What is Cerebral Palsy?
Cerebral palsy is a disorder that affects an individual’s 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 – Impaired blood flow to the baby’s 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 – 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.
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 baby’s 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.
How to Make a Cerebral Palsy Claim Claim – Step by Step
Step 1 – Free Consultation
Contact Howells Solicitors on 0114 2496 611 or complete our online form. During your free consultation, we’ll ask for some basic details about what happened and how you were affected.
Step 2 – Initial Assessment
Our specialist medical negligence solicitors will review your case and let you know if further investigation is needed. We’ll explain your funding options, including No Win, No Fee agreements.
Step 3 – Case Investigation
If your claim proceeds, we’ll collect and review your medical records. Our expert solicitors will work with independent medical professionals to identify errors in your treatment and the impact on your health.
Step 4 – Letter of Claim
Once evidence is gathered, we will formally start legal proceedings by sending a Letter of Claim to the Defendant (hospital, GP, or healthcare provider).
Step 5 – Interim Payments
Where possible, we will secure interim compensation payments to help cover immediate care, rehabilitation, or financial needs while your case continues.
Step 6 – Settlement or Court
We aim to resolve claims through negotiation or mediation, helping you achieve a faster and less stressful outcome. If necessary, we’ll represent you in court to secure the compensation you deserve.
No Win No Fee Cerebral Palsy Claim
We believe everyone deserves access to justice. That’s 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 won’t 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 can’t 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 don’t 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 defendant’s costs. Client’s 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, we’ll 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 isn’t always easy. That’s 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.
Free Medical Negligence Initial Appointment – Step by Step
Step 1 – Book Your Free Consultation
Contact our medical negligence team by completing our online form or by calling 0114 2496 611. We’ll arrange a free appointment at a time that suits you, including during lunch breaks or after work.
Step 2 – Share Your Story
During your initial telephone appointment, our friendly solicitors will listen to your concerns with care and compassion. We’ll ask for some basic details about what happened and how you’ve been affected.
Step 3 – Get an Initial Assessment
We’ll let you know quickly whether we can help with your medical negligence claim. Our team handles all types of cases, whether large or small.
Step 4 – Understand the Process
Your solicitor will explain the medical negligence claims process in simple terms, guiding you step by step at your own pace.
Step 5 – Case Investigation
If we believe your claim requires further investigation, we’ll open a case and discuss your next steps, including funding options and legal costs.
Step 6 – Ongoing Support
From your first appointment onwards, our medical negligence solicitors will provide expert advice, compassionate support, and clear guidance to help you secure the compensation and rehabilitation you deserve.
Cerebral Palsy Claims Frequently Asked Questions
How long does a cerebral palsy claim take?
The length of a cerebral palsy claim varies considerably and is quite often affected by external factors, such as waiting for medical records to be provided and for experts to complete their reports. It can also depend on how complex the case is, the issues that need to be investigated, and the extent of the evidence that needs to be gathered. In all appropriate cases, we will apply for interim payments.
The duration of a medical negligence claim is largely influenced by the defendant’s actions. Most claims are resolved before reaching court; however, if the defendant disputes liability, the process could be significantly prolonged and it may be necessary to issue Court proceedings.
Even when liability is admitted, rushing into a settlement is not advisable. The full impact of injuries might only become clear after several years. Therefore, it is crucial that your medical negligence solicitor keeps you informed about the case progresses and advises on whether additional time is necessary before your claim can be accurately valued and settled.
How long do I have to make a cerebral palsy claim?
There are strict time limits for medical negligence claims in the UK. All claims involving medical negligence are subject to a three-year time limit. This time limit starts from the date of negligence or from the date you knew your injury was linked to the poor care. Three years is not a long time, so if you have been subject to medical negligence, you should contact a medical negligence solicitor as soon as possible.
In respect of a claim that is made on behalf of a child under the age of 18, the 3 year period does not start to run until the 18th birthday so that the 3 year limitation period runs out on the 21st birthday.
If a person is not capable of managing their own property and affairs often due to a mental disability, the limitation period can be affected in a number of ways.
Where the person does not and has never had mental capacity to bring their own claim since the injuries were suffered, then the limitation period does not begin to run until that person regains capacity. A person may never regain capacity in which case the claim would be brought by a Litigation Friend on their behalf – see below for details.
If the person who has a potential claim for cerebral palsy had capacity at the time of the negligence or the date of knowledge but later loses capacity, the 3 year limitation period still applies in the case of adult Claimant’s, and begins from their 18th birthday in the case of a child.
If a Clinical Negligence claim for cerebral palsy is being considered you should contact our specialist team without delay as the law on limitation can be complex in some circumstances as there are strict time limits within which to bring a claim which is referred to as the ‘limitation period’. It may not be possible to bring claim outside the relevant limitation period.
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 ‘direct the proceedings’ on behalf of the other person if you’re their litigation friend. This means you will:
- make decisions in their best interests
- do everything you can to tell them what’s happening in the case and find out their wishes and feelings.
- talk to their solicitor about what’s happening, get advice from them and give instructions to them in the other person’s 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.
Will I have to go to court?
Most of our medical negligence cases either settle before court or are discontinued. Your medical negligence solicitor would always prefer to settle the case before a court hearing so that you don’t have to give evidence as a witness at a trial. Our medical negligence team have a reputation for proactively promoting dispute resolution options with claims, ensuring they do not reach a court room wherever possible. This helps keep costs low and can speed up the claims process. It also reduces stress on the family involved. If your case does go to court, our solicitors will be with you every step of the way.
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