No win, no fee cerebral palsy claims
Our highly-experienced Cerebral Palsy solicitors can represent you at no upfront cost. Under our No Win No Fee agreement you will only pay a pre-agreed percentage of the compensation you are awarded if your case is successful.
We also offer Legal Aid funding for certain cases involving children who have a neurological injury that has resulted in severe disability, which has been sustained either through pregnancy, during the birth or the first eight weeks of the child’s life.
Child Brain Injuries at Birth
A life-limiting condition
Most parents picture heading home from hospital with a healthy baby, but around one in 400 children in the UK is born with Cerebral Palsy each year, a brain injury which affects movement and muscle control.
Cerebral Palsy is often significantly life-limiting, placing great strain on both the physical and mental health of people with the condition, and on loved ones who often need to provide round-the-clock support.
There are many possible causes of Cerebral Palsy, but complications either before or at the time of birth can sometimes lead to lifelong birth injuries, and can be as a result of medical negligence.
Cerebral Palsy is just one of many birth injuries that have severe and long-lasting effects, and a legal claim can secure significant compensation to firstly attend to a child’s immediate needs, and for their long-term future.
Specialists in Cerebral Palsy claims
Cerebral Palsy is not a progressive condition, but one that can lead to complications unless appropriately managed. Children often benefit from highly specialised early interventions and careful monitoring throughout their development.
At Hudgell Solicitors, our dedicated team of Cerebral Palsy compensation solicitors place a focus on securing interim compensation payments as soon as possible. This can cover the cost of much-needed therapy, equipment, accommodation and care.
Our work is dedicated to ensuring parents are fully supported, that all is in place to maximise your child’s potential, and to secure a compensation settlement which helps your child have the best possible quality of life long term.
Causes of Cerebral Palsy
The cause of Cerebral Palsy that leads to claims for medical negligence compensation is nearly always a lack of oxygen during a difficult or premature birth, or in the immediate aftermath.
Of all the types of Cerebral Palsy, some are due to lack of oxygen at birth, with the vast majority being due to other factors.
If a baby suffers from a lack of oxygen during delivery or very shortly after being born, the baby can often require resuscitating and be admitted to a special care baby unit. The baby often goes on to develop organ failure and seizures.
Babies born prematurely are at the highest risk. Other causes of Cerebral Palsy include:
- An infection caught by the mother during pregnancy.
- Bleeding in the baby’s brain.
- Changes in genes affecting brain development when the baby is in utero.
Signs and symptoms of cerebral palsy
Cerebral Palsy is not often immediately diagnosed at birth, often it is a baby failing to reach developmental milestones in their early years that leads parents to question why, and to then seek advice.
Cerebral Palsy is one of a group of lifelong conditions affecting movement and co-ordination. It can range from relatively mild, allowing a person the ability to live independently with proficient speech and mobility, to a severe and debilitating condition affecting all four limbs and thus depriving some of the ability to speak, walk and requiring full care.
The main Cerebral Palsy symptoms are:
- Muscle stiffness or floppiness.
- Muscle weakness.
- Random and uncontrolled body movements.
- Balance and coordination problems.
Compensation settlement worth £23.7m agreed in cerebral palsy birth injury case
Hudgell Solicitors has secured a damages settlement worth up to £23.7m for a 20-year-old who was born with Cerebral Palsy due to the negligent treatment provided to his mother during pregnancy. The settlement was agreed between legal representatives and approved in the High Court almost three years after a Judge ruled that Nottingham University Hospitals […]
£2.4m interim damages award is ‘life-changing’ for severely disabled 12-year-old as family can finally buy home they need
A High Court Judge’s ruling to award £2.4m interim damages to a severely disabled 12-year-old has been hailed as a ‘life-changing’ decision for the girl and her family following a struggle to find suitable accommodation. The Claimant sustained a hypoxic brain injury due to errors made during her birth, leaving her suffering from quadriplegic cerebral […]
Hudgell Solicitors secures £14.3m damages for boy left brain damaged after midwives failed to realise he was starved of oxygen at birth
A £14.3m damages settlement has been approved for a boy left brain damaged after midwives failed to properly monitor his heart rate during birth and therefore didn’t realise he was starved of oxygen. The boy, now 17, who cannot be identified for legal reasons, needed resuscitating after being born. The consequent brain injury means that […]
Boy, 17, born with cerebral palsy set for possible £20m damages award after High Court judge rules against NHS Trust
A multi-million pound damages settlement is set to be awarded to a 17-year-old boy after a High Court judge ruled in his favour and against Nottingham University Hospitals NHS Trust, saying an obstetrician’s crucial evidence could not be relied upon. The boy, who cannot be named, was represented by Hudgell Solicitors’ joint head of clinical […]
How Hudgell Solicitors won up to £20m in damages for a mother and her son born with cerebral palsy
A multi-million pound damages settlement is set to be awarded to a 17-year-old boy after a High Court judge ruled in his favour and against Nottingham University Hospitals NHS Trust, saying an obstetrician’s crucial evidence could not be relied upon. The boy, who cannot be named, was represented by Hudgell Solicitors’ joint head of clinical […]
‘Families should not have to fight years for justice when medical errors cause life-long harm to babies’
‘Families should not have to fight years for justice when medical errors cause life-long harm to babies’ The mother of a severely disabled 17-year-old boy who is set for a potential £20m medical negligence damages payout says it has been ‘appalling’ that her family has had to fight years throughout a cerebral palsy birth injury […]
How to make a cerebral palsy claim
Make a claim in six easy steps
Free Initial Advice
Call us, request a callback or complete our online claim form and we will assess whether we think you have a claim.
Funding
We will help you to decide how best to fund your claim, which could be a No win, No fee agreement or Legal Aid.
Obtain Medical Records & Medical Reports
We will request copies of your medical records and instruct appropriate medical experts to prepare reports confirming whether your care was negligent and how this caused you injury.
Letter Of Claim
We will send a letter to your healthcare provider with details of your claim, setting out why we think your case was negligent and how this caused you injury.
Prepare Claim Valuation
We will put together a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.
Negotiate Settlement
We will send all the evidence to your opponent inviting their settlement proposals. If we cannot agree a reasonable settlement, we will prepare court proceedings.
Start your claim today
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FAQs
What is Cerebral Palsy?
Cerebral Palsy is a complicated condition and symptoms may differ from person to person. There are various subdivisions, depending on the condition’s severity, so a child may be diagnosed with mild, moderate, or severe Cerebral Palsy.
The four main categories of the condition are:
Spastic Cerebral Palsy
The most common type, accounting for 70 to 80 per cent of all cases of Cerebral Palsy. It occurs when brain damage affects the cerebral cortex (the outer layer of the brain). The damage may be limited to one side of the body or just the lower limbs.
In spastic Cerebral Palsy, brain damage prevents the normal messages from the brain to muscle. To allow movement, muscles will work in pairs, so one set contracts while the other relaxes. In spastic Cerebral Palsy, the muscles often become active at once, which causes tension or spasticity which makes movement difficult.
The impact on movement depends on the severity of the condition and the number of muscles affected. For those who suffer from mild spastic Cerebral Palsy there may only be an inability to complete certain tasks, whereas, with severe spastic Cerebral Palsy, a person may be unable to complete most, if not all of the activities of daily living.
Dyskinetic Cerebral Palsy
This type of Cerebral Palsy affects about one-quarter of all the people with the condition and is a result of brain damage to the basal ganglia located in the midbrain region.
It usually affects all of the limbs and, in some instances, facial muscles are affected which causes dribbling. Rather than the increased muscle tone found in spastic Cerebral Palsy, this type of Cerebral Palsy manifests with some muscles being far too tense while others are too relaxed and this involuntary muscle activity can affect the whole body at once.
Mixed Cerebral Palsy
This is when there is a combination of spasticity and dyskinetic movements.
Ataxic Cerebral Palsy
This is a much rarer form of Cerebral Palsy affecting only between five to 10 per cent of those with this condition. In these cases, the damage is caused to the cerebellum – the part of the brain governing the muscle movement required for balance and coordination – so those with ataxic Cerebral Palsy can struggle with these faculties.
How does a Cerebral Palsy compensation claim work?
If it can be proven that the lack of oxygen is due to medical negligence then you may be able to claim Cerebral Palsy compensation.
The compensation process involves a detailed investigation of the events leading up to the delivery of the baby and the subsequent aftercare, and it can result in settlements aimed at improving lifelong quality of life – not just the child’s immediate needs. Families who make Cerebral Palsy claims do so ultimately to improve their child’s quality of life.
At the moment, apart from the legal process, there is no other way that families can obtain compensation. As a result, they must seek the advice of specialist Cerebral Palsy solicitors with a good understanding of the causes of Cerebral Palsy, including how it can occur, the signs to look out for in medical records and documentation that will indicate whether there is a likely case or not.
How will Hudgells help me through my Cerebral Palsy claim?
We have a highly-experienced team of solicitors who have handled many claims related to Cerebral Palsy, who are also supported by our own in-house medical experts – including a registered midwife – meaning we are able to fully assess cases and the standard of treatment provided.
If we can pursue a compensation claim on your behalf, a specialist medical negligence lawyer will be assigned and dedicated to supporting you through your case. They will explain what is needed from you at each stage of the process, including what evidence and information will need to be obtained.
Our representation sees us:
- Carry out initial fact-finding by discussing with you what happened, what went wrong and the impact it has had on your life.
- Inform the healthcare provider of our investigation into the care they provided, requesting relevant medical records and details of examinations and treatment.
- Seek independent medical opinion to determine whether your child’s injuries could and should have been prevented, had the proper care and attention been given.
- Make a decision, based on evidence gathered, as to whether we are in a position to make an official claim for damages to compensate for the suffering and hardship caused.
- Should admissions of negligence be secured, consider an application for interim payments to cover the cost of any immediate needs for a child and family.
- Seek to negotiate a compensation settlement out of court which reflects the injury and loss caused, including damages to cover any future care and assistance required.
From fact-finding to preparing your files should the case need to go to court, we are with you every step of the way throughout your claim.
How much does a Cerebral Palsy claim cost?
Cerebral Palsy claims taken on by Hudgell Solicitors can be handled on a no win, no fee basis. This means that you will not have to pay any money upfront and there will be no financial risk if your case is unsuccessful. If your case is successful, you will only be expected to contribute to your solicitor’s fees once the case has been resolved.
We also offer Legal Aid funding for certain types of medical negligence compensation claims. This typically involves children who have a neurological injury that has resulted in severe disability, which has been sustained either through pregnancy, during the birth or the first eight weeks of the child’s life.
Get in touch to discuss funding options for your claim.
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Child Brain Injuries at Birth
One in ten cases of cerebral palsy is due to medical negligence by a midwife, doctor, or medical team. Complications either before or at the time of birth can also lead to other lifelong injuries such as Erb’s Palsy and Hypoxic Ischemic Encephalopathy (HIE). Medical negligence lawyer Maria Repanos explains how a baby’s birth injury […]
Common questions, misconceptions and advice about making a medical negligence compensation claim
In this article experienced Chartered Legal Executive, Ronke Bain, answers the common questions about clinical negligence claims. What is clinical negligence, and does it differ from medical negligence? Clinical negligence occurs when a healthcare professional provides substandard care that directly causes harm to a patient. This can include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes […]
Was my newborn’s Cerebral Palsy caused by medical negligence?
In this article: What are the early signs and symptoms of Cerebral Palsy in newborns? What causes Cerebral Palsy during pregnancy? Can I make a Cerebral Palsy medical negligence claim for my newborn? How to make a Cerebral Palsy negligence claim. Navigating the challenges of Cerebral Palsy can be overwhelming, especially if you believe that […]
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