What is Cerebral Palsy?
Cerebral palsy is a disorder that affects an individualâs brain (cerebral) and the way they can use their muscles (palsy).
There are four main types of cerebral palsy:
Spastic cerebral palsy: People with this type of cerebral palsy have increased muscle tone, making their muscles stiff and tight which means it is difficult for them to move.
Dyskinetic cerebral palsy: The muscle tone of people with this type of cerebral palsy can change from too tight to too loose quite rapidly. This causes uncontrolled body movements or spasms.
Ataxic cerebral palsy: People with this type of cerebral palsy struggle with balance and co-ordination, resulting in shaky or clumsy movements.
Mixed cerebral palsy: This is when a person has symptoms of more than one type of cerebral palsy. The most common combination is spastic-dyskinetic cerebral palsy.
What Causes Cerebral Palsy?
Cerebral palsy is caused by brain damage, which can result from various factors before, during, and after birth. Often, these causes can be linked to negligent actions or inactions such a delay by medical professionals involved in the antenatal, birth, or postnatal care of the baby.
Cerebral palsy negligence can include:
Instrumental Delivery – During childbirth forceps or ventouse are used to assist and incorrect usage can cause skull fractures or severe brain damage leading to cerebral palsy.
Stroke â Impaired blood flow to the babyâs brain can result in vascular insufficiency, commonly known as a stroke. Various factors can contribute to a stroke in a baby during pregnancy, including genetic predispositions and pre-existing conditions.
Strep B â Strep is a bacterium that occurs naturally and usually causes no harm but can be passed onto babies during labour and can cause sepsis and meningitis. Left untreated, this can lead to brain damage and can result in cerebral palsy.
You could be entitled to make a claim for compensation if negligence by a medical professional has resulted in cerebral palsy. If you think you have a claim and would like to speak to us, you can contact us or call us on 0114 2496 611 to discuss your story.
How the Free Assessment Works
Step 1 â Check If You May Have a Medical Negligence Claim.
Contact our medical negligence team by completing our online form or calling 0114 2496 611 . We will gather some initial information to understand your situation.
Step 2 â Share Your Information.
You provide a summary of what happened and any relevant paperwork you already have. This helps us understand the background to your concerns.
Step 3 â Initial Review.
A medical negligence specialist will review the information against medical negligence criteria.
Step 4 â Outcome Explained. We will let you know whether:
- We may be able to help and take the matter further, or
- We are unable to assist and should signpost you elsewhere If the case is suitable, we will explain the process, timescales, and funding options before any appointment or further work is arranged.
Can I Make a Cerebral Palsy Compensation claim?
Cerebral palsy compensation can provide essential financial support for caring for your child. For the case to  succeed, we need to show that medical staff failed in their duty of care to provide an appropriate standard of treatment.
Whilst there are many cases that where children have cerebral palsy that is not due to medical negligence, there are instances where clinical errors by professionals can lead to cerebral palsy which could have been avoided particularly during the later stages of pregnancy, birth and within the first weeks of life.
In some cases, a diagnosis of cerebral palsy may be made many years after the birth which may have been caused by the care provided at the time of the birth. Cerebral palsy may also be caused by a failure to diagnosis and treat other health conditions in a timely manner such as meningitis or a brain abscess.
These clinical errors include:
- Failure to monitor the babyâs heartbeat.
- Failure to monitor the babys growth during pregnancy.
- Incorrect use of instruments during delivery.
- Failure to carry out a caesarean section.
- Delivering the baby too late.
- Delayed diagnosis and treatment of meningitis, brain abscess and other conditions
If your child has cerebral palsy due to inadequate medical care, you may be eligible to make a compensation claim. If our expert cerebral palsy solicitors believe there are concerns about the treatment you or your baby received, we will investigate your cerebral palsy claim.
This treatment could have occurred either during your labour or in the neonatal period. We’ll use independent medical experts to investigate the standard of care you received.
No Win No Fee Cerebral Palsy Claim
We believe everyone deserves access to justice. Thatâs why we offer no win, no fee (CFA) agreements, allowing you to pursue a claim without worrying about upfront costs*.
- No Upfront Fees: If your claim is unsuccessful, you wonât pay our legal fees*.
- Free Consultation: We assess your case and give honest advice before you proceed.
- Clear Advice: We explain the risks, process, and funding options in plain English.
- Expert Representation: Our dedicated medical negligence solicitors fight to secure the best possible outcome for you.
While compensation canât undo medical negligence, our goal is to help you regain independence and secure the financial support you need for the future.
Want to find out more on our no win, no fee medical negligence agreements? Find out more information, including a full list of terms and conditions on our No Win No Fee Medical Negligence page.
*There are circumstances where you would be asked to pay any outstanding costs even if you donât win your case.
You may need to pay for services from Howells Solicitors in certain situations. These include being dishonest, not giving your solicitor instructions, or rejecting an offer against their advice. Other examples are the death of the claimant, cancelling your claim, and moving without telling your solicitor.
In these cases, you might also have to cover the defendantâs costs. Clientâs may be asked to pay disbursements up front or must stand to the cost of a medical report if a second opinion is obtained. In some instances, you may need to pay for medical reports or other third-party payments upfront. We would discuss this with you before making any decision.
Legal Aid for Cerebral Palsy
Howells Solicitors are one of the few firms holding a Legal Aid franchise for cerebral palsy, and they ensure access to justice for all. In certain circumstances may be able to apply for Legal Aid Funding.
As soon as you contact us, weâll be able to discuss your funding options and answer any questions you may have to alleviate any worries or stress you might be feeling.
Flexible Appointments
We understand that dealing with medical negligence matters can be stressful, and finding time to attend in-person appointments isnât always easy. Thatâs why we offer our full range of medical negligence services remotely, offering a more efficient and convenient service. We can offer our medical negligence legal support via telephone or secure remote online meetings.
This approach allows you to access expert legal advice from the comfort of your home, without the need to travel or rearrange your schedule. If your case requires a court hearing, many procedural matters are now handled remotely too, ensuring your legal journey is as smooth and accessible as possible.
Our remote services are designed to be just as personal and confidential as in-person consultations, with clear communication and full transparency every step of the way. Remote appointments are offered throughout the case, and most correspondence can be handled by email and Howells secure Client Portal.
Whether you’re dealing with sensitive medical negligence/personal injury matters or simply seeking guidance, we ensure a smooth, stress-free experience that puts your needs first. Whilst we appreciate that remote services offer convenience, they may not be suitable for everyone. If you do wish to meet us face to face, you can book an appointment at one of our offices in Sheffield, Barnsley or Rotherham.
Our Cerebral Palsy Solicitors
Our cerebral palsy team cover the entirety of England, and have physical offices in:
– Sheffield
– Barnsley
– Rotherham
You can arrange appointments face to face, or we also offer telephone or video call options. If you can not make it to our office, we could arrange for a member of the team to visit you at home, if this is necessary depending on your personal circumstances.
Litigation Friend
If a person who wants to bring a claim for cerebral palsy is under the age of 18, or lacks mental capacity to deal with the claim, a litigation friend can be appointed to bring the claim on their behalf.
A litigation friend must âdirect the proceedingsâ on behalf of the other person if youâre their litigation friend. This means you will:
- make decisions in their best interests
- do everything you can to tell them whatâs happening in the case and find out their wishes and feelings.
- talk to their solicitor about whatâs happening, get advice from them and give instructions to them in the other personâs best interests.
- pay any costs ordered by the court.
Further information regarding the role and duties of a litigation friend can be accessing via the following link www.gov.uk/litigation-friend/suitability.