How to make a cerebral palsy claim

Who can make a cerebral palsy claim?

To bring a successful cerebral palsy or birth injury compensation claim it has to be shown firstly that mistakes were made that in law amount to medical negligence. Secondly it has to be shown that those mistakes caused the development of cerebral palsy. Proving this involves an investigative process that we are undertaking for well over 50 families at any one time and which we have considerable skills in performing. We have undertaken over 500 such investigations over the years. 

Why think about claiming compensation for cerebral palsy or birth injury?

It is natural to want to avoid conflict or accusation and to celebrate life rather than focus on its negatives. So why bring a claim? The reality is that state provision to meet the special needs that people with cerebral palsy or brain injury have, is insufficient in the UK for those needs to be met properly. This is where a cerebral palsy claim can provide a lifeline and genuine financial security for life both for the child and the supporting family or carer/s. Life for the disabled can be unequal. Bringing a compensation claim can help to redress the balance and can achieve equality objectives so that individuals are able to enjoy life to the fullest extent possible.

Cerebral palsy claims that succeed typically arise as a result of mistakes made during the pregnancy and birth process. Children who are distressed at birth and who were perfectly healthy whilst in the womb can suffer a birth injury and acquire a permanent brain injury from the birth process itself. However cerebral palsy can also be caused as a result of errors when the child is very young and can happen as a result of a failure to treat congenital disorders, infection, jaundice or meningitis.  Mistakes can also occur when a baby is receiving treatment in the special care baby unit, or if there is a failure to recognise a condition at the time of discharge that requires treatment and investigation.

If it is more likely than not that the brain injury originates from medical negligence then the compensation that the child will be entitled to will be very substantial.

Cerebral palsy can be very serious and is a permanent disability and the law requires those who have caused this or another brain injury or learning disability to provide sufficient funds for the special needs arising as a result of it, to be paid for life. 

Claims can therefore run into millions of pounds. This is not a lottery win. It simply covers the enormous costs associated with catering for the special needs arising from a child with cerebral palsy including care, accommodation, lost earnings, future therapy and equipment needs.