Understanding cerebral palsy claims: What you need to know
By David Thomas
Cerebral palsy (CP) is a condition that affects movement, muscle tone, and coordination. It can range from mild to severe and often requires ongoing care and support throughout a person’s life. When cerebral palsy results from medical negligence during pregnancy, birth, or shortly after delivery, families may be able to bring a legal claim.
This guide explains the causes of cerebral palsy, the legal grounds for making a claim, and how compensation can help you and your child.
What causes cerebral palsy?
occurs due to damage or abnormal development in the brain, usually before, during, or shortly after birth. Some common causes linked to medical negligence include:
- Lack of oxygen to the baby’s brain during labour (hypoxia or asphyxia)
- Birth trauma or injury caused by mishandling during delivery
- Failure to detect or treat infections in the mother or baby
- Premature birth with inadequate neonatal care
- Delays in performing a necessary caesarean section
Not all cases of are caused by negligence — some happen despite appropriate care. Establishing that medical mistakes caused or worsened the injury is key to a successful claim.
Legal grounds for a cerebral palsy claim
To bring a claim, you must prove:
- The healthcare professionals involved owed you a duty of care (this is usually straightforward)
- There was a breach of that duty, meaning care fell below the accepted standard
- The breach directly caused the brain injury leading to cerebral palsy
- The injury resulted in measurable harm, such as physical disabilities or developmental delays
Your solicitor will work with medical experts who review your and your child’s medical records to establish whether negligence occurred.
What compensation can I claim?
Successful claims often result in significant compensation. This money is intended to cover:
- Ongoing care and support needs, including professional carers or family assistance
- Therapy and rehabilitation such as physiotherapy, occupational therapy, and speech therapy
- Medical equipment and adaptations for your home or vehicle
- Loss of earnings if a parent has had to stop work to provide care
- Pain, suffering, and the impact on quality of life
Compensation is calculated based on your child’s individual needs, both now and in the future.
Why choose a specialist solicitor?
claims are among the most complex medical negligence cases. They involve detailed medical evidence and long-term planning for lifelong care.
At Switalskis, our specialist birth injury solicitors have extensive experience handling claims. We understand how important it is to get the right support and compensation to secure your child’s future.
If you believe your child’s was caused by medical negligence, contact us for a free, confidential consultation. We’ll listen, answer your questions, and explain your options clearly.
David has worked in the legal sector for over 30 years. He is a Director in our Medical Negligence team and heads up our London office.
