Cerebral Palsy Claims

Potter Rees Dolan’s team of specialist solicitors are here to help if mistakes made by midwives or doctors led to your child developing cerebral palsy.

We know what you’re going through. We know that your world has been turned upside down and that it can be difficult to know where to turn. But we work with people just like you every single day, providing expert support, advice and care to make your life that little bit easier.

We strive to get you the compensation you deserve because we also see first-hand how big a difference it can make to a family’s quality of life. It can help you adapt your home for your child’s requirements, access 24/7 professional care, afford specialist equipment and much more, relieving the burden on you.

The highly reputable clinical negligence team includes Helen Dolan, Lesley Herbertson and Gill Edwards, who have more than 60 years of experience between them and who are all featured in the prestigious Legal 500 and Chambers guides. The team offers a highly personal service, strives to give their clients a voice when things have gone wrong and is dedicated to improving standards in healthcare.

Testimonials

“Helen Dolan was very efficient and courteous and, in many areas exceeded, our expectations. All members of staff were very approachable and helped to make a very difficult situation more bearable.”

Mrs H, Birmingham

“I am delighted with the level of support I have received. In particular, Lesley's explanation of the Part 36 process and achievement of early settlement through informed recommendations. This experience is just what you need when you are left vulnerable.”

Ms Turner, Manchester

“Friendly, understanding, clear and accommodating. Took the time to explain rationale for decisions and legal processes. Exactly the right balance of direction and recommendation. Very personable service, can't fault the service. From receptionists to solicitors to specialist help.”

Mrs B, Turton

“Just want to say thank you very much for all you have done Lesley. ‎ Not only have you done a very good job but your support to my wife and me has been outstanding and it's not all been about our son. I was very impressed with the way you pushed that little bit further. ‎I thought you were a great team.

We are very pleased with outcome and I like the way you took nothing for granted always looking at detail. Look forward to working with you on the stages ahead.”

Mr W, Cheshire

Read more testimonials from our clients here.

To speak to one of our team about your child’s injury, call us on 0800 027 2557 and you will be put through to one of our senior solicitors who will spend time going through everything with you. You can also arrange for us to get in touch with you by completing the online contact form on the side of this page or on our contact page. If you have someone specific in mind that you would like to speak to, visit their profile on our people page.

What is cerebral palsy?

Cerebral palsy is a neurological condition caused by problems affecting the part of the brain that controls muscle function. In the UK it affects an estimated one in 4,000 people.

How can negligent health care lead to cerebral palsy?

The causes listed above can all occur naturally even if no mistakes have been made. However, negligent medical care can lead directly to these complications and the development of cerebral palsy.

The most common examples of clinical negligence in the cases we deal with include:

Delays in diagnosing or misdiagnosis of infections in the baby or mother during pregnancy
Delays in diagnosing or misdiagnosis of bleeding in the baby’s brain
Delayed delivery or neglectful handling of a traumatic birth
Unnecessary deprivation of oxygen during birth

If negligent medical care before, during or after birth led to your child developing cerebral palsy, you are entitled to make a claim for compensation.

How can I pursue a claim for cerebral palsy?

Our clinical negligence team has earned a reputation as one of the very best in the UK. Boasting a combined experience in serious injury law of over 60 years and comprehensive medical insight, the team has an unwavering dedication to help families recover the compensation they deserve.

About Helen Dolan, head of the department, Chambers 2018 says: “Helen is scrupulous in her preparation and organisation, highly experienced, and her knowledge and insight was extremely reassuring.”

Chambers 2018 says, Lesley Herbertson “has recently handled a delay of treatment case concerning cauda equina. She has additional capabilities in assisting with failings in district nursing and delays in diagnosis leading to brain injuries.”

Gill Edwards is described as being and "exceptionally good solicitor" and garners praise from a client who says: "The way that she helped me is amazing. She is fantastic.”

About our clinical negligence team, our clients are quoted in Chambers 2018 saying: "it was the personal attention we received, the knowledge of the specific needs and future hopes of the claimant, and consideration for our family life that made the firm the right match for us."

Our clients tell us that it is the empathy and care with which we act that sets us apart. We specialise in serious and catastrophic injuries, so we know how difficult it can be to live with severe disability. It is our aim therefore, to make the claim process as stress-free for you and your family as we can.

Funding

Most clinical negligence cases are funded on the basis of a “no win, no fee” agreement, otherwise known as a Conditional Fee Agreement. Therefore, we can investigate into your potential claim and you will not have to pay any costs if the case is not successful. The detail of how a Conditional Fee Agreement works will be carefully explained to you at our first meeting.

You might already have the benefit of a legal expense insurance policy, and we will always start by looking into whether you can use the same policy before considering whether a Conditional Fee Agreement is more appropriate.

What happens next?

In the first instance we will discuss your circumstances and help you understand whether or not you have a case. If we agree that you do, we will then help you gather all the evidence required and build a strong case in order to give you the best chance we can of recovering the right amount of compensation.

We will start by obtaining all of the relevant medical records and we will go through these with you. We then instruct independent experts in the appropriate areas of specialism to advise on whether or not you or your family member has received substandard treatment. Once we have supportive expert evidence, we will commence court proceedings and progress the claim as quickly as possible, whilst always looking at whether there is any way that the case can be properly settled early

Where possible, we also work towards obtaining early interim awards, so that we can help you put in place the support that is needed with care, therapies and finding appropriate equipment. Moving to a suitable home is often a priority and we will do all that we can to make that happen at the earliest opportunity.

Contact us today

If you think you might be entitled to compensation, call us on 0800 027 2557. You can also arrange for us to get in touch with you by completing the online contact form on the side of this page or on our contact page. If you have someone specific in mind that you would like to speak to, visit their profile on our people page.

FAQs

How is cerebral palsy diagnosed?

To determine whether a child may have cerebral palsy, every newborn baby is given an Apgar score.

This involves carrying out a test to determine the health of a baby immediately after birth, usually after one minute after birth and again five minutes after birth. The name is derived from the criteria of the test: Appearance (), Pulse (heart rate), Grimace (reflexes), Activity (muscle tone) and Respiration (breathing rate and effort)

Scores of between 0-2 are given for each of the criteria and then added together. Scores of 7 and above are considered healthy. scores could indicate cerebral palsy.

Find out more about the Apgar score in our medical terms glossary.

In many cases the condition is not diagnosed immediately. Often it is the parents’ instinct or anxiety that their baby is not well and not developing as he or she should be that leads to further investigation. Usually a will help to diagnose the condition using a range of tests, which could include:

MRI scans
Ultrasound scans
CT scans
Blood tests

Causes of cerebral palsy?

The condition occurs when the brain develops abnormally during, or shortly after, birth.

One known cause of the condition is periventricular leukomalacia (PVL), which describes damage to the white matter of the baby’s brain. It is believed that this occurs because of a reduction in the children’s blood or oxygen supply. Experts have linked this to:

Premature or difficult birth
An infection caught by the mother during pregnancy
Abnormal blood pressure in the mother

It can also be caused by stroke - bleeding in the baby’s brain. This could happen as a result of:

High blood pressure in the mother
Abnormalities in the baby’s blood vessels or mother’s placenta
Abnormal development of the baby’s brain due to mutations in key genes, an infection caught by the mother or injury to the baby’s head
Temporary oxygen deprivation (asphyxiation)
Low blood sugar level

What are the symptoms and complications of cerebral palsy?

Symptoms of cerebral palsy include:

Muscle stiffness or floppiness
Muscle weakness
Random and uncontrolled body movements
Balance and coordination problems

The symptoms usually become apparent during the first three years of a child's life and they vary from person to person.

The severity of the symptoms differ - some people only experience mild problems, while others are left severely disabled.

The condition can also lead to a range of associated medical problems, including:

Difficulty speaking
Hearing loss
Visual impairment
Gastroesophageal reflux disease (GORD)
Seizures or fits (epilepsy)
Constipation
Drooling and swallowing difficulties (dysphagia)
Hip dislocation or an abnormally curved spine (scoliosis)
Difficulty controlling their bladder (urinary incontinence)
Learning difficulties (although intelligence is often unaffected

How is cerebral palsy diagnosed?

To determine whether a child may have cerebral palsy, every newborn baby is given an Apgar score.

Scores of between 0-2 are given for each of the criteria and then added together. Scores of 7 and above are considered healthy. scores could indicate cerebral palsy.

Find out more about the Apgar score in our medical terms glossary.

MRI scans
Ultrasound scans
CT scans
Blood tests

Useful Information

Apgar Score

The Apgar Score, developed in 1952 by an anaesthesiologist called Victoria Apgar, is a quick check designed to determine the physical condition of a newborn baby immediately after birth.

The test is carried out by a doctor, midwife or nurse in the delivery room usually on two occasions: one minute after birth and then again five minutes after birth. Sometimes, if there are concerns about the baby's condition or the score at five minutes is low, the test may be taken for a third time 10 minutes after birth.

It is called the Apgar Score because it checks for Appearance (skin colouration), Pulse, Grimace (responsiveness), Activity (muscle tone), and Respiration (breathing rate and effort).

The scoring system

Each of the criteria is given a score of 0, 1 or 2 and then added together to generate a total score out of 10, which gives an idea of the overall health of the baby.

The scoring system works as follows:

Appearance:

Normal colour all over (hands and feet are pink) = 2 points
Normal colour (but hands and feet are blue-ish) = 1 point
Blue-ish-grey or pale all over = 0 points

Pulse:

Normal (above 100 beats per minute) = 2 points
Below 100 beats per minute = 1 point
Absent (no pulse) = 0 points
Grimace (responsiveness or ‘reflex irritability’):
Pulls away, sneezes, coughs or cries with stimulation = 2 points
Facial movement only (grimace) with stimulation = 1 point
Absent (no response to stimulation = 0 points

Activity:

Active, spontaneous movement = 2 points
Arms and legs flexed with little movement = 1 point
No movement - ‘floppy’ muscle tone = 0 points
Respiration:
Normal rate and effort, good cry = 2 points
Slow or irregular breathing, weak cry = 1 point
Absent (no breathing) = 0 points

The majority of newborns are scored between seven and 10, meaning they do not require any immediate treatment. Scores of 10 are unusual, because most newborns will lose a point for having blue hands and feet, which is typical after birth.

Scores lower than seven suggests the baby needs medical attention, and if the score remains low after multiple tests, then there is a risk that the child will suffer longer-term neurological damage.

Erb's Palsy

This condition is usually caused by a traumatic childbirth where the baby's arm is paralysed when the upper group of the arm's main nerves is injured.

Erb's Palsy, or otherwise known as brachial plexus paralysis, can occur if the infant's head and neck are pulled toward the side at the same time as the shoulders pass through the birth canal.

The condition can also be caused by excessive pulling on the shoulders during a cephalic presentation (head first delivery), or by pressure on the raised arms during a breech (feet first) delivery.

Other causes can include a raised BMI of the mother at time of baby's birth, a high weight at birth and a long second stage of labour.

The child is usually unable to abduct the arm from the shoulder, rotate the arm externally from the shoulder or supinate the forearm giving them a 'waiter's tip' appearance.

Hand grasp in children with Erb's Palsy is usually normal unless the lower part of the plexus is also damaged.

Some babies recover on their own but some need specialist treatment.

Emergency Caesarean Section

This procedure is usually carried out when a normal vaginal delivery would put the mother or the baby at risk.

However, an emergency caesarean is performed when circumstances before or during labour call for an unplanned procedure.

A caesarean section is usually carried out under an epidural or a spinal anaesthetic causing the lower part of the body to be numbed. The procedure usually takes 40-45 minutes but, during an emergency, can be performed quicker.

The risks to the mother in a caesarean section can include an infection of the wound or the womb lining, a blood clot (thrombosis) in the legs or excess bleeding.

Doctors now give the mother a dose of antibiotics before the operation to reduce the likelihood of any infections.

Risks to the baby during a caesarean, according to the NHS, are no greater than a normal vaginal delivery but the most common problem of babies delivered by caesarean is difficulty breathing, although this usually affects babies born prematurely.

Hypoxic-Ischemic Encephalopathy (HIE)

This brain injury occurs in newborn babies and is caused by oxygen deprivation to the brain, also known as intrapartum asphyxia.

Although a newborn's body can manage for brief periods of time with reduced oxygen, if it lasts too long then the brain tissue is destroyed.

Hypoxic-ischemic encephalopathy due to fetal or neonatal asphyxia is a leading cause of death or severe impairment among infants.

Effects of this brain injury can include delays in neuro-development, cognitive impairment and epilepsy; the area of the brain injury can depend on the timing and severity of the asphyxia.

MRI scans are usually performed once hypoxic-ischemic encephalopathy is suspected to aid diagnosis.

Although there is no definite cure for HIE. any treatment includes helping the child adapt to symptoms of the brain injury and physical and occupational therapy is commonly used.

By filling out this form you are authorising Potter Rees Dolan to use the details you provide to contact you regarding your potential claim. Read our Website Privacy Notice.