Understanding Cerebral Palsy Claims: A Guide for Families

Cerebral palsy is a life-changing diagnosis – for the child affected and for their family. It’s natural to feel overwhelmed, to have questions about what this means for the future, and to wonder whether more could have been done to prevent it. In some cases, cerebral palsy may be linked to avoidable mistakes during pregnancy, labour, or shortly after birth. When this happens, it may be possible to bring a clinical negligence claim.

At GoodLaw Solicitors, we work closely with families affected by birth injuries, providing compassionate legal guidance and helping them secure the support their child needs. Maxine Murray, Partner and Head of our Brain Injury team, leads our work in this area with dedication and empathy. 

This guide offers a gentle introduction to cerebral palsy, how it can sometimes result from clinical negligence, and what the legal process involves.

What Is Cerebral Palsy?

Cerebral palsy is a condition that affects how a person moves, controls muscles, and maintains posture or balance. It’s caused by an injury to the developing brain – often before, during, or shortly after birth.

Because the brain injury is permanent, cerebral palsy is a lifelong condition. However, it affects each child differently. Some children may experience mild motor issues, while others may have more complex needs, including problems with movement, coordination, muscle tone, communication, learning, and even vision or hearing.

There are several types of cerebral palsy, including spastic, athetoid, and ataxic, depending on which part of the brain is affected. Children may also experience seizures, feeding difficulties, and delays in reaching developmental milestones.

Many children with cerebral palsy benefit from ongoing physiotherapy, speech and language therapy, occupational therapy, and access to specialist equipment such as wheelchairs, standing frames, or communication aids. Some may require additional educational support or adapted learning environments.

In more severe cases, families may need to make home adaptations or arrange long-term care and assistance with daily living. Early intervention and the right support can make a meaningful difference to a child’s development and overall quality of life.

How Can Cerebral Palsy Be Caused by Clinical Negligence?

While cerebral palsy can occur naturally, sometimes it arises due to mistakes made by healthcare professionals during pregnancy, labour, or shortly after birth. These errors can cause serious harm to a baby’s brain if oxygen supply is restricted for too long—a condition known as hypoxic-ischaemic encephalopathy (HIE), which may lead to cerebral palsy.

Negligence may occur in various ways. For instance:

• Failure to monitor fetal distress: During labour, a baby’s heart rate and oxygen levels must be closely monitored. If signs of distress are missed or not acted on promptly, this can result in permanent brain damage.
• Delays in performing an emergency caesarean: If a caesarean is clearly needed due to complications, any delay can be dangerous for both the baby and the mother.
• Mismanagement of maternal health conditions: Conditions such as pre-eclampsia, gestational diabetes, or infections like Group B Strep must be identified and treated quickly to prevent harm.
• Poor resuscitation or neonatal care: If a baby does not breathe properly at birth and resuscitation is not handled correctly, this can deprive the brain of oxygen at a critical moment.

In cases where these failures fall below acceptable medical standards and lead to avoidable injury, it may be possible to bring a legal claim for compensation.

What Is a Cerebral Palsy Claim?

A cerebral palsy claim is a type of clinical negligence claim made when a child’s condition has been caused by substandard medical care. These claims are not about placing blame for the sake of it – they are about seeking answers, accountability, and crucial financial support to meet a child’s lifelong needs.

Bringing a claim can help secure compensation to fund therapies, specialist equipment, adapted housing, care packages, mobility aids, educational support, and much more. These resources are not luxuries – they are essential to giving your child the best possible quality of life, helping them reach their potential, and allowing your family to focus on care rather than financial worry.

A successful claim can also ensure long-term financial stability as your child grows into adulthood, covering future care and living costs. For many families, it is also a way to get closure and reassurance that lessons will be learned for the future.

What Does the Legal Process Involve?

At GoodLaw, we understand that the idea of taking legal action can feel daunting, especially when your energy is focused on caring for your child. That’s why we aim to make the process as supportive and straightforward as possible, from the point of enquiry to achieving the result you deserve.

It starts with a conversation. We’ll listen to your concerns and look at what happened during the birth or shortly afterwards. If we believe your case has potential, we’ll will:

• Request your child’s medical records.
• Gather evidence, including expert opinions from independent doctors.

If the evidence supports a claim, we’ll put this to the hospital trust. In some cases, they may admit responsibility early on. When this happens, it can be possible to secure interim compensation – early payments to help with immediate needs, such as accommodation, mobility aids, or therapies.

Our Partner and specialist solicitor Maxine Murray, for instance, has helped families obtain interim payments of up to £1 million in certain cases, ensuring that essential care, therapies, and accommodation can be put in place while the legal case progresses.

The final settlement takes into account the full extent of your child’s needs throughout their life. This might include care costs, equipment, therapies, and loss of earnings. The goal is to provide financial security and peace of mind for the future.

Why It’s Important to Seek Early Legal Advice

You don’t need to wait until your child is older to speak to a solicitor. In fact, getting legal advice early on can make a big difference. Medical records can be requested soon after the birth, and an experienced solicitor can begin reviewing the care you and your baby received.

In some cases, early investigations can lead to interim payments – these are funds provided before the case is fully resolved and can help cover urgent needs like therapies, mobility aids, or home adaptations.

Starting the process early also gives you time to understand your rights and options without pressure. We know this isn’t an easy journey. We’re here to guide you through it gently and at your pace. You’ll never be rushed into decisions, and we’ll always explain everything in plain, straightforward language.

You’re in control of what happens next, and we’ll be with you every step of the way to offer expert advice, emotional support, and practical solutions. Whether you’re ready to take the first step or simply have questions, we’re here to listen and help.

Find out further information in our clinical negligence FAQs.

GoodLaw Solicitors: A Team That Truly Understands

At GoodLaw, we specialise in cerebral palsy and birth injury claims. We’ve supported many families through these complex and emotional cases, and we understand the impact they have – not just on the child but on the entire family. Our legal team will work closely with medical experts, case managers, and care planners to make sure your child’s needs are met, both now and in the future.

Maxine Murray has over a decade of experience in clinical negligence and is highly regarded for her work with children who have sustained serious and life-altering injuries. Maxine has a calm and compassionate approach and is known for building strong, trusted relationships with the families she supports. She is supported by paralegals Niza Yon and Niamh McCarthy, who work closely with her to ensure every family receives dedicated and sensitive legal care.

We take pride in being approachable and compassionate. Your family’s wellbeing is at the heart of everything we do.

No Win, No Fee

We usually act on a “no win no fee” basis, meaning there’s no financial risk to you in bringing a claim. If your case is unsuccessful, you won’t have to pay any legal fees.

This allows you to focus on your child’s needs without worrying about the financial burden of legal costs. We’ll always explain the funding options available to you, including how any costs will be handled if your case is successful. Transparency is key, and we’ll ensure you understand everything upfront, so you can feel confident and informed throughout the process.

How to Get in Touch

If you’re worried that something went wrong during your child’s birth or in their early care, and you want to explore whether it could be linked to their cerebral palsy diagnosis, please don’t hesitate to contact us. Even if you’re unsure whether there are grounds for a claim, we’re here to listen and offer advice.