Cerebral Palsy Claims​

If it can be proven that the cerebral palsy was caused by the failure to meet the standard duty of care.

If there is a failure to deliver the child when there are indicators of stress.
If there was a delay during labour meaning that the child is deprived of oxygen, causing the brain to be starved of it, leading to permanent brain damage.
CP can also be caused by mistakes post delivery, such as infection, jaundice or meningitis.

An adult from the age of 18 has three years to make a claim unless they have been assessed as never having had legal capacity. However, if your child is under 18, there is no time limit. If your child is over 21, it could still be possible to extend limitation if they are determined to not have legal capacity i.e they cannot make decisions for themselves.

Firstly, the claim is valued as a lump sum to compensate for the significant injury having occurred. Secondly, a sum to then reimburse all expenses and losses that will have been accrued from the injury to the case conclusion. This will vary but on the whole, it is a significant sum owing to the cost of care needing to be provided. Finally, a sum is presented that will cover all future losses and expenses for the rest of your child’s life i.e any accommodation adjustments, ongoing therapy and physiotherapy or car alterations they might need. This part of your claim can amount to an immense figure and aims to cover your child’s needs for the rest of their life. 

The claim is the child’s claim, so the client will be the child, however a parent or guardian will take the role of ‘litigation friend’ who’s role it is to instruct the solicitor on behalf of their child. As long as the litigation friend is acting in the best interest of the child, we can take instruction from them. 

It is common for teenagers or young adults who have cerebral palsy to make the decision to investigate whether negligence was the cause of their cerebral palsy and therefore if they have a case. In some instances, at the time, their parents were unaware of the rights available to them or chose not to make a claim. Over time, families and parents heal and cope but as the child transitions from child to teenager, teenager to adult, they may find themselves struggling. It could be the case that you have severe physical disability but are very capable mentally of making your own choices and decisions. These teenagers and/or adults instruct us directly, most often with the support of their parents and sometimes whilst they are students.

There is no deadline for an injured claimant who is mentally incapable of pursuing their own case. For mentally competent claimants who were injured in childhood, the time limit for starting a claim is generally till the age of 21. In rare cases, the court may waive the deadline, so it is always best to speak to one of our solicitors here at Freeman Harris, and to do so as early as possible. Medical records are vital in determining whether or not medical negligence was the cause of CP as well as other medical documentation that can be sought after.