Cerebral Palsy Claims

Cerebral palsy effects approx. 1 in 400 babies born in the UK. It is an umbrella term for a group of non-progressive, long-lasting motor conditions that cause physical disability in development, chiefly in areas of body movement.

There are many sub-types of cerebral palsy and none has a known cure. Medical intervention is generally limited to the treatment and prevention of complications arising from the effects of cerebral palsy.

Children with cerebral palsy may require help and assistance for many years, sometimes for life, and this is where we can help.

Cerebral palsy can result from a baby being starved of oxygen during birth. This injures the brain and can cause physical and intellectual disabilities. Research is ongoing, but it is estimated that as many as 20 per cent of cerebral palsy cases result from mismanagement of the birth process and failure to act quickly to signs of trouble.

Do get in touch with one of our specialist solicitors. We can advise you, at no charge, about whether you have a case that should be investigated.

We will fund the case with a Conditional Fee Agreement. This means you will not need to pay our costs and we will take out an insurance policy to protect you against any adverse costs. If the case is won then the Defendant will pay our costs. If you lose the case, we will not be paid and your insurance will pay any adverse costs. We can discuss the detail of a CFA Agreement when we speak.

A child is a protected party which means that the limit on bringing a claim will not be until three years from your child's 18th birthday. There are some exceptions on time limits which we can discuss if you fall outside this period. Also, if at age 21 your child lacks capacity, there is no time limit.

We will get in touch with those responsible for the negligent treatment at an early stage to see if they accept responsibility for the birth injury. If they accept responsibility, we will secure interim compensation payments that can fund immediate and pressing needs, such as professional care, before the final settlement is achieved. If there is dispute about who is responsible for the negligent treatment then we will conduct investigations using highly experienced medico-legal experts (obstetricians, midwives, paediatric neurologists and neuroradiologists) in order to prove the case.

These cases are complex and high value and as such they can take 2-3 years to conclude. This may be because the medico-legal experts we need to instruct have long waiting lists or because your child is too young to be able to properly assess what their needs will be for life. However, we will always work hard to run a case as quickly as we can so you can move on with your life.

We will always try to negotiate cases so they do not go to court. It is very unlikely that your case will go to trial. However, where no admissions are made or where the amount of the award cannot be agreed upon, we will take a case to trial. If this does happen we will advise and support you throughout the process.

In many cases we can apply to the court for Anonymity Orders which means that while the press are able to report a story, they cannot name or identify your child in any way.

We can arrange for a case manager to recruit a Multi-Disciplinary Team who will support you and your child to achieve their full potential with professional care, therapies and equipment.

Our integral Court of Protection team helps manage lump sums and annual payments made as part of an award.

Yes. At birth, if your child is at risk of having a serious and permanent brain injury, the NHS Early Notification Scheme will investigate. If they find that your child’s injury was a result of negligent medical care, you could receive compensation. However, the Scheme is in its infancy and you should speak to a specialist solicitor as soon as possible about bringing a legal case to ensure that all your child's needs will be met.

Yes. You do not need to wait until an HSIB investigation is complete before starting a case. We can advise you.

We are recognised by legal directories as leaders in this field. We have a track record of obtaining outstanding results in complex obstetric and neonatal cases, often where other solicitors have tried and failed. We are passionate about our work and the difference it makes to people's lives. We are easy to talk to and will support you from start to finish. And then we will stay in touch via our Fieldfisher Family and Friends network.