosis of HIE, the results of an MRI scan or their child being treated with cooling;
• when they are contacted by NHS Resolution (the organisation which defends claims for the NHS);
• when they want to make a complaint or respond to HSSIB / MNSI;
• on their baby’s discharge from SCBU, the neonatal intensive care unit (NICU) or hospital;
• in the baby’s early years when the baby fails to meet developmental milestones;
• in the early school years when developmental differences become apparent;
• during school when special needs or developmental issues arise;
• on transition to secondary school;
• when planning life after school, further education or independent living;
• when essential NHS or social care provision is not available, and the family needs extra help to cope;
• when parents struggle to cope financially or physically with the needs of the growing child;
• when a teenager or young adult wants to investigate the cause of their cerebral palsy and claim compensation;
• on referral from others, such as friends, support groups, other solicitors or the Court of Protection.

Compensation can’t reverse the condition, but it can make a huge difference to the injured child’s life in a way that parents may not be able to imagine in the early months and years of the child’s life. Cerebral palsy isn’t progressive, but its effects become more obvious as the child develops, creating physical and financial challenges which parents increasingly find hard to meet.

Here are a few of the benefits our clients gain from making a cerebral palsy compensation claim:

• Clear, straightforward information about the child’s condition, its cause and its likely future effects;
• In many cases, an admission of liability and apology from the hospital;
• In many cases, money to relieve financial hardship and meet immediate needs, whilst the claim is ongoing;
• Support from a case manager with coordinating essential provision and recruiting and managing additional help with care;
• Specialist advice, practical support and financial help with renting, buying or adapting a family home which is suitable for the child’s disability;
• Financial help with paying for private therapies and medical treatment;
• Support from our special educational needs (SEN) specialists in securing school placements and educational support;
• Support from a professional deputy in managing and accessing necessary funding;
• Expert support for the child during life-stage transitions, such as from school to college, or from home to supported independent living;
• Knowing that there is money available to plug the gaps in NHS, social care and educational provision;
• Settlements which combine lump sums and guaranteed annual lifelong payments for care, providing flexibility, security, and peace of mind.

Cerebral palsy claims may include compensation for:

• pain, suffering and disability;
• case management;
• costs of care;
• therapies, including:

• physiotherapy;
• occupational therapy (OT);
• speech and language therapy;
• hydrotherapy;
• psychological counselling, if needed;

• assistive technology (IT); 
• costs of surgery or medical treatment;
• increased costs of suitable accommodation or adaptations to the home; 
• loss of earnings and pension;
• specialist equipment and aids;
• adapted vehicles and transport costs; 
• special educational needs (SEN);
• Court of Protection and deputyship;
• other additional expenses directly arising from the injury and disability.

Your child may be entitled to substantial compensation.

It is important that parents understand that NHS Resolution is the organisation which defends the NHS against medical negligence claims made by patients. They act for the NHS and assess claims from the defendant’s point of view. You may be entitled to claim, even in circumstances where NHS Resolution denies liability. In our experience, around 50% of our successfully settled claims begin with NHS Resolution denying responsibility for the child’s cerebral palsy.

The NHS defence organisation, NHS Resolution, claims that its Early Notification Scheme offers support for families of babies who were born at full term but suffered hypoxic (lack of oxygen) brain injury from mistakes in maternity care.

Whilst ENS provides an early means for the NHS to investigate potential claims, in many cases parents of injured babies are not getting the level of advice or financial support for their child’s claim that they deserve.