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If you suspect your child’s cerebral palsy was caused by medical negligence, contact us for a free initial consultation. We’ll advise whether you may be able to make a claim.

If we believe you have a case, we’ll contact those responsible for your child’s care at an early stage to seek an admission of liability. Where responsibility is admitted, we may be able to secure interim payments—advance payments that can help fund private treatment, care, and living costs before the case settles.

We aim to resolve claims without going to court wherever possible. However, if liability is denied or the compensation offered is not sufficient, we will raise court proceedings in the Scottish courts. Even then, many cases still settle before Proof (trial). We will always act on your instructions and support you at every stage.
 

Some cases of cerebral palsy are caused by medical negligence, but not all. It can also result from abnormal brain development in the womb, brain haemorrhage, or a lack of oxygen to the brain.

It’s also essential that newborn babies are properly monitored after birth. We have helped families where healthcare professionals failed to diagnose or treat conditions such as:

• Hypoglycaemia
• Meningitis
• Jaundice (kernicterus).
   

Compensation varies depending on each child’s individual circumstances, level of disability, and future needs. Awards in Scotland can be substantial, often reaching significant sums where lifelong care is required.

Compensation may take into account:

• Severity of the condition
• Pain and suffering
• Adaptations to your home
• Purchase or modification of suitable accommodation
• Therapy and rehabilitation needs
• Professional care costs
• Medical, equipment, and travel expenses
• Future loss of earnings.

In some cases, the full impact of cerebral palsy may not be clear until later in childhood. In these situations, a ‘sist’ (freeze) of proceedings may be used to pause the claim until a clearer prognosis is established. Interim payments may still be arranged during this period if liability is admitted.
 

In Scotland, personal injury claims are generally subject to a three-year limitation period.

• For children, the three-year period usually begins on their 16th birthday, meaning they have until age 19 to raise a claim
• A parent or guardian can raise a claim on their behalf at any time before then
• If the injured person lacks mental capacity, there is no time limit although we would still recommend investigating and raising as early as possible. 
   

Yes, in Scotland, no win no fee funding is possible, and this will typically also involve entering into a success fee agreement. With this arrangement:

• You won’t pay any legal fees
• Fees are only payable if your claim is successful and by the Defenders
• If your claim is unsuccessful or can’t proceed there is nothing for you to pay
• You will receive at least 80% of any settlement or award (often a significantly higher percentage in cases of this nature)
• We’ll explain clearly how funding works, including any insurance arrangements (which we will meet so that you do not have to), before proceeding.
   

Yes, cerebral palsy is a lifelong condition affecting movement, coordination, and posture. If you make a successful claim, we will ensure any compensation reflects your child’s lifetime care and support needs.

Yes, if negligent treatment occurred within NHS Scotland, you may be able to bring a claim against the relevant health board.

If you’re unsure about the cause of your child’s condition, get in touch for a free initial discussion. We can advise whether we believe there are grounds to investigate further.

If appropriate, we’ll obtain and review medical records and seek expert opinion on the likely cause of your child’s cerebral palsy.