Cerebral Palsy and Birth Injury Claims

Our highly experienced medical negligence solicitors have the expertise to secure the best results in dealing with complex claims arising from cerebral palsy (CP), birth trauma and brain injuries.  Many of our lawyers have dealt with claims of this kind for decades.  We have a very well established reputation in the field and can recover substantial damages (compensation) for you on a “no win no fee” basis.  We are one of the small number of firms who can still offer Legal Aid for birth injury claims, although we also offer “no win no fee”.

Families often come to us when they believe there has been a failure in care before, during or after, the birth of their child.  Their child may or may not yet have been diagnosed with cerebral palsy or brain damage.  We understand the problems you face caring for your disabled child and the stress that is involved in taking legal action after such a devastating event. 

We also understand that the majority of families cannot afford good quality care, often 24 hour care, needed for their child to participate in all the activities of daily life as they grow older.  Our lawyers regularly obtain multi-million pound awards of compensation for our clients with cerebral palsy to ensure that they can receive the best care and therapies, education and equipment necessary to meet their complex needs for the remainder of their lives.

Cerebral Palsy Causes

Brain damage that results in a diagnosis of cerebral palsy can arise in a variety of different ways and very sadly medical mistakes around the time of birth or afterwards can be the cause.  

The main causes of cerebral palsy through medical negligence include:

  • A failure to check on the baby’s condition (by CTG) before or during labour resulting in delayed delivery causing deprivation of oxygen to the baby;
  • Delay in performing an instrumental delivery by forceps or ventouse or to perform the instrumental delivery safely
  • Delay in performing emergency caesarean section or errors in managing the caesarean section.
  • Placental problems that have gone un-noticed (placenta praevia or placental abruption)
  • Ruptured uterus during labour
  • Poorly managed induction of labour
  • A cord prolapse
  • Failure to diagnose or treat low blood sugar (hypoglycaemia)
  • Failure to diagnose or treat jaundice (hyperbilirubinemia and kernicterus)
  • Delay in diagnosis or treatment of serious medical conditions such as meningitis

 

How we work with you

Wherever possible we obtain early admissions of liability (fault) and immediately secure early compensation payments (interim payments) which can provide families with much needed and invaluable care and equipment, often long before the case itself has settled.

We will not encourage you to bring a claim unless we think it has merit.  Clients may be reluctant to take legal action against the hospital that managed their child’s birth through fear of the cost of doing so, or the fear that they will not be believed when they say that something went wrong.  We will listen to you and we can provide you with the advice you need to make an informed choice as to whether bringing a claim is the right thing for you and whether your case will stand reasonable prospects of success. 

When we investigate a cerebral palsy claim we will look carefully and in detail at the events around the time of the birth to see if there were any failures or mistakes in the care that the mother or baby received.  If we can establish there were failings in the care/treatment (supported by independent medical experts) and that the failures caused the cerebral palsy we will be able to help you claim compensation.

 

Can I transfer my case to Kingsley Napley?

We are sometimes contacted by families who have already been advised by another lawyer that they have no case.  We are happy to review cases like this and have been successful in re-investigating old or difficult cases. Similarly, we often take on cases for clients who have begun their claims elsewhere, and who have come to realise that they need the help of solicitors who really specialise in the work.

Learn more about changing your solicitor here.

 

About us

We are a committed team of professional lawyers who will provide you with a personal service from beginning to end.  We take very seriously the fact that you have chosen to place your trust in us.  We will listen to you, treat you with sensitivity and respect, and give you clear and straightforward advice, but will fight hard to achieve the best possible result for you.  Our Clients come from all over the country as there are often good reasons why you do not choose a firm of solicitors local to you.  We will visit you at home or in hospital as we believe that face to face contact with our clients is very important.

 

If you believe you may have a clinical negligence claim or require an expert cerebral palsy lawyer, please contact the lawyers by email at clinnegenquiries@kingsleynapley.co.uk or by calling +44 (0)20 7814 1200.

Case Studies - Cerebral Palsy & Birth Injury Claims

Case Studies - Cerebral Palsy & Birth Injury Claims

Cerebral Palsy claim settled in 2018 for in excess of £20m, made up of a lump sum payment and annual periodical payments

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Cerebral Palsy claim settled in 2018 for in the region of £28m, made up of a lump sum payment and annual periodical payments

READ

Cerebral Palsy affecting all 4 limbs settled for £27.4m

READ

Cerebral Palsy and Birth Injury Claims Insights

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Blogs

Settlement of Medical Negligence Claims

We should congratulate Daniel Holt

Speech and Language Therapy: New Vodcasts from CPotential

Mistake in every 5 births

CPotential’s Inaugural Gala Dinner: another great event

Failure to advise a potential carrier of a hereditary condition: what can be claimed when a disabled child is born as a result?

A short guide to the accommodation conundrum

Cerebral Palsy Medical Negligence Cases – Can we improve the system?

Medical Negligence: who are the best experts?

Is a mother giving birth a primary or secondary victim?

The All Mighty Brain- or is it?

Kingsley Napley Clinical Negligence team attends the RDA National Championships

All change! LCCCP becomes CPotential (and hosts a wonderful CPotential Constellation Event)

#IamSuperHuman – Fighting the stigma of “Disability”

Cerebral Palsy – what do we know about the causes?

Further developments in spinal injury research

Setting the Discount Rate and Achieving Fairness for Victims of Accidents

The importance of a roof over your head (is it time to revisit Roberts v Johnstone?)

Thousands of low income families with disabled children were paid too little in tax credits

Will a new scheme for Birth Injury Compensation work?

Kingsley Napley celebrates World Cerebral Palsy Day 2016

Kate Rohde speaks at an event for the London Centre for Children with Cerebral Palsy (LCCCP)

Bringing a Claim for Cerebral Palsy: The “Older” Claimant

Patient Safety: Do we have a culture of openness or secrecy when it comes to patient safety?

Child’s birth injury judgement highlights poor standards of medical record keeping

Better births? - A comment on the National Maternity Review

The ‘Weekend Effect’ – Babies born at weekend more likely to die

Can the NHS reduce stillbirths and avoidable cerebral palsy cases?

Cerebral Palsy - what are the triggers for investigating a clinical negligence claim?

The ‘Weekend Effect’ – How to avoid dying in hospital

Clinical Negligence - fix the costs and you load the die

Birth injury series - caesarean section

Birth injury series - Cerebral palsy and brain damage

Birth injury series - jaundice and kernicterus

Birth injuries series - Fetal distress

Birth injury series - Erb’s palsy or brachial plexus injuries

The duty to explain risks to patients: a new exposition on consent from the Supreme Court

Can I litigate without publicity? - Anonymity in personal injury and clinical negligence claims

Home birth v hospital birth – which is safer? The debate continues.

An inspirational evening with the London Centre for Children with Cerebral Palsy (LCCCP)

Labour wards not for “straightforward births’ says NICE

‘Systematic failings’ in acute paediatric care

How safe is childbirth on the NHS?

Negligence in Maternity Care: Ten Years of Claims

Clinical negligence claims: Punishing doctors’ mistakes or compensating patients’ loss?

Disability products - time for change?

London Centre for Children with Cerebral Palsy – fundraising success

Paralympics - a fortnight to remember

Medical Negligence – on the increase?

Hospital Negligence: Doctor - Tell me the Truth

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Let us take it from here.

+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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