By Joanne Jeffries. Last Updated 26th January 2022. Welcome to our guide to cerebral palsy medical negligence claims. In it, we discuss cerebral palsy compensation amounts, as well as looking at the type of negligence that could lead to cerebral palsy claims.
If you or your child has cerebral palsy due to a birth injury which was caused by clinical negligence then you could be entitled to cerebral palsy compensation. Trust Accident Claims UK to help you make a cerebral palsy negligence claim. We have an excellent track record of winning cerebral palsy compensation claims. Our clients include parents of children who have cerebral palsy and adults who have cerebral palsy, whose condition was either caused by clinical negligence whilst pregnant or during childbirth, or by the attending medical team failing to act and thus preventing their condition.
Cerebral palsy compensation amounts – your questions answered
Clients often ask us “What is the average settlement for cerebral palsy?” This can vary greatly depending on the severity of your injuries, but many of our clients receive cerebral palsy compensation payouts worth tens of thousands of pounds, in some cases even hundreds.
Get help with cerebral palsy medical negligence claims
If you think you may be entitled to receive cerebral palsy compensation, take advantage of our free legal consultation today. Call us on [phone number] today to speak to one of our friendly advisors. Alternatively if you prefer not to use the phone for reasons related to your disability, please fill out our online claims form stating so and we can arrange for you to visit our offices in person.
During your consultation we will establish whether or not you have legitimate grounds to receive compensation for cerebral palsy and if you do we will estimate how much compensation you could claim. Then if you are happy to proceed, we will find the right cerebral palsy claims solicitor to handle your claim, who will proceed with your cerebral palsy medical negligence claims right away.
Choose A Section
- A Guide To Claims For Cerebral Palsy Negligence
- An Overview Of Cerebral Palsy
- How Does Cerebral Palsy Affect People’s Lives?
- What Steps Should You Take If Birth Injuries Caused Cerebral Palsy?
- Cerebral Palsy Compensation Claim Statistics
- How to Start Your Cerebral Palsy Compensation Claim
- What Could Be Included In Your Cerebral Palsy Compensation Amounts
- Cerebral Palsy Compensation Amounts – Claim Calculator
- No Win No Fee Compensation For Cerebral Palsy
- Why Make Your Cerebral Palsy Compensation Claim With Us?
- Useful Links – Relating To Cerebral Palsy Medical Negligence Claims
The neurological condition Cerebral Palsy often happens due to natural causes and is unavoidable. Unfortunately cerebral palsy can also be caused by clinical negligence during the mother’s pregnancy or during childbirth. Cerebral palsy will be a lifelong disability. People who have cerebral palsy can experience a range of symptoms including lack of motor control and tremors, this can affect different individuals on varying levels of severity. For example some may be able to walk, whilst others may be reliant on a wheel chair. Cerebral palsy can also affect the person’s speech, and in a minority of cases can cause learning difficulties.
Whilst people with cerebral palsy can lead fulfilling lives, their disabilities can still limit affect their personal independence and limit their opportunities in life. They may also require specialist mobility equipment, modifications to their home, at home care and additional medical treatments throughout their lives which can be a costly affair. A parent with a disabled child may also have to provide at home care for their child, meaning they may not be able to work as many hours as they would like to, or in some cases not at all causing a loss of earnings and damage to one’s career. If the parent has to provide round the clock care for their child, then this can also have a damaging impact on their personal life.
Cerebral palsy medical negligence claims
If you have cerebral palsy which is due to negligent medical care during your mother’s pregnancy or during your birth or your child has cerebral palsy caused by clinical negligence during this time then you could be entitled to make a cerebral palsy compensation claim. These claims can be worth tens or even hundreds of thousands of pounds, so it’s well worth pursuing compensation. In this guide to cerebral palsy and medical negligence claims we will explain more information about cerebral palsy and the effect it can have on the sufferer’s life or the lives of their families, how medical negligence can contribute to cerebral palsy and look at how you can make a cerebral palsy claim for compensation. Because cerebral palsy can affect individual sufferers on varying levels of severity and different individuals will suffer different symptoms cerebral palsy compensation claims can be very complicated. Therefore we will also advise you on how to find experienced cerebral palsy claims solicitors who can handle your medical negligence claim effectively.
Remember, Accident Claims UK can represent you in your cerebral palsy negligence claim for compensation. Contact us today to get started claiming the compensation you are entitled to.
Cerebral palsy is a neurological condition which affects the sufferer’s movement and coordination. It is a broad condition. The range and severity of symptoms experienced by people with cerebral palsy may vary dramatically from patient to patient. So for example some people with cerebral palsy may be able to walk independently, others may be unable to walk unassisted, and some may be dependant on a wheelchair. Cerebral palsy can also affect a person’s speech. In a minority of cases, people with cerebral palsy can also experience other disabilities such as learning difficulties, sight and hearing problems.
What could lead to cerebral palsy medical negligence claims?
What are the causes of cerebral palsy? The main causes of cerebral palsy is premature birth. Brain damage is second to this, with one in four hundred children born across the UK suffering from cerebral palsy due to this cause. The brain damage can happen during pregnancy, or birth. It could happen if the infant is deprived of oxygen during birth or as they are developing in the womb (hypoxia), a head trauma during birth or hypoxia. Sometimes this can be an unavoidable accident, other time the cerebral palsy is caused by clinical negligence, such as the doctors failing to spot distress or hypoxia in the infant or using the wrong tools. If you believe you developed cerebral palsy due to medical negligence, or your child developed cerebral palsy due to medical negligence then contact Accident Claims UK to receive your free legal consultation. If you have a legitimate claim, you may be owed tens or even hundreds of thousands of pounds in compensation.
At the time of writing cerebral palsy is an incurable condition. Cerebral palsy is difficult to diagnose in babies, so is usually diagnosed in children between the ages of 12 to 18 months. What are the main indicators that a child has cerebral palsy? A good indicator is if the child misses developmental milestones such as not sitting up by 8 months or being able to walk unaided by 18th months. Other tell tale signs may include not being able to grip a favourite toy, having floppy limbs or to the other extreme having uncontrollable stiff or jerky movements. Hand tremors and walking on tip toes are another telltale sign that a child has cerebral palsy. Although some people with cerebral palsy can learn to manage their symptoms through physiotherapy, it is a lifelong condition.
What could be included in cerebral palsy compensation amounts?
What effect does cerebral palsy have on the life of the person with the condition? As we have already established cerebral palsy affects different people to varying degrees, and sufferers may experience a different range of symptoms. Some people with cerebral palsy can lead almost completely independent lives, others may require complete round the clock care and their home to be adapted. In extreme cases the person can also develop epilepsy as a result, which may result in seizures that can stop them breathing. Whilst there is no reason why someone with epilepsy can’t pursue an education and a career, their condition can of course get in the way of their career and opportunities.
Unfortunately many people with cerebral palsy suffer prejudice, for example if they have speech difficulties people may make the assumption that they are stupid and write them off. This can also affect their prospects in their educational life, career or personal life. If you are the parent of a child with cerebral palsy then as we have established, your life may be affected in terms of work and free time if you have to provide at home care for your child. What’s more, there can be emotional trauma if you see your child suffering physically or being denied opportunities because of their disability.
Cerebral palsy can also be financially costly. People with disabilities like cerebral palsy often need their homes adapted, specialist mobility equipment such as a wheel chair or walking frame and may also require alternative transport to get about if they are unable to drive or use public transport. They may also require at home care, or a carer to assist them as they go about their daily lives.
I you are an adult who has cerebral palsy and your medical records will include a formal diagnosis of your condition and state the cause of your condition. For example, if it was a naturally occurring cause or an accident caused by negligent medical care or a case where medical negligence failed to prevent the accident from taking place. Your formal diagnosis and whether or not medical negligence caused or contributed to your cerebral palsy should be on your medical records. Similarly if you are a parent of a child or young adult with cerebral palsy, then you will be able to find evidence of their condition in the medical report.
If you have a young child such as a baby or a toddler who you believe may have cerebral palsy the first thing you need to do is obtain a formal diagnosis for your child. If your child is under 12 months of age, it may be difficult to obtain a formal diagnosis even if they are displaying symptoms of cerebral palsy. Usually cerebral palsy if diagnosed in children over 12 months of age. Once a child has been diagnosed with cerebral palsy, you can take them to a neurological specialist who will be able to determine is the condition was caused by brain damage (which could have been caused by clinical negligence) or other causes. For example, if the scan shows that the brain is fully developed (so not damaged during gestation in the womb), but there are signs of trauma or damage this would indicate that the brain damage occurred during birth, which could have been the result of medical negligence.
If there is any evidence that negligence during the birth has caused the cerebral palsy, you could be entitled to make cerebral palsy medical negligence claims for tens or even thousands of pounds on your child’s behalf. Claiming cerebral palsy compensation isn’t about putting blame onto the medical team, it’s about claiming funds to help you care for your child as well as possible and fund any specialist equipment or treatment they may need to undergo in the future.
Did you know that claims for babies with brain damage and cerebral palsy compensation payouts for 2016 from medical negligence claims against the NHS have tripled since 2005. Similarly in 2005 £354 million was paid in cerebral palsy settlements. Cerebral palsy compensation payouts in 2016 by comparison, cost the NHS a much as £990m
What’s more there were 1,100 claims for maternity negligence lodged against the NHS in 2015, for accidents which resulted in the infant dying or becoming brain damaged.
Some notable recent cases have seen children being awarded cerebral palsy settlements worth millions of pounds. For example, in 2015, a young girl was awarded £10 million for cerebral palsy due to clinical negligence, when doctors failed to notice foetal distress during her birth. She was awarded the large cerebral palsy compensation payout to pay for round the clock care and medical adaptations that would be needed to be made to her home. Another claim lodged in 2016 saw a young boy being awarded a £8.5 million cerebral palsy compensation payout. His cerebral palsy and brain damage was caused when he was 5 days old and had his treatment for jaundice delayed.
Clinical negligence statistics
If you’re wondering if you could get more insight into cerebral palsy compensation amounts, you might be interested to learn how much was paid by the NHS for clinical negligence in 2020-21. The NHS Resolution website publishes its Annual Accounts and Report yearly. It provides statistics relating to clinical negligence claims within it.
Below, you can see how much was paid out (in millions) by the NHS during this period. This does not just relate to compensation but also relates to legal costs for the claimant and for the NHS.
Claiming compensation for cerebral palsy and clinical negligence can be a complicated and time consuming process. To make an effective and successful claim for cerebral palsy compensation, you need to hire an expert cerebral palsy solicitor to handle your claim. Hiring the right solicitor with the legal expertise and experience to handle your claim will ensure that you have the best possible chance of winning your claim. A skilled cerebral palsy solicitor will also understand what your claim is worth, so they can ensure that you are not low balled (intentionally offered a cerebral palsy compensation payout) which is too low. Your cerebral palsy solicitor will also be able to arrange for any medical examinations or visits to a neurological specialist you or your child may be in need of, to obtain evidence.
At Accident Claims UK we understand that claiming compensation for cerebral palsy can be a stressful and upsetting experience, especially if you are the parent of a child whose condition has been recently caused by negligent clinical treatment. However, our advisors and solicitors are trained to help you in a supportive and sensitive way.
What your solicitor will do during cerebral palsy compensation claims
Claiming compensation can be difficult enough at the best of times. However, when making cerebral palsy compensation claims, it can be even more so. You’ll need to relive the event that led to your child’s suffering and discuss how it has affected both of your lives since the incident happened. On top of that, you’ll need to provide the evidence to prove why you’re seeking damages.
If you let one of our medical negligence specialists represent you, they will try to make the claims process much easier for you. While the claim may take a long time to finalise, they could seek interim payments to make life a bit easier for you. They will also ensure that you don’t need to discuss your case with the defendant’s insurer as they’ll handle all communication for you.
It is much better to get the claim right than to rush it as you wouldn’t want to settle for less than your child’s injuries warrant. Therefore, your solicitor will discuss how you’ve been affected in detail with you and relay the information to the court when your case is heard. Ultimately, they will aim to ensure everything is covered by your claim and you are compensated fully.
If your child has cerebral palsy, or you have cerebral palsy, which was caused by clinical negligence, you can claim compensation for the pain and suffering the condition has caused and other expenses or losses associated with the condition. Here are the damages you can be awarded as part of a cerebral palsy settlement.
- General damages: General damages will be the main part of your cerebral palsy claim. The damages will be awarded for the pain and suffering the condition has caused you/your child.
- Care claim: You can claim compensation for anyone, such as a friend or family member, who has provided at home care for you or your child.
- Loss of earnings: If you have had to reduce your working hours or give up your job to care for your child with cerebral palsy, you can be compensated for loss of earnings. Similarly if you are an adult with the condition, you could claim compensation for the loss of income it has caused, if you can prove that it has harmed your career prospects reduced the number of hours that you can work.
- Travel expenses: This can include travel expenses for hospital visits, or any alternative transport you had to seek.
- Medical expenses: You can claim expenses for any medical care, or specialist equipment you/your child has need on account of their cerebral palsy.
- Housing modifications: If your home has had to be adapted due to your/your child’s cerebral palsy, then you can claim expenses for this.
- Home care: If you/your child have had to receive at home care from a professional, you can claim for the cost of this.
- Modified car: You can claim compensation for the cost of a wheel chair friendly car.
For more information on what you could include in cerebral palsy compensation claims, please speak to a specialist today.
If you are claiming compensation for cerebral palsy from medical negligence, you might want to know how much cerebral palsy compensation amounts could be. It is worth mentioning that compensation settlements are calculated on an individual basis. You would need to submit evidence relating to the level of severity of your symptoms and how they affect you.
During the course of your cerebral palsy claim, you would need to gather medical evidence from an independent specialist. An appointment could be arranged for you with an independent specialist, who could examine you and speak to you about your symptoms. You might also need to undergo additional testing. When they have gathered all the insight needed into your condition, they could put together an independent medical report. Courts/lawyers could measure this evidence against the Judicial College Guidelines to determine an appropriate payout for pain, suffering and loss of amenity, The table below gives some insight into these figures.
|Injury or illness type||Severity||Settlement||Notes|
|Cerebral Palsy||N/A||Settlements could range up to £15m||Settlement figures can be extremely high.|
|Brain injuries/ Damage||Very severe||£264,650 upto in excess of £10 Million||At the higher end of the settlement range, the claimant may be able to do some things when asked. Compensation depends on how long they will live, how serious their injuries are and how conscious they are.|
|Brain injuries/ Damage||Moderatly severe||potentially in excess of £1 Million||Claimant will suffer serious disability. they will be very dependant on other people for day-to-day care. Will need 24 hour care. Injuries may be physical or neurological.|
|Brain injuries/ Damage||Moderate||from £140,870 - over £1 Million||Less serious than above. They will be able to be more independant.|
|Brain injuries/ Damage||Moderate||between £85,150 to £140,870||Reduced ability to work or do other things. Potential for epilepsy to happen.|
|Brain injuries/ Damage||Moderate||between £40,410 & £85,150||Cases in which memory and ability to concentrate are affected, there is a reduced ability for employment, where there is a slight epilepsy risk and very limited dependence on other people.|
|Brain injuries/ Damage||Less severe||betwen £14,830 & £40,410||Claimant will make a reasonable recovery.|
|Head or brain injuries||Minor||between £2,070 & £11,980||Minimal brain injuries and damage. Settlement is based on severity of injuries, recovery time, and other symptoms, such as headaches|
Please be aware that these are automatically generated compensation settlement amounts, which do not take your individual circumstances into account. For a more accurate estimation of how much compensation you could be awarded for claiming for cerebral palsy and clinical negligence, contact Accident Claims UK today to get in touch with one of our friendly advisors.
If you wish to claim cerebral palsy compensation, for yourself, or your child, Accident Claims UK will give you the option to hire a No Win No Fee solicitor. What does this mean? A no win no fee service means that you will not have to pay an upfront fee, or any ongoing fees to your solicitor. Instead, you will only pay your fee if you win, out of your cerebral palsy compensation payout. This means that there is no financial risk to you in claiming compensation for cerebral palsy negligence. What’s more, for many of our clients it’s a more affordable way to claim compensation for cerebral palsy as you will not have to pay a large upfront fee to your solicitor.
To enquire about making a No Win No Fee compensation claim, call Accident Claims UK, or use our online claims form. If you have legitimate grounds for making cerebral palsy compensation claims, we will provide you with a solicitor at the earliest possible instance.
If you are the parent of a child who has cerebral palsy which was caused by, or not prevented by medical negligence at their birth or during pregnancy, you could be entitled to make a cerebral palsy compensation claim. Similarly if you are an adult with cerebral palsy, which was caused by cerebral palsy negligence, when you were in utero or born, then you could be entitled to claim a cerebral palsy compensation settlement for your pain, suffering and expenses your condition has cost you. Trust a top cerebral palsy solicitor from Accident Claims UK to help you claim the compensation for cerebral palsy that you are entitled to. We are professional, sensitive and will fight relentlessly to get you the optimum amount of compensation you are owed. Contact us today for your free legal consolation and to get started with your cerebral palsy compensation claim. We’re looking forward to hearing from you.
An NHS guide to the symptoms of cerebral palsy
A guide from the NHS on the symptoms for cerebral palsy.
Advice for caring for a disabled child
Advice on how to care for a child with disabilities.
Types of medical negligence claims
Different types of medical negligence claim you can make with Accident Claims UK
Other Medical Negligence Guides You Can Read
- Stillbirth Medical Negligence Claims
- Birth Injury To The Mother Negligence Claims
- £100,000 For Misdiagnosed 3rd Degree Tear After Childbirth
- £37 Million For Birth Brain Injury
Thank you for reading about cerebral palsy medical negligence claims. Now, hopefully you have further insight into cerebral palsy compensation amounts, and know how we could assist with cerebral palsy claims.