Cerebral Palsy Solicitors

If your child has been affected by cerebral palsy due to possible medical negligence, speak to our specialist cerebral palsy solicitors today. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book your free initial consultation and find out if you can make a No Win No Fee claim.

Cerebral palsy can affect movement, posture, coordination, communication and day-to-day independence. For some children, the condition is mild. For others, it can lead to complex lifelong care, therapy, equipment and accommodation needs.

At Elite Law Solicitors, our specialist clinical negligence solicitors advise families on cerebral palsy claims involving birth injury, neonatal negligence and avoidable brain injury. We can help you understand whether negligent maternity or neonatal care may have contributed to your child’s condition and explain the options for pursuing a cerebral palsy compensation claim.

Specialist Cerebral Palsy Solicitors for Medical Negligence Claims

Cerebral palsy medical negligence claims are highly complex. They often require careful investigation of maternity records, neonatal records, CTG traces, scans, paediatric evidence and expert medical opinion.

Our cerebral palsy solicitors can support you through each stage of the claims process. We can help investigate what happened, obtain independent medical evidence, assess long-term care needs and pursue compensation to support your child’s future.

Where appropriate, compensation may help fund care, treatment, rehabilitation, specialist equipment, therapies, adapted accommodation and professional case management. We can also advise on matters such as the Court of Protection, independent financial advice and setting up a Personal Injury Trust.

What is Cerebral Palsy and when can it lead to a claim?

Cerebral palsy is the name given to a group of lifelong conditions that affect movement, posture and coordination. It is usually caused by damage to the developing brain before, during or shortly after birth.

Children with cerebral palsy may experience muscle stiffness, weakness, uncontrolled movements, delayed development, problems with balance, speech difficulties, swallowing problems or learning difficulties.

Not every case of cerebral palsy is caused by medical negligence. However, where avoidable mistakes during pregnancy, labour, delivery or neonatal care caused or materially contributed to brain injury, a cerebral palsy claim may be possible.

Types of Cerebral Palsy linked to birth injury

Cerebral palsy can present in different ways depending on the area of the brain affected and the severity of the injury. The main types include:

Spastic Cerebral Palsy

Spastic cerebral palsy is the most common type. It causes increased muscle tone, stiffness and difficulty with controlled movement. It may affect the legs, arms, one side of the body or the whole body.

Dyskinetic Cerebral Palsy

Dyskinetic cerebral palsy can cause involuntary movements and changes in muscle tone. Children may have difficulty sitting, walking, speaking, swallowing or controlling their hands, feet, arms and legs.

Ataxic Cerebral Palsy

Ataxic cerebral palsy affects balance and coordination. It can make walking, writing, reaching for objects and carrying out precise movements more difficult.

Mixed Cerebral Palsy

Mixed cerebral palsy means a child has symptoms of more than one type. For example, some children may have both spasticity and involuntary movements.

Signs and symptoms of Cerebral Palsy in babies and children

Symptoms of cerebral palsy may not always be obvious at birth. In many cases, parents begin to notice concerns as their child misses developmental milestones or shows unusual movement patterns.

Possible signs of cerebral palsy may include:

• Delays in rolling over, sitting, crawling or walking;
• Stiff or floppy muscle tone;
• Weakness in the arms, legs or hands;
• Uncontrolled, jerky or repetitive movements;
• Walking on tiptoes or with an unusual gait;
• Difficulty swallowing, feeding or speaking;
• Problems with balance and coordination;
• Learning difficulties or developmental delay.

The symptoms can vary significantly from child to child. Some children require limited support, while others need lifelong care, therapy, equipment and specialist education.

Cerebral Palsy caused by Medical Negligence

Medical negligence can cause or contribute to cerebral palsy where avoidable mistakes lead to brain injury before, during or shortly after birth. This may involve oxygen deprivation, poorly managed infection, untreated jaundice, neonatal hypoglycaemia or delayed emergency intervention.

Examples of cerebral palsy medical negligence may include:

• Failure to monitor the baby’s heartbeat properly before or during labour;
• Delay in recognising foetal distress;
• Delay or failure to carry out an emergency caesarean section;
• Poor management of infection, pre-eclampsia or maternal illness;
• Failure to treat jaundice, meningitis, hypoglycaemia or sepsis quickly enough;
• Delayed resuscitation or inadequate neonatal care after birth;
• Avoidable trauma during delivery.

Our solicitors also advise on related cerebral palsy medical negligence matters and wider medical negligence claims.

How to start a Cerebral Palsy Compensation Claim

If you suspect your child’s cerebral palsy was caused by negligent medical care, the first step is to speak to solicitors who specialise in cerebral palsy compensation claims.

Specialist cerebral palsy solicitors will usually begin by reviewing the background to your child’s birth and early medical care. If the claim appears to have reasonable prospects, the next steps may include:

• Obtaining medical records: including maternity, labour, delivery and neonatal records.
• Reviewing CTG traces and clinical notes: to assess whether warning signs were recognised and acted upon.
• Instructing independent medical experts: to advise on breach of duty, causation and the impact of the injury.
• Assessing long-term needs: including care, therapy, education, equipment, accommodation and future support.
• Sending a Letter of Claim: setting out the allegations of negligence and how the injury has affected your child.
• Negotiating settlement: where liability is admitted or evidence supports the claim.

Many cerebral palsy claims are resolved through negotiation. If court proceedings are required, your solicitor will guide you through the process and continue working to secure the best possible outcome.

Cerebral Palsy Compensation: What can you claim for?

The value of a cerebral palsy compensation claim depends on the severity of the condition, the level of disability and the support your child is likely to need throughout life.

Compensation may include the cost of:

• Specialist medical treatment and rehabilitation;
• Physiotherapy, occupational therapy and speech and language therapy;
• Professional care and case management;
• Adapted accommodation and home modifications;
• Wheelchairs, mobility aids and specialist equipment;
• Communication aids and assistive technology;
• Specialist education and support at school;
• Loss of future earnings and pension loss;
• Transport, adapted vehicles and travel costs.

In significant cerebral palsy claims, compensation can be substantial because it may need to fund lifelong care and support. Interim payments may also be available in some cases to meet urgent needs before the claim settles.

Cerebral Palsy Claim time limits for children and adults

Time limits for cerebral palsy claims depend on whether the claim is being made on behalf of a child or by an adult with capacity.

A parent or litigation friend can usually bring a cerebral palsy claim on behalf of a child at any time before the child turns 18. Once the child reaches 18, they may usually have until their 21st birthday to start a claim themselves.

Different rules may apply where the person with cerebral palsy lacks mental capacity to manage their own legal affairs. In those circumstances, the usual limitation period may not apply.

Because cerebral palsy claims require detailed investigation and expert evidence, it is sensible to seek legal advice as early as possible.

No Win No Fee Cerebral Palsy Claims

We may be able to act in cerebral palsy claims on a No Win No Fee basis, depending on the circumstances of the case. This is also known as a Conditional Fee Agreement.

Under this type of funding, you may not need to pay upfront legal fees to start your claim. If the claim is unsuccessful, you will usually not have to pay your solicitor’s fees, provided the terms of the agreement are met.

If the claim succeeds, a success fee may be deducted from the compensation. We will explain the funding options clearly before you decide whether to proceed.

How compensation can support a child with Cerebral Palsy

A successful cerebral palsy claim can help give your child access to care, treatment, therapy, specialist education and equipment that may not otherwise be available at the right level or at the right time.

Compensation can also provide long-term financial security. This may help parents plan for future care, adapted housing, case management, transport and the child’s needs as they move into adulthood.

Although no amount of compensation can change what happened, a properly valued claim can make a significant difference to a child’s quality of life and independence.

Can adults claim compensation for Cerebral Palsy?

Although many cerebral palsy claims are started by parents on behalf of a child, adults may also be able to bring a claim in some circumstances. This may apply where the person has capacity and believes their cerebral palsy was caused by negligent medical care before, during or shortly after birth.

Adult cerebral palsy claims can be more complex because historic medical records, witness evidence and expert opinion may be needed to investigate what happened many years earlier. However, it may still be worth seeking specialist legal advice, particularly if the person has only recently become aware that negligent care may have contributed to their condition.

Legal Aid for Cerebral Palsy Medical Negligence Claims

Legal Aid may be available for some cerebral palsy claims involving brain injury caused during pregnancy, birth or the early neonatal period. This can be an important funding option for families where a child has suffered a serious neurological injury and the claim requires detailed medical investigation.

Eligibility will depend on the circumstances of the case and the applicable Legal Aid rules. If Legal Aid is not available, other funding options, such as No Win No Fee funding, may still be considered. Please note that Elite Law Solicitors do not offer Legal Aid as a funding option.

Interim payments in Cerebral Palsy Claims

Cerebral palsy compensation claims can take time to resolve, especially where the full extent of a child’s future needs cannot yet be assessed. In some cases, interim payments may be requested before final settlement where liability has been admitted or the evidence strongly supports the claim.

Interim payments can help fund urgent needs while the claim is ongoing. This may include rehabilitation, specialist therapy, care, mobility aids, adapted accommodation, assistive technology or case management support.

Can you claim against the NHS for Cerebral Palsy Negligence?

Many cerebral palsy medical negligence claims are brought against NHS Trusts where negligent maternity or neonatal care caused avoidable brain injury. Claims may also arise from private healthcare providers or individual clinicians, depending on where the negligent treatment took place.

Bringing a claim against the NHS does not mean criticising every healthcare professional involved in the birth. The purpose of the claim is to investigate whether the care provided fell below an acceptable standard and whether this caused, or materially contributed to, the cerebral palsy.

General background information regarding claims against the NHS can be found at NHS Resolution, including the requirement for evidencing both breach of duty and causation. This means showing that the care provided fell below an acceptable professional standard and that this caused, or materially contributed to, avoidable harm.

Cerebral Palsy Claims FAQs

Do I need a confirmed diagnosis before contacting a cerebral palsy solicitor?

No. You can contact specialist cerebral palsy solicitors if there are concerns about a possible diagnosis or if your child is showing signs of developmental delay following a difficult pregnancy, birth or neonatal period. A solicitor can explain whether medical records should be reviewed and whether expert evidence may be needed.

What if the hospital says the cerebral palsy was unavoidable?

Hospitals may take the view that cerebral palsy was not caused by negligent care, but that does not always mean a claim cannot be investigated. Independent medical experts can review the records and advise whether different care may have avoided or reduced the risk of brain injury.

Will making a cerebral palsy claim affect my child’s NHS treatment?

Making a claim should not affect your child’s entitlement to NHS treatment. A cerebral palsy compensation claim is a separate legal process used to investigate negligent care and secure funding for additional support where appropriate.

Can relatives be paid for care they provide?

In some cerebral palsy compensation claims, the value of unpaid care provided by parents or relatives may be included. This can recognise the time spent providing additional support beyond ordinary parental care, although the evidence and valuation will depend on the individual facts.

Can a claim include the cost of moving house?

Yes, in serious cases compensation may include adapted accommodation or the cost of moving to a more suitable property. This may be relevant where a child needs wheelchair access, specialist bathing facilities, therapy space or accommodation for carers.

Can compensation affect benefits or means-tested support?

Compensation can affect entitlement to some means-tested benefits if it is not managed properly. Families may be advised to consider a Personal Injury Trust so that compensation is protected and managed appropriately.

What experts are usually involved in a cerebral palsy claim?

The experts needed will depend on the issues in the case. Reports may be required from obstetricians, midwives, neonatologists, paediatric neurologists, neuroradiologists, care experts, therapists, accommodation experts, educational specialists and financial experts.

Can a cerebral palsy claim settle before the full impact is known?

In serious cases, it is important not to settle too early unless the future needs are properly understood. Expert evidence may be required to assess how the child’s needs are likely to develop over time, including care, therapy, education, equipment and accommodation.

What is a periodical payment order?

A periodical payment order is a way of paying part of the compensation as regular annual payments rather than one lump sum. In high-value cerebral palsy claims, this can help provide long-term financial security for future care needs.

Can a cerebral palsy claim include education support?

Yes. Where a child needs specialist education, learning support, therapy within school or additional educational resources because of cerebral palsy, these needs may be considered as part of the compensation claim.

What happens if liability is admitted?

If liability is admitted, the claim will usually focus on valuing the compensation properly. This may involve further expert evidence on care, therapy, equipment, accommodation, education and future financial losses.

Can you investigate a cerebral palsy claim if records are missing?

Missing records can make a claim more difficult, but it may still be possible to investigate. A solicitor can consider what records are available, whether alternative evidence exists and whether expert opinion can still be obtained.

Speak to our specialist Cerebral Palsy Solicitors

At Elite Law Solicitors, our clinical negligence team provides clear, practical advice to families considering cerebral palsy claims. We understand that these cases require both legal expertise and careful consideration of complex medical evidence.

Dino Enahoro is an experienced Solicitor and Head of our Clinical Negligence Department. He advises clients on complex medical negligence claims involving serious injury, birth injury, neonatal negligence and avoidable brain injury.

Our experience in related areas such as brain injury claims, birth injury claims and wrongful birth claims means we can help families understand whether avoidable mistakes during pregnancy, labour, delivery or neonatal care may have contributed to a child’s cerebral palsy. This broader clinical negligence expertise allows us to investigate what happened, identify potential failings in care and guide clients through the process of pursuing a cerebral palsy compensation claim with clarity and compassion.

We offer in-person and remote consultations, including telephone and video meetings, so we can assist families wherever they are based.

Book your Initial Consultation

If you are considering making a cerebral palsy compensation claim, please contact us today. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.

A member of our clinical negligence team will be happy to discuss your circumstances in confidence and explain whether we may be able to assist with your cerebral palsy claim.