Making a Cerebral Palsy Claim

Recent data released by NHS Resolution as part of their annual reporting indicates that obstetric claims accounted for 62% of all clinical claims by value between 01 April 2021 and 30 March 2022. (NHS Resolution – Annual report and accounts 2021/22)

These serious incidences of negligence have a significant impact on the amount of compensation paid by the NHS and often lifelong consequences for the children and parents affected.

One of the most severe obstetric injuries in terms of lifelong impact is cerebral palsy. Morrish Solicitors have helped many families claim compensation where a child has been diagnosed with cerebral palsy as a consequence of substandard care provided before, during or after their birth.

What is Cerebral Palsy?

Cerebral palsy is the collective name for a group of lifelong conditions that affect movement and co-ordination.  The condition is usually caused by a brain injury which occurs before, during or after birth.

Types of Cerebral Palsy

There are different types of cerebral palsy which can be summarised as follows:

  • Spastic: affecting muscle stiffness or weakness.
  • Athetoid: affecting muscle tone and causing involuntary spasms.
  • Ataxic: affecting balance and co-ordination.
  • Mixed: a combination of the above.

Cerebral Palsy Symptoms

The symptoms of cerebral palsy can vary from child to child depending on the severity of the condition. These can include:

  • Delays in reaching developmental milestones.
  • Appearing too stiff or floppy.
  • Weakness in the arms and / or legs.
  • Clumsy or poorly controlled movements.
  • Difficulties walking / walking on tiptoes.
  • Learning difficulties.
  • Speech problems.
  • Vision problems

What Causes Cerebral Palsy?

Cerebral palsy can be caused by problems before, during or after the birth of a child.

  • Before birth – by damage to the brain due to reduced blood or oxygen supply, an infection caught by the mother, the baby suffering a stroke or an injury to the baby’s brain.
  • During or after birth – by a temporary loss of oxygen, an infection to the brain, a serious head injury, low blood sugar levels or a stroke.

Cerebral palsy is not always avoidable. However, sadly mistakes can be made which lead to a baby suffering cerebral palsy. This can involve medical professionals failing to spot infections in the mother during pregnancy or failing to note and act upon complications during the antenatal period, during labour and following the birth.

How Can Morrish Solicitors Help?

Many children impacted by cerebral palsy will have additional care needs which can have an impact on the whole of the family. These families will often need specialist support to meet these complex needs and to ensure the best quality of life.  This can include:

  • A specialist care package.
  • Alternative accommodation to meet the child’s physical needs.
  • Physiotherapy and speech and language therapy to aid the child’s development.
  • Aids and equipment to help with the impact of the condition.

A child who has been injured due to negligence is entitled to claim compensation. This can be used to pay for the care and support required.

Morrish Solicitors have many years of experience in supporting families to claim compensation for a cerebral palsy injury. We can provide support from the start by helping with the NHS complaints process as well as assisting with securing legal aid funding for the claim through our legal aid franchise.

Morrish Solicitors are proud to have secured compensation for a number of children impacted by cerebral palsy caused by negligent treatment. Most recently we have secured a settlement of £4.2 million for Sebastian Lowes for treatment provided during his birth at the Bradford Royal Infirmary. This money was vital to Sebastian and his family improving his quality of life.

Contact our medical negligence team on 033 3344 9613 or simply email [email protected] with your request.