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Medical Negligence Claims

Cerebral Palsy Claims

If your child has cerebral palsy as a result of negligent treatment by doctors or midwives, we understand the impact this will have on your life. Our cerebral palsy solicitors know about the complex needs that your child will have, and can help you claim the compensation you deserve.

We’re one of a select group of law firms who can obtain legal aid for cerebral palsy claims. This means you’ll receive full funding for our investigation into your case, and subsequent legal representation. If legal aid isn’t available, we may be able to support you on a No Win No Fee basis, with no financial risk to you.*

We’ll investigate your cerebral palsy claim with the help of independent medical experts, working out what mistakes were made and how they could have been avoided. For example, medical negligence in cerebral palsy cases often involves a failure to:

  • Deliver the baby early enough or by caesarean
  • Monitor the baby’s heartbeat
  • Respond to the umbilical cord being wrapped around the baby’s neck

Our dedicated lawyers will guide you through the claims process, putting you in touch with relevant charity, healthcare and rehabilitation contacts. Where responsibility is admitted early by the hospital or NHS trust, we could be able to secure early compensation payments to help with your child’s rehabilitation and care.

We have decades of experience helping people claim cerebral palsy compensation, and have secured many significant lifetime rehabilitation packages for our clients. Some recent cerebral palsy claims that we’ve been involved in include:

If you’ve been affected by cerebral palsy as a result of medical negligence, please call 0800 121 6567 or contact us for a free initial consultation about your claim.

Legal aid available for some cases*
Links with support groups and charities
Recognised by independent legal guides
Offices across the country

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Cerebral Palsy Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim on behalf of your child. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your child’s negligent treatment at an early stage to see if they accept the blame for your injuries. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care your child should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • Do You Handle Legal Aid Cases?
    • Yes, we can accept legal aid for clinical negligence claims involving serious neurological birth injuries like cerebral palsy that happened within eight weeks of the child’s birth.

      We’re one of a select group of law firms that can take on legal aid cases in medical negligence. To qualify for legal aid, there is a means test (based on any savings the baby has) and a merit test that simply requires that there’s enough reason for us to investigate the case.

      If your claim qualifies, then you’ll receive funding for our initial investigation and you won’t have to pay anything yourself. After that, you’ll receive legal aid funding for full representation if we take your case on.

      Our specialist lawyers will talk you through the different funding options available to you.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • How Our Other Teams Can Help
    • Because we’re a full-service law firm, we also have a number of other in-house teams with specialist knowledge in areas such as rehabilitation, Wills and asset management.

      Rehabilitation

      We see rehabilitation as key and will make sure that you can access the care and support services your child needs to lead the best life possible. Our client liaison managers can provide support and information to you and your family, helping you with many of the “non-legal” problems you may face such as benefit eligibility and healthcare. We helped secure a vital compensation package for Edward, amounting to £10.2m over his lifetime.

      Public Law & Human Rights

      Our Public Law & Human Rights department can offer advice on Part 3 of the Children and Families Act 2014. The Act made sweeping reforms to child welfare legislation, affecting young people with special education needs under the age of 25. It replaced statements of special educational needs and learning difficulty assessments with a combined Education, Health and Care Plan (EHC plan).

      We can advise you on:

      • The new assessment process
      • EHC plans
      • Duties of schools
      • Challenging decisions

      Click here for more information, factsheets and template letters.

      Wills

      We have specialist Wills solicitors who can help with any issues surrounding Wills and who can also assist if you’re claiming on behalf of a loved one who has unfortunately passed away.

      Asset Management

      Our Asset Management team can provide advice on how your compensation could be best invested so that it’s there for the rest of your child’s life. We also have Court of Protection lawyers who can set up a personal injury trust, which protects your compensation and ensures that you remain eligible for any benefits you’re entitled to.

      Court of Protection

      We have the largest Court of Protection department in the UK, which helps people manage their affairs when they don’t have the mental capacity to do it themselves. This means we can help you safeguard your child’s financial future.




    • Meet The Team
    • Our medical negligence solicitors have decades of experience in cerebral palsy cases and are nationally renowned for their expertise. With offices up and down the country, we’re recognised by independent legal guides as one of the UK’s best medical negligence departments.

      For some people getting an apology and explanation for what’s happened is just as important as a compensation award. We campaign for systems to be put in place that ensure the same thing doesn’t happen to somebody else.

      View our experts

It’s not an easy situation to deal with, but there is assistance out there which has a massive positive impact on not just Mac’s life but ours too – and we wanted to share that with others."

Valerie, client's mum
Life with Mac quote image

Frequently Asked Questions

What Constitutes Cerebral Palsy Negligence?

In most cases, cerebral palsy happens before birth due to abnormal brain development. However, around 10% of children with cerebral palsy develop the disorder as a result of damage to their brain during or after birth. If you think that this happened to you, we could help you claim compensation.

Our specialist birth injury solicitors will investigate what happened during birth and, if we find evidence of incompetent care, we’ll seek answers from the organisation responsible for your treatment.

Some examples of medical negligence include a failure to:

  • Act on signs of foetal distress
  • Deliver the baby by caesarean
  • Deliver the baby early enough
  • Monitor the baby’s heartbeat correctly
  • Respond properly to the umbilical cord being wrapped around the baby’s neck

After the baby has been born, it’s vital that they’re monitored for conditions and infections that might lead to cerebral palsy. We’ve helped families who suffered after doctors failed to diagnose or monitor:

  • Meningitis
  • Hypoglycaemia
  • Jaundice (kernicterus)
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How Much Cerebral Palsy Compensation Will I Receive?

Cerebral palsy compensation packages need to take the individual’s lifetime needs into account, which means claims often settle for millions of pounds.

Many of our clients receive a large initial lump sum that could be put towards a more suitable house, then periodical payments paid annually for the rest of their life. The annual payments are calculated to cover the costs of care and any specialist equipment/treatment that might be needed.

We know that the true extent of a child’s cerebral palsy won’t always become clear until they’re older, and we’ll make sure that this is taken into account by the compensation. We also recognise that in some cases cerebral palsy worsens over time – your compensation package will allow for this possibility.

You’ll receive expert advice about protecting your funds from our Court of Protection team, the largest in the country. Similarly, our IM Asset Management department offers specialist guidance on making the most of your compensation for the future.

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What Are The Time Limits For Making A Cerebral Palsy Claim?

  • If you are making a claim on behalf of your child, you can start a claim at any point before they turn 18.
  • If your child is over 18, the time limit for making a cerebral palsy claim will depend on the level of mental capacity they have.
  • In cases where people lack the mental capacity to make a claim themselves, there is no time limit to make a claim.
  • In cases where you have cerebral palsy and the mental capacity to make a claim yourself, and you are over 18, you have until you are 21 to make a claim.

When making a cerebral palsy claim, it’s important to contact us as soon as possible. Making a claim sooner rather than later can mean that we could help you access early compensation payments to meet your immediate needs. Please call us on 0800 121 6567 or contact us online to arrange a free initial consultation with one of our lawyers.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"The lawyers are heavyweight individuals in a big firm, but they never compromise on client care. They handle cases with striking compassion and insight."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven occasions.
"'One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Proudly supporting vital charity work.

We’re proud of our links with organisations like disability charity Scope and children’s charity Brainwave.

To mark World Cerebral Palsy Day 2015, we teamed up with Brainwave to create Living With Cerebral Palsy, a project to showcase the inspiring stories of families who have been affected by the condition.


Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

© 2017 Irwin Mitchell LLP is Authorised & Regulated by the Solicitors Regulation Authority. Our Regulatory Information.