If your child has Cerebral Palsy because of a mistake during, or just after their birth by a midwife or doctor, this will have a huge impact on your life and on theirs. Your child will have complicated needs throughout their lifetime.
Our specialist Cerebral Palsy Solicitors understand these needs and can help you get the compensation your child deserves.
We can offer legal aid in Cerebral Palsy cases, so your legal representation and all investigations into your case will be covered if you meet the criteria. Even if you can’t apply for legal aid, we can probably offer you a No Win, No Fee agreement – this means you’ll pay an agreed percentage if your case is successful and nothing if it isn’t.
Our specialist Cerebral Palsy Solicitors have helped families like yours to access lifetime support for their child and we can help you too. This will include payment for specialist equipment, physiotherapy, speech and language therapy, adaptations to your home, or sometimes finding a more suitable home for you and your family, and anything else they’ll need to live their best life.
Get in touch for a free claims assessment, with no obligation, to talk through your next steps.
Meet some of our Medical Negligence Solicitors
Medical Negligence and Cerebral Palsy
Cerebral Palsy is not always caused by negligent treatment, but sometimes the actions of a doctor or midwife around the time of a child’s birth can cause damage to the brain, causing Cerebral Palsy.
If you think the doctor or midwife was negligent, we’ll talk through what happened during the birth of your child and if we think you have a reasonable case, we’ll take on your child’s claim and investigate by getting their medical records and asking an independent medical specialist to review the care you both received.
Examples of medical negligence which could cause Cerebral Palsy
- Failing to identify Intra uterine growth retardation, which is when the baby doesn’t grow as expected
- Not recognising or acting on evidence of premature labour
- Not managing or identifying vaginal bleeding
- Failing to identify and properly treat maternal infection
- Not recognising or acting on evidence of waters breaking early, known as Premature Rupture of Membranes
- Not properly interpreting antenatal scans
- Missing fetal abnormality
- Failing to identify and act on evidence of low levels of amniotic fluid, known as oligohydramnios, or too much amniotic fluid, known as polyhydramnios
- Not identifying and managing Large For Dates babies
- Failing to identify and act on cephalopelvic disproportion. This is where the baby’s head is too large or the woman’s pelvis is too small
- Failing to recognise and act on an abnormal CTG trace
If your child has Cerebral Palsy because of substandard care, we could help you make a claim for compensation.
Why Make A Cerebral Palsy Compensation Claim?
Once your child is diagnosed with Cerebral Palsy, they will need support throughout their lifetime. A compensation package will help give them all they need to let them flourish and work towards their own personal life goals.
You may need to move home to something more suitable to your child’s physical needs, and then there’s the physiotherapy, speech and language therapies, along with all their care needs, aides and respite care.
Because you’re claiming for a child, their condition will alter and change as they grow up and so will their needs and as a result, all settlements will take these factors into account.
Usually, there will be a lump sum of compensation first, which can help with upfront costs like new housing and equipment and then yearly payments, known as periodical payments, to help with their ongoing needs for the rest of their life.
By making a compensation claim, you can make sure your child’s needs are met throughout their lifetime. Because of the timescales involved, compensation payments for children with Cerebral Palsy are often multi-million pound settlements.
Children and Families We’ve Helped
£3.8 Million Compensation Awarded in Childbirth Cerebral Palsy Case
A baby boy who suffered life changing injuries because of medical negligence during his birth, was awarded 3 lump sum payments, along with annual payments to help with his care, accommodation, physiotherapy, speech and language therapy, specialist educational needs and assistive technologies and aides. These payments will increase as he gets older to reflect his additional needs.Read here
Medical Negligence in Childbirth Leads to Cerebral Palsy
We helped a baby boy who developed Cerebral Palsy after his brain was starved of oxygen during his birth. He was the second twin born 34 minutes after his sibling. Despite an abnormal heart rate, the obstetric team did not perform an emergency caesarean and continued with a vaginal delivery. The NHS Trust did not accept they were negligent and offer to settle for £500,000. The boy finally received more than £3.5 million to help him achieve his potential through his life.Read here
Why Choose Simpson Millar?
- Our specialist team of Medical Negligence Solicitors have helped many people affected by Cerebral Palsy and other birth injuries.
- We know how important it is to make the claims process as easy for you and your family as possible. Once we have secured a settlement or interim payment, we’ll make sure you have a Case Manager who will liaise with you and manage all appointments with any treatment providers such as physios, manage any adaptations to your home, assistive technology or equipment your child needs such as wheelchairs or crutches.
- We’ll be open and transparent with you about the claims process and always speak to you in straightforward language.
- We have some of the leading Medical Negligence Solicitors, who have many years’ experience in helping families make a claim because of Cerebral Palsy.
- We work closely with Stick N Step, a charity who some of our clients get support from. Their work is vital, not only with the child, but with the whole family.
- Simpson Millar can offer you and your family more help and support outside of your Medical Negligence claim, with our other specialist legal teams.
Our Major Trauma Team
If you or a loved one has suffered a life-changing injury, we can help you get the right support and advice. With Simpson Millar, you’ll have a whole team on your side. We have some of the best personal injury solicitors in England and Wales and other specialist legal teams to meet all your needs. This should reassure you that you’ve come to the right place.
You’re probably facing many day-to-day challenges after your injury, so we want to make dealing with any legal issues as seamless and stress-free as possible. Then you can focus on your recovery and living a fulfilling, independent life.
Our dedicated team have the experience and knowledge to guide you through every step. We know choosing someone to help you can be an difficult decision, but hopefully we can prove that you’ve made the best choice.
Help From Our Other Legal Teams
Having a child with Cerebral Palsy can bring up a number of legal issues throughout their lifetime and we can help you with all of these. We have specialist teams to help make these legal issues much easier for you and we can ask that any costs are paid for in your medical negligence settlement.
- Court of Protection and PI Trusts
Our experienced Court of Protection and PI Trusts team can guide you to make the right choices about managing the funds in future. Settlements are often very high value and making the right choices makes sure that your child’s entitlement to means-tested care and benefits is preserved for the future, maximising the value of their award. A child under 18 will need to have a professional Trustee, and we can provide this service. If they will lack the capacity to manage their own affairs then we can advise on the appointment of a Deputy.
- Education Law
Depending on the severity of your child’s needs, they may need an Education, Health and Care Plan, known as an EHCP, but the local authority usually won’t put this into place until just before your child starts school. It outlines the Local Authority’s responsibilities to your child or young person for their education and care. It also outlines any health provision your child should receive.
Our expert Education Law team has helped many families to push their Local Authority to give their child the right provision for them and access all statutory services. They can appeal decisions by a Local Authority not to assess for an EHCP, not to issue an EHCP or even against the contents of an EHCP including asking for residential placements. If provision is set out in an EHCP, it must be put in place. If it is not, our team can advise on judicial review which may be a legal way of enforcing the EHCP.
Having an up to date Will is so important. Your Will can make sure that your child is looked after if something happens to you. Make sure you plan ahead and make a Will as soon as possible.
- Case Management Teams
We work closely with all our external Case Management teams. It’s so important that you can work well with them so we’ll pick them carefully. We’ll keep in touch regularly and review your file so we’re clear on what’s happening with your child and the rest of the family.
NHS Early Notification Scheme
You may have been referred to the NHS Early Notification Scheme (ENS) – this NHS scheme investigates brain injuries to children at birth. It was developed to try to speed up the investigations into what caused your child’s injury so you have the answers you need.
You can still get independent legal advice if you’ve been referred to the ENS so you are clear about what will happen through the process.
Is There a Time Limit on Claiming Medical Negligence Compensation?
You can claim on a child’s behalf until they reach the age of 18. After their 18th birthday, they have three years in which to make a claim, unless they lack the mental capacity to make decisions for themselves.
What is the Medical Negligence Claim Process?
Free claims assessment
Call us on 0808 239 6043 or ask us to call you back.
If we think it’s important for your legal case to make a formal complaint, we can talk you through the procedure and review the outcome of your complaint.
If we take on your case, we’ll arrange for a medical expert to review the care you received and tell us if they think it was negligent. Because your child’s condition and needs will change as they grow, we’ll continue to get reports on their needs so the final settlement will cover everything it needs to and make sure you get interim payments as you need them.
Negotiate a Settlement
Settlement in claims for children is more complicated and takes longer as we never want to settle a claim before we know the full impact of your child’s condition. Any settlements in child cases need to be approved by the Court.
For free legal advice call our Medical Negligence Solicitors
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.