Learning that your child has cerebral palsy can be overwhelming. Many parents describe feeling a mixture of shock, grief, confusion and worry about what the future may hold. Alongside these emotions, it is very common to ask questions about why this has happened and whether it could have been prevented. If you are wondering whether your child’s cerebral palsy was caused by mistakes in medical care during pregnancy, labour, birth or shortly after delivery, Boyes Turner’s experienced cerebral palsy solicitors are here to help. Boyes Turner is recognised by various independent legal directories as leading cerebral palsy solicitors. Our specialist solicitors will guide you through the cerebral palsy claim process every step of the way with expertise, kindness and compassion. This article aims to explain what cerebral palsy is, how it is diagnosed, and when it may be linked to medical negligence (including neonatal injury claims). What is Cerebral Palsy? Cerebral palsy is a lifelong neurological condition caused by damage to a baby’s developing brain before, during or soon after birth. It primarily affects movement, muscle tone, posture and coordination, but it can also be associated with difficulties with speech, learning, vision, hearing and epilepsy. The severity varies widely. Some children are able to walk independently, while others may need lifelong care and support. Cerebral palsy is not a progressive condition – the brain injury itself does not worsen over time – but the impact on a child’s life can change as they grow. Cerebral Palsy diagnosis: When and how it happens A cerebral palsy diagnosis is often not made immediately after birth. In some cases, signs may be apparent early on, such as seizures, breathing difficulties or very low muscle tone. More commonly, concerns arise as a child misses developmental milestones, such as sitting, crawling or walking. Therapeutic cooling (which is now given to babies with HIE) may reduce physical disability, sometimes leaving more subtle cognitive disabilities, which emerge in the years following birth. Diagnosis usually involves a combination of developmental assessments, brain imaging (e.g. MRI scans), and input from specialists including paediatric neurologists. For many families, the period leading up to a diagnosis is stressful and uncertain. Once a diagnosis is confirmed, parents may begin to reflect on their pregnancy, labour and their baby’s early days, and question whether different care could have led to a different outcome. When can Cerebral Palsy be caused by medical negligence? Cerebral palsy can have many causes, and not all cases are due to negligence. Some are linked to genetic factors or unavoidable complications. However, a significant number of cases are associated with avoidable brain injury caused by substandard medical care. Medical negligence may be suspected where a baby’s brain was deprived of oxygen (hypoxia) or blood flow, or where an infection or other complication was not properly managed. Examples of situations that may give rise to cerebral palsy or neonatal injury claims include: Failure to monitor the baby’s heart rate during labour Delayed response to signs of fetal distress Failure to act promptly on abnormal CTG traces Delayed or inappropriate decision to perform a caesarean section Mismanagement of prolonged or obstructed labour Failure to diagnose or treat maternal infections Errors in resuscitation after birth Poor neonatal care in the hours or days following delivery If earlier intervention or appropriate treatment would, on the balance of probabilities, have avoided or reduced the brain injury, this may form the basis of a cerebral palsy claim. How do I know if negligence was involved? Parents often worry that they are being unfair or blaming clinicians by asking these questions. However, exploring what happened is about seeking answers, accountability and support for your child’s future. You do not need to know whether negligence occurred before speaking to Boyes Turner’s cerebral palsy solicitors. Our solicitors are well recognised for their experience in cerebral palsy claims and will investigate the circumstances by: Obtaining and reviewing maternity and neonatal medical records Instructing independent medical experts in obstetrics, midwifery, neonatology, paediatric neurology and neuroradiology Assessing whether the care provided fell below an acceptable standard Considering whether different care would have prevented the injury Only if supportive expert evidence is obtained will Boyes Turner’s cerebral palsy solicitors advise you to proceed with a claim. Why parents pursue Cerebral Palsy claims For most families, bringing a claim is not about blame or financial gain. It is about ensuring their child has access to the care, therapies, equipment, accommodation and support they will need throughout their life. Cerebral palsy claims can provide compensation to fund: Specialist therapies and rehabilitation Care and support workers Adapted housing and vehicles Mobility aids and assistive technology Case management and educational support Given that children with cerebral palsy may require support for life, successful cerebral palsy claims and neonatal injury claims can be essential in securing long-term stability and quality of life. A caring and supportive approach Boyes Turner’s Cerebral Palsy Solicitors understand that discussing your child’s cerebral palsy and revisiting their birth can be emotionally painful. Our team of specialist solicitors are here to support you through every step with compassion, sensitivity and expertise. If you are asking yourself, “Could this have been prevented?” or “Do I owe it to my child to find out?”, please contact us. We will take the time to understand your situation, explain your options clearly, and support you through the process in a professional and caring manner. Contact us now for free and confidential initial advice at mednegclaims@boyesturner.com.
