Cerebral Palsy Claims Solicitors

Our dedicated team of clinical negligence solicitors are experts in dealing with cerebral palsy claims.

More about Cerebral Palsy Claims

Our cerebral palsy compensation claims solicitors are highly experienced and well-versed in dealing with a range of issues such as misdiagnosis, delayed treatment, and birth injury. Our cerebral palsy claims lawyers recognise the significant impact that cerebral palsy can have on families, and we are dedicated to working closely with our clients to achieve the best possible outcome.

With our unparalleled expertise and unwavering commitment, we ensure that our clients' rights are protected, and their interests are prioritised throughout the claims process. If you or a loved one has been affected by cerebral palsy, you can rely on our cerebral palsy solicitors to provide you with the best possible legal representation and support for your compensation claim.

What is Cerebral Palsy?

What is Cerebral Palsy?

Cerebral Palsy is a disorder of movement, muscle tone, and posture, caused by abnormal development of, or damage to, parts of the brain that control motor function. It can range from mild to severe and is usually present from birth or develops in early childhood. It can cause physical impairments, including difficulty with coordination, balance, and mobility, as well as difficulties with communication and self-care.

What is a Cerebral Palsy Compensation Claim?

What is a Cerebral Palsy Compensation Claim?

A Cerebral Palsy compensation claim is a claim for financial compensation made on behalf of a person suffering from Cerebral Palsy to help cover medical expenses, lost wages, and other costs associated with the disability.

I would like to say how eternally grateful I am for the service that Lisa has given us through this devastating time of losing my mum.

Lisa has been completely honest and upfront from the start with what to expect, and "held our hand" all the way

Whenever I needed to contact Lisa she would either answer straight away or get back to me very quickly. I do believe that Lisa is a credit to Forbes and would highly recommend her

Elaine Edwards

Forbes have been our legal team for the past 6 years and John Bennett has been the solicitor for our case. The amount of work and dedication carried out from John has been immense. We have settled this case knowing my child will be set for life and have everything we will ever need. I feel very lucky to have found a solicitor so passionate about what he does. There isn’t anything in this world we could thank John with but, from the bottom of our hearts. THANK YOU SO MUCH!!!!

Anonymous

Leonie was Very thorough and guided me through all the process from start to finish. Nothing was to much trouble. We won the case and hopefully because of her hard work and dedication we will see some improvements within the NHS

Michelle Moss

John Bennett at Forbes has been patient, supportive and understanding. From the outset I felt that my case was in safe hands. Throughout the process I have found that John is happy to explain terminology and procedures so that I have felt reassured and comfortable.

Anonymous

I dealt with Lisa Atkinson from the Blackburn branch. Lisa was always open and honest with regards to what we could expect from the case. Always quick to respond to any query we had, updated us along the way and was always professional. I found her to be very thorough in all dealings that we had with her, and would not hesitate to use again. Thank you

Lisa Bromilow
Cerebral palsy claims

Cerebral palsy claims

Forbes' expert clinical negligence solicitors are specialists in dealing with the complex area of law regarding birth injury claims, and especially, Cerebral Palsy claims.

The dedicated team of clinical negligence solicitors and litigation lawyers at Forbes draw upon a wide range of experience in all types of claims against health care authorities and professionals, as well as those at private clinics.

Funding a Compensation Claim - Legal Aid?

Funding a Compensation Claim - Legal Aid?

We are proud to be one of only a few elite law firms in the North of England with a Legal Aid Agency Clinical Negligence Franchise. This means the team at Forbes are part of an elite number of highly qualified solicitors that can apply for Legal Aid Agency Funding (formerly Legal Aid) to handle birth injury cases where the infant has suffered significant neurological harm.

We also offer 'a no win, no fee' service for appropriate clinical negligence claims, including cerebral palsy caused by birth injury claims.

Forbes understands that families can struggle to afford the appropriate equipment and necessary treatment to help a child with cerebral palsy lead a fulfilling life.

We ensure that no extra financial strain is placed upon families during their claims process and fight to get you the necessary compensation to help families ensure their child has the best care, rehabilitation, education, accommodation and therapies so their child can live life to the full and reach their full potential.

If your child has developed cerebral palsy due to birth injury or clinical negligence, the expert team at Forbes are here to help.

You have nothing to lose by getting in touch. Forbes, first and foremost are people, and understand how life-changing the effects of birth injuries can be, not just for the child with cerebral palsy but the families too. We strive to allow parents to be parents rather than carers.

This is why we always undertake any case with compassion and understanding and work with you every step of the way to ensure your child and you are cared for correctly, all on a no win, no fee basis, which means there is no cost to you for enquiring.

Cerebral palsy solicitors

Our clinical negligence solicitors are highly experienced and have worked across a number of cerebral palsy compensation claims cases including a well reported high profile test case where we managed to win £9.3 million for a child left with cerebral palsy due to medical negligence. Where clients are mentally incapable of handling their own affairs, there have been occasions when our solicitors have been appointed as Deputy by the court of protection, even after a case has finished.

We are proud of the service we offer our cerebral palsy claims clients, we understand that a diagnosis of cerebral palsy can turn a family's life upside down. There are also huge financial implications for families who need to care for a child with cerebral palsy. This is why we are proud that we can offer Legal Aid to eligible clients.

Our solicitors can deal with cerebral palsy compensation claims that arise from both the NHS and private medical facilities.

Cerebral Palsy Case Study 1

Cerebral Palsy Case Study 1

  • Angela's first child, Leona, suffered brain damage from a complicated birth due to clinical negligence. She was later diagnosed with cerebral palsy. Leona's mother, Angela, was supported by Forbes Solicitors after she called them to ask whether or not she had a claim. Since this moment we provided lifelong support for both Angela and Leona and, as this was such a severe case, we continue to work as a Court Appointed Deputy to oversee the use of the compensation award. Leona, now a teenager, requires care 24 hours a day. The compensation given meant Angela and her family could buy a suitable house that could accommodate Leona's care needs, appoint a carer and enjoy important family time together such as holidays and days out. Find out more about Leona's story here.

  • Claimant gave birth to child after extended hours of labour with no adequate observations carried out by the trust. The trust failed to do the appropriate scanning during pregnancy and no adequate observations were done during labour as a result, the child was born with sever cerebral palsy and brain damage. Family awarded £5,000,000.

  • £6.6 million for baby left with brain damage at birth causing cerebral palsy.

Cerebral Palsy Case Study 2

Cerebral Palsy Case Study 2

  • The Claimant was born in 2014 at 36 and a half weeks gestation and weighed below the 2nd centile. They were pale, floppy, severely acidotic and not breathing. They had suffered chronic partial hypoxia followed by a terminal bradycardia. They were profoundly damaged with severe quadriplegic cerebral palsy, intractable drug resistant epilepsy, feeding difficulties, visual impairment and global development delay. The Claimant cannot perform any activity of daily living and is dependent upon 24-hour care. Life expectancy is severely impaired and unpredictable. Survival is heavily reliant upon highly skilled, devoted care. The Claimant is incapable of any useful movement.

  • Breach of duty and causation were heavily in dispute throughout lengthy litigation. The specialties involved were obstetrics, paediatric neurology, paediatric anaesthesia, neonatology, midwifery and neuroradiology. The issues included intrauterine growth delay as opposed to small for gestational age, growth chart error at 32 weeks, concealed abruption and failure to deliver before 36 and a half weeks. The Claimant’s case was that if they had been delivered 10 minutes earlier, they would have been born intact.

  • Proceedings were issued and the case was listed for a 9-day Split Trial. Following a lengthy joint settlement meeting 3 weeks before Trial, a figure of £4 million was agreed and subsequently approved by the High Court. The settlement allows the family to purchase and adapt suitable accommodation and provide suitable ongoing specialist care.

Cerebral palsy compensation claims

Cerebral palsy compensation claims

While compensation will never change what has happened, it can make a difference in the quality of life of the sufferer and their family. For those that need long term care like Leona, the compensation amount should cover care, treatment and equipment for their expected lifespan. The cerebral palsy sufferer will need to see an independent medical expert to help us determine how much compensation to claim. They will then write a report stating what they think, in their expert opinion, will be the expected lifespan, the level of care and treatment needed not only now but also in the future. When working out how much compensation to give we also take the following into account:

  • Loss of earnings - this may take into account if a parent has to give up work to care for their child

  • A suitable home, and or adaptations to your home and medical equipment

  • Paying for a carer - even if a family member is the sufferer's main carer, they will need the help of qualified carers

  • Private medical care - if treatment, rehabilitation and care is unavailable on the NHS

  • Out of pocket expenses such as transport to and from hospital.

At Forbes Solicitors, we will always ask for the maximum amount of compensation that is appropriate for your situation. If you think you have a cerebral palsy negligence claim then contact our understanding and professional solicitors on 0800 037 4625 or get in touch here.

Recognition for our work

Cerebral Palsy Claims FAQs

What is cerebral palsy?

There are many different types of cerebral palsy and the severity of the condition can vary greatly as it depends on which part of the brain is affected. The condition is caused by damage to the brain, usually due to lack of oxygen. One of the most common ways this happens is during labour or it may happen a few days after birth. Cerebral palsy is one of the most common reasons for motor disability in children and can result in motor impairment, the inability to talk, learning difficulties, epilepsy and visual or hearing problems. The condition can cause severe disability, however, some only suffer from mild symptoms. The condition in itself is non-progressive so the child is unlikely to get worse as a result of the condition. However, cerebral palsy can cause complications such as premature ageing and a weakened immune system, meaning they may be more susceptible to infection.

Cerebral palsy through clinical negligence can be the result of a difficult or mismanaged labour or pregnancy. For example, medical staff were negligent in the reading of CTG traces. However, it can be also due to infection during pregnancy or it can occur due to abnormal development of the baby's brain during gestation.

How long do I have to make a cerebral palsy negligence claim?

Typically, you will have three years after diagnosis to make a cerebral palsy claim. You can only make a compensation claim if the cerebral palsy is the result of clinical negligence. However, as cerebral palsy is mainly a childhood condition, your child will have until three years from their 18th birthday to make a claim, if they wish to do so themselves. If your child is not deemed to have legal capacity (i.e. are not mentally capable of making decisions for themselves) then the time limit may be extended indefinitely.

If your child has been diagnosed with cerebral palsy due to medical negligence, then contact our expert clinical negligence solicitors today. We offer a free initial consultation and we will always listen to your story. Call us today on 0800 037 4625 or get in touch here.

What happens when I make a cerebral palsy claim?

The first step with making a cerebral palsy claim is always to have an initial consultation with us to discuss the case and make sure that you are eligible to make a compensation claim.

To proceed with the claim, we will then contact those who were responsible for the negligent treatment that your child received to see if they are willing to accept liability for what happened. If they do, we will try to secure a settlement as quickly as possible, and may well be able to set up interim compensation payments to help with medical care and ongoing expenses between now and when the full claim is settled. Any payments made to you in the interim period will be taken in to account when the final compensation amount is assessed or agreed.

The next stage of the claim is to gather the necessary evidence of the negligent care that was given. This will include independent medical professionals assessing all of the records and information about your child's condition to evaluate not only what happened, but what caused the injury and any future care needs.

Whenever possible, we aim to settle cerebral palsy claims outside of court. However, if the other party doesn't accept liability for what happened and choose to defend their case, or disagree with the amount of compensation being claimed, court proceedings may be required. We will always be with you at every stage of the process and make sure that you are fully informed about what to expect, every step of the way.

How much compensation for a cerebral palsy claim?

The amount of compensation that you might receive for a successful cerebral palsy claim will depend on the individual circumstances. This is because any compensation will not only include compensation for the incident that happened and the impact this has had on your child's life, but also future care needs will be taken into account and factored into the compensation award.

You may also be able to claim back any out of pocket expenses that you have already paid out due to the medical negligence that led to your child's cerebral palsy. This could include things such as medical treatments, along with travel and accommodation costs for attending these appointments.

When we assess your claim, we will use our experience of other successful cerebral palsy claims to give you an estimate of how much compensation you could potentially be awarded.

Who can make a cerebral palsy compensation claim?

It will usually be a parent of the child who becomes a 'litigation friend' and brings the claim on behalf of the child.

If a young person with cerebral palsy, whose parents did not seek compensation at the time of the incident, wish to look into a claim, we can help them to do so. The time limit is three years from when they turn 18. It might be that their needs have changed over time, as they transition to adulthood, and wish to seek compensation to help them with these needs.

Our dedicated Clinical Negligence team

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Partner, Personal Injury

John Bennett

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Partner, Clinical Negligence

Leonie Millard

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Senior Associate, Personal Injury

Lisa Atkinson

Your Clinical Negligence claim

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