Cerebral palsy claims

Cerebral palsy is complex and advancements in medical understanding of the condition are being made all the time. In our experience, certain types of mistakes by doctors or midwives are more likely to result in a successful claim, but no two clients’ cases are ever exactly the same. Our skilled lawyers investigate each individual’s circumstances carefully to establish whether negligent maternity or neonatal care caused their condition. Where we can prove that poor treatment caused or significantly contributed to the child’s brain injury and disability, we can help claim compensation for the child.

We have secured compensation for children, teenagers and young adults whose cerebral palsy was caused by mistakes during pregnancy, labour and delivery, as a result of their mother’s maternity care. We also specialise in compensation claims arising from neonatal brain injury where the newborn baby received negligent care in the minutes, hours and days after their birth.

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.

These are some examples of negligent maternity 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.

Examples of negligent neonatal care of the newborn baby which can cause cerebral palsy from lack of oxygen/HIE, include:

• 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 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.

We advise parents who believe their child was injured as a result of negligent care around the time of birth to contact our birth injury specialists as soon as possible for free, confidential advice. The sooner you contact us, the sooner we can begin to help. Initial help may take the form of general advice about making a claim, responding to NHS Resolution or HSIB, or pursuing a claim and seeking an admission of liability or interim payment.We also help families or 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 HSIB;
• 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.