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Birth injury and Cerebral Palsy Claims

We specialise in birth cases or where there has been negligent care before or after birth, resulting in a brain injury. These are complex and demanding cases, and we understand the impact a severe brain injury can have on our clients. We fight hard in every case to achieve the best outcomes possible, ensuring there is financial provision and security for the future.

Why choose us?

How we can help

If you believe that you or your child may have a case please contact us via our freephone number or by filing in our request a call back form. We will ensure that you get to speak quickly and directly to one of our dedicated team who can advise you on your options, free of charge.

After you first make contact, we will then:

  • Use our skills and knowledge to analyse your case
  • Advise on the next best steps for you to take with your claim
  • Explore the best ways of funding your case with you if we believe you have one

We understand the demands of caring for a disabled child and the need for us to work around you and your schedule. We are available out of hours and are happy to visit our clients at home when requested, providing a high level of support and guidance throughout.

Read our FAQs for more information >

Our expert lawyers – here to help you

All of our partners are accredited specialist practitioners with The Law Society and have extensive experience in running cerebral palsy claims on behalf of Claimants or their parents.

Kerstin Kubiak

Partner

Kerstin works on complex and high value medical negligence claims, primarily claims for ch…

Simon Elliman

Partner

Simon heads the Clinical Negligence Team, which specialises in claims for patients injured…

Tracy Norris-Evans

Partner

Tracy Norris-Evans specialises in claims of maximum severity, adopting a multi-disciplinar…

See all our lawyers

Success stories Find out about Jacob, whose claim was settled after a long legal battle for sust…

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FAQs

What is Cerebral Palsy?

‘Cerebral’ refers to the brain and ‘palsy’ refers to a disorder of body movement or posture.  There are different types of cerebral palsy and each child is different and is affected in a different way. Children with cerebral palsy may not be able to walk, talk, eat or play as would be expected.

Unfortunately cerebral palsy is not curable, but children can be helped to develop to their maximum potential with appropriate support and therapy.

The cause of cerebral palsy and brain injury in babies is extremely complicated. However, you may feel that a doctor or midwife’s care of you or your child during labour and childbirth, or subsequently in the newborn period, was not of a competent standard.  You may have a claim if you think the cause of brain damage could have been prevented but wasn’t, due to medical negligence.

Some examples of circumstances which may give rise to a claim include:

  • Failure to diagnose problems with growth during pregnancy;
  • Failure to respond to signs of distress during labour leading to oxygen deprivation;
  • Failure to treat infection in the mother or baby;
  • Failures to diagnose and treat illness in the newborn period, such as low blood sugar (hypoglycaemia) or jaundice.

There are a number of circumstances which could be cause for a claim, and our experienced team can advise you on your specific circumstances.

If you think that your or your child’s brain injury may have been caused by medical negligence around the time of their birth, then a detailed investigation will be undertaken with the assistance of medical experts to explore the standard of medical care provided and the likely cause of the injuries suffered.

Our specialist Clinical Negligence Solicitors can lead and support you fully through this process. We work hard to provide a tailor made service, focusing on individual needs and requirements, as every child and every family is unique.

The specialist team will always strive to carefully plan a case so that it progresses as swiftly as possible, but a lot will depend on the complexity of the claim and how long the Defendant takes to respond.  On average it takes 2 – 3 years to establish liability in a birth injury case.

A child who has been injured around the time of their birth has until their 21st birthday in which to make a claim for compensation. If the injured person lacks capacity to bring a case themselves, then there will be no limitation date in bringing forward their case. The time limits relating to medical negligence cases can be complicated and therefore it is important to seek advice at the earliest opportunity to ensure that a claim is not out of time.

In cerebral palsy claims there are two different types of damages:

  • General damages to compensate a child for their pain, suffering and general loss of amenity;
  • Special damages to compensate for specific financial losses incurred, both in the past and in the future.

With a child who has a severe brain injury the likely level of damages will be very high, amounting to several million pounds. This is mainly based on the level of care and support a child will need for the rest of their lives, including additional needs in terms of accommodation, aids and adaptations and therapies.

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