A cerebral palsy diagnosis can be instantly life-changing for families, as they face the demands of adapting to a new reality and the emotional and financial challenges that come with supporting their child’s future needs. The toll can be considerable, but what happens if negligent care from a medical professional caused the brain damage that resulted in cerebral palsy? One option is to seek help from a solicitor on how to sue for cerebral palsy.

To sue for cerebral palsy compensation, evidence will be required to demonstrate how the medical professional caused unnecessary or otherwise avoidable harm by failing to provide the correct standard of care. Thankfully, our panel of solicitors have the experience needed to help with this.

What You Need To Know About Cerebral Palsy Compensation Claims

• Cerebral palsy is a neurological condition that affects movement and muscle control.
• About 1 in 400 babies is born with some type of cerebral palsy.
• Cerebral palsy treatments typically centre on physical, occupational, and speech therapy, the cost of which may be recovered in a successful medical negligence claim.
• Inadequate monitoring, the improper use of forceps, and the failure to properly manage infections are some examples of how medical negligence may result in cerebral palsy.
• Our panel of No Win No Fee solicitors have provided tailored support to families in cerebral palsy compensation claims nationwide.

Here at How To Sue, our panel of solicitors understand that this can be a profoundly difficult time for families. Mindful of that, they aim to ease the strain at every stage of the claims process and secure a settlement that prioritises the child’s future. You can learn more about this support by speaking with our advisors today.

Jump To A Section

1. How To Sue For Cerebral Palsy Compensation
2. How Can Medical Negligence Cause Cerebral Palsy?
3. Cerebral Palsy Compensation Payouts
4. How Can Compensation Help With Cerebral Palsy?
5. Cerebral Palsy Case Study Of A Successful £5.4 million Settlement Payout
6. Can Interim Payments Be Given For A Cerebral Palsy Claim?
7. How To Prove Medical Negligence Caused Cerebral Palsy
8. Get Help From How To Sue
9. Frequently Asked Questions
10. Learn More

How To Sue For Cerebral Palsy Compensation

To sue for cerebral palsy compensation, the first thing to do is establish that there is clear evidence showing how a medical professional gave substandard care and directly caused harm that was otherwise avoidable. That requires answering ‘yes’ to the following questions:

• Was a duty of care owed by a medical professional?
• Did they breach this duty in some way?
• Did the breach directly cause unnecessary harm?

Simply put, doctors, nurses, midwives, and other healthcare professionals (as well as hospitals and other facilities) owe their patients a duty of care. It’s essentially their responsibility to provide patients with a level of care that meets the minimum standard expected of them.

Nevertheless, it is important to point out that cerebral palsy is not always the result of clinical negligence. In some cases, cerebral palsy develops even when medical staff deliver the correct standard of care to their patients.

Suing For Cerebral Palsy As An Adult

When suing for cerebral palsy as an adult, the main consideration is that claimants generally have 3 years from the date of the medical negligence to start pursuing compensation. However, in some medical negligence cases, it may not be immediately apparent that substandard care led to cerebral palsy. In such a scenario, the time limit may run from the date of knowledge (the point at which someone becomes reasonably aware that negligence occurred). 

The medical negligence time limit is set by the Limitation Act 1980, which makes exceptions to the 3-year window for adults who lack sufficient mental capacity to claim on their own behalf. Here, a loved one, solicitor, or other eligible adult would need to step in as a litigation friend to help make a claim. The 3-year time limit only takes effect if and when mental capacity is restored, if no claim has been made on their behalf.

Suing For Cerebral Palsy On Behalf Of My Child

If suing for cerebral palsy on behalf of your child, you would need to claim for them as their litigation friend, as minors under 18 cannot pursue compensation independently. Otherwise, the 3-year time limit only takes effect from the date of a child’s 18th birthday.

For further information about what a litigation friend is and how to sue for cerebral palsy, please get in touch for free, no-pressure guidance from our advisory team.

How Can Medical Negligence Cause Cerebral Palsy?

Medical negligence can cause cerebral palsy through the failure to provide timely treatment for infections, the improper use of forceps, and inadequate monitoring for foetal distress. There are many other ways that negligent care can lead to this condition, but the following 3 scenarios will focus on those examples:

• Forceps: Faced with a particularly challenging delivery, the attending obstetrician uses forceps to help guide the baby through the birth canal. However, they apply too much force when the baby gets stuck, directly causing a serious haemorrhage and extensive brain trauma that leads to cerebral palsy.
• Infection: Medical staff are aware that an expectant mother has tested positive for group B streptococcus (GBS), but fail to administer antibiotics for several hours after labour starts. This means that they fail to reduce the risk of GBS spreading to the unborn baby, who subsequently suffers brain damage that results in cerebral palsy.
• Inadequate monitoring: Despite continuous monitoring in place during labour, medical staff fail to notice the signs of an abnormal heart rate. That allows the fetal distress to go unnoticed, resulting in oxygen deprivation. The baby is delivered with severe brain damage and develops cerebral palsy.

For a more tailored discussion of your case of cerebral palsy negligence, please have a chat with one of our empathetic advisors today. They are here to listen and always take the time to ensure the guidance they provide is carefully considered and given without any pressure to make a birth injury claim.

Cerebral Palsy Compensation Payouts

In medical negligence claims, cerebral palsy compensation payouts can consider the extent of someone’s pain and suffering, as well as the immediate and long-term impact, and any resulting financial losses. The starting point for any compensation payout is general damages, as it covers the unnecessary harm suffered due to the negligent care of a medical professional.

Our panel of solicitors may refer to the Judicial College Guidelines (JCG) to inform their assessment of these general damages. They might do so because this text assigns suggested compensation brackets to various types and severities of harm.

You’ll find some JCG brackets below (however, the top row doesn’t come from this document). Since they are only suggestive, none of the entries guarantees how much compensation might be awarded in a successful cerebral palsy claim.

Harm	Severity	Compensation
Multiple forms of very severe harm + special damages (e.g. home adaptations, lost earnings, and care costs)	Very severe	Up to £25,000,000+
Paralysis	Tetraplegia (quadriplegia); degree of residual movement and level of independence will be considered	£396,140 to £493,000
	Paraplegia; factors looked at include life expectancy and how extensive any pain is	£267,340 to £346,890
Brain damage	Very severe; cases of quadriplegic cerebral palsy will feature severe physical and cognitive disabilities	£344,150 to £493,000
	Moderately severe; very seriously disabled and need for constant care	£267,340 to £344,150
	Moderate (i); moderate to severe intellectual deficit and no employment prospects	£183,190 to £267,340
	Moderate (ii); moderate to modest intellectual deficit and some epilepsy risk	£110,720 to £183,190
	Moderate (iii); Affecting memory and concentration, and there may be fatigue	£52,550 to £110,720
Epilepsy	Established grand mal; award will be influenced by any connected behavioural problems and prognosis	£124,470 to £183,190
	Established petit mal; will consider impact on work life and success of medications in controlling attacks	£66,920 to £160,360

Our advisors are available now if you’d like further information on calculating compensation for cerebral palsy negligence claims. They understand that this part of the claims process can raise a lot of questions, and they always strive to provide the answers sought promptly and with utmost sensitivity.

How Can Compensation Help With Cerebral Palsy?

Compensation can help with cerebral palsy by funding rehabilitation, long-term care needs, and reimbursing claimants for the financial losses resulting from the avoidable harm they endured. Special damages cover these losses, which can only be included in a claim if there is evidence of them. Typically, that proof involves payslips, bank statements, invoices, and receipts.

As a lifelong condition that has no known cure, cerebral palsy can lead to many out-of-pocket expenses that can quickly add up for families. We will look at several of these costs in the sections below.

Loss Of Income 

Parents often face a significant loss of income, particularly if they have to reduce their work hours or give up on their careers entirely to focus on caring for their child. Special damages can cover both current and future earning losses, covering:

• Salaries
• Pension contributions
• Bonuses

Cost Of Care

The cost of care can be a lifelong expense, particularly if there is substantial dependence and a need for round-the-clock support. In these instances, special damages can cover the financial impact of:

• Dedicated in-home professional care
• Help from family with dressing, cooking, and other day-to-day tasks
• Specialist equipment, such as wheelchairs, sleep positioning systems, and communication aids

Medical Expenses

Depending on the type and severity of the cerebral palsy, medical expenses may be incurred for corrective surgeries and medications. These medical costs may be for:

• Private surgeries to address issues with growth, movement, excess saliva, or incontinence
• Medications to manage pain, drooling, epilepsy, problems with sleep, and stiffness of muscles
• Botox to relax muscles and reduce tightness

Rehabilitation

Occupational, physical, and speech therapy are often a central part of the rehabilitation process for cerebral palsy. For many families, rehabilitation costs relate to:

• Occupational or physical therapy
• Speech therapy to support language development
• Private education to help manage developmental delay and severe learning difficulties

Home Adaptations

In many cases of cerebral palsy, home adaptations are essential to support accessibility and ensure overall safety. These modifications can lead to considerable costs depending on how extensive they are, and may include:

• Ramps
• Stairlifts
• Widened hallways
• Bath lifts, shower stools, and modified toilet facilities
• Sensory rooms

Car Adaptations

If car adaptations are also required to accommodate cerebral palsy, then special damages can cover any associated costs. That might be for:

• Swivel seats or hoists
• Adapted driving controls, such as steering aids
• Secondary driving controls for indicators, windscreen wipers, and lights

Travel Expenses

Another cost that can quickly add up is travel expenses incurred when attending medical appointments. Special damages can account for the following costs:

• Petrol and parking fees
• Taxi fares
• Bus and train tickets

For a more personalised discussion about special damage, please get in touch with our team of advisors today.

Cerebral Palsy Case Study Of A Successful £5.4 million Settlement Payout

In our example case study* of a successful £5.4 million settlement payout for cerebral palsy, Jack suffered extensive brain damage after being deprived of oxygen for almost 8 minutes during delivery. The midwife had noticed an abnormal heart rate pattern while monitoring Jack’s birth, but failed to recognise that this indicated reduced movement and possible foetal distress. 

The brain damage resulted in Jack developing dyskinetic cerebral palsy, which significantly impacted his motor skills, as well as his ability to speak and eat. Jack also experienced delays in developmental milestones, including crawling and walking.

To support him, Jack’s family modified their home and car to improve accessibility. On top of this, they faced the out-of-pocket expense of several therapies, specialist care, and a significant loss of income. They later claimed on Jack’s behalf with the help of a medical negligence solicitor, who secured a settlement of £5.4 million that covered Jack’s pain and suffering, as well as the resulting financial impact, which also took into account the future expenses that would need to be paid for.

You can share your family’s experience in confidence with our advisors, who are ready to provide tailored guidance on the medical negligence claims process.

Can Interim Payments Be Given For A Cerebral Palsy Claim?

Yes, interim payments can be made for a cerebral palsy claim if there is a likelihood of success or if the other party (the defendant) admits liability for causing the unnecessary harm. These early payments amount to an advance on compensation, as they are paid out before a claim has been settled.

Interim payments aim to cover immediate costs that arise during a claim. For the families of someone with cerebral palsy, those needs might range from emergency rehabilitative care to home accessibility improvements.

As part of the client-focused service they provide, our panel of solicitors can handle all aspects of the application and make the case for an early payment. You can find out more by speaking with one of our advisors.

How To Prove Medical Negligence Caused Cerebral Palsy

To prove medical negligence caused cerebral palsy, evidence will be needed showing how the care given by a healthcare provider fell below expected standards, resulting in unnecessary patient harm. For many cerebral palsy claims, this involves providing:

• Your child’s red book and a copy of their medical records, X-rays, and other imaging scans. This can provide insight into the cerebral palsy diagnosis and the extent of your child’s brain injury.
• Any correspondence with the healthcare provider concerning your child’s birth injury.
• Contact details for healthcare providers, relatives, and other witnesses who could give supportive testimony to a solicitor.

You can get further guidance on how to sue for cerebral palsy by speaking with our advisory team. They would also be happy to discuss how our panel of clinical negligence solicitors can help their clients obtain the proof needed to support a claim for cerebral palsy.

Get Help From How To Sue

You can get help from How To Sue by reaching out to our 24/7 team of advisors. They work around the clock to support families seeking more information on claiming compensation for medical negligence. Our advisors also offer a free and thorough consultation service to determine if a claim for cerebral palsy negligence can be pursued.

If there are grounds to make a cerebral palsy claim, then a solicitor from our panel will begin work as soon as possible. Throughout their years of helping clients navigate the medical negligence claims process, one thing has truly stood out to our panel of solicitors: genuine support truly matters.

Mindful of how important that can be, our panel of solicitors always take the time to build an empathetic and supportive environment for claimants and their families. That involves:

• Taking the time to understand what happened, provide straightforward guidance, and ensure concerns and questions are addressed clearly.
• Meticulously gathering and examining evidence of clinical negligence so families can stay focused on their well-being and don’t have to revisit their birth injury experience.
• Keeping clients and their families at the heart of the claims process with regular updates.
• Setting up a care plan centred on the needs of the claimant and connecting them with occupational therapists and other rehabilitation specialists.

Our panel of expert cerebral palsy solicitors offer their family-focused service on a No Win No Fee basis through a Conditional Fee Agreement. That means they do not charge upfront or ongoing service fees for their work, nor if a claim is lost.

When a claim is won, our panel of solicitors receive a percentage of the compensation as their success fee. However, claimants keep the bulk as the percentage is legally capped.

Contact Our Advisors

If you’d like to learn more about the cerebral palsy compensation claims process, contact our advisors at any time during the week. They’re here to help explain how to sue for cerebral palsy and can determine if there are grounds to claim compensation with a specialist medical negligence solicitor from our panel:

• Get a callback by filling out our contact page form
• Call on 0800 408 7827
• Message the live chat

Frequently Asked Questions

Below, you’ll find answers to 4 frequently asked questions concerning cerebral palsy.

What Is Cerebral Palsy?

Cerebral palsy is a neurological condition that encompasses several lifelong disorders affecting movement, muscle coordination, and the ability to maintain balance and posture.

What Are The Symptoms Of Cerebral Palsy?

According to the NHS, the symptoms of cerebral palsy include developmental delays, learning disabilities, muscle spasms, weak limbs, and problems with speaking. The severity of cerebral palsy symptoms can vary on a case-by-case basis.

Are There Different Types Of Cerebral Palsy?

Yes, the main types of cerebral palsy are spastic, dyskinetic, ataxic, and mixed (the latter being a combination of symptoms). The symptoms of cerebral palsy vary by type:

• Spastic cerebral palsy: Typically causes muscle stiffness that reduces movement.
• Dyskinetic cerebral palsy: Features uncontrollable and involuntary movements.
• Ataxic cerebral palsy: Unsteady movements resulting from issues with coordination and balance.
• Mixed cerebral palsy: Mixture of symptoms from other forms of cerebral palsy.

How Is Cerebral Palsy Caused?

Cerebral palsy is caused by damage to the brain before, during, or soon after birth, and may result from issues such as oxygen deprivation or infection.

Learn More

To learn more about medical negligence claims, please consider reading some of our other guides:

• Find out how to claim for surgical negligence.
• Explore the process of suing a hospital for a birth injury.
• See what is involved in seeking compensation for GP negligence.

Further resources:

• NHS guidance on living with cerebral palsy.
• A National Institute for Health and Care Excellence (NICE) overview for assessing and managing cerebral palsy in under-25s.
• The Royal College of Obstetricians and Gynaecologists (RCOG) outlines the Avoiding Brain Injury in Childbirth (ABC) programme.

Thank you for reading our illustrative case study* and general guide on how to sue for cerebral palsy.