Cerebral palsy medical negligence claims: steps for families

Cerebral palsy medical negligence claims are a vital legal pathway for families in England and Wales who have experienced preventable birth injuries. When medical professionals fail to provide appropriate care during pregnancy, labour, or delivery, the result can be lifelong cerebral palsy for a child. Consulting experienced medical negligence solicitors early is essential to understand your rights and pursue compensation.

Understanding cerebral palsy medical negligence claims

Cerebral palsy medical negligence claims can arise when a healthcare professional breaches their duty of care, causing or contributing to cerebral palsy in a child. Common causes include delayed delivery, failure to detect fetal distress, improper use of instruments during birth, and inadequate monitoring of the mother or child. These claims require evidence that the injury could have been prevented with proper medical care.

Legal context in England and Wales

In England and Wales, families pursuing cerebral palsy medical negligence claims must establish three critical elements:

1. That a duty of care existed between the healthcare provider and the patient.
2. That the duty was breached through negligent action or omission.
3. That the breach caused the cerebral palsy or worsened the severity of the condition.

Expert medical evidence is usually required to demonstrate both negligence and causation.

Common examples of negligence leading to cerebral palsy

• Delayed delivery: Prolonged labour without timely intervention can cause oxygen deprivation.
• Failure to monitor fetal distress: Not detecting irregular heart rates or other warning signs.
• Improper instrumental delivery: Incorrect use of forceps or vacuum extractors during birth.
• Poor communication: Not informing parents of risks, complications, or necessary procedures.
• Failure to perform emergency caesarean: Not acting when clinically indicated.

Steps to take for cerebral palsy medical negligence claims

1. Collect all medical records, test results, and hospital correspondence related to the pregnancy and birth.
2. Consult a specialised medical negligence solicitor for an initial claim assessment.
3. Obtain independent expert medical reports to demonstrate negligence and causation.
4. Consider filing a formal complaint with the hospital to document the incident.
5. Gather statements from witnesses, including family members and hospital staff.

Case scenario

A child developed severe cerebral palsy due to delayed intervention during labour. Medical experts confirmed that immediate action could have prevented the condition. The family successfully pursued a claim, receiving compensation that supported long-term care and rehabilitation, underscoring the importance of early legal advice and thorough evidence gathering.

Fosters Solicitors currently act on an ongoing basis for clients who have been diagnosed with cerebral palsy because of birth injury. Like most cerebral palsy claims, these matters have a value of many millions of pounds to compensate the injured party for life-long expenses and losses.

Expert insights on cerebral palsy medical negligence claims

• Early detection of labour complications is crucial to preventing cerebral palsy.
• Medical records and clinical notes play a decisive role in proving negligence.
• Specialist solicitors help families navigate complex medical and legal processes.
• Collaboration with obstetricians, paediatricians, and neurologists ensures strong evidence for claims.

Our medical negligence solicitors are experienced in supporting those with cerebral palsy claims. We very much appreciate the strength and courage it can take to revisit very personal and traumatic events and experiences, but we would like to reassure you we approach every conversation and case with the utmost sensitivity.

We want to work with you to achieve the best possible outcome for your claim. We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation. We are also able to discuss how you can cover the cost of a claim, including through a ‘no win no fee’ agreement.

Benefits and challenges of pursuing a claim

• Benefits: Financial support for lifelong care, accountability for healthcare providers, and potential improvements in hospital safety standards.
• Challenges: Complex medical evidence, strict legal deadlines, and emotional strain on families.

FAQs

What are cerebral palsy medical negligence claims?

Cerebral palsy medical negligence claims arise when a healthcare professional breaches their duty of care during pregnancy, labour, or delivery, causing preventable cerebral palsy in a child.

How do I know if I have a claim?

You may have a valid claim if:

1. A duty of care existed between the healthcare provider and patient.
2. That duty was breached.
3. The breach caused or worsened the cerebral palsy.

What are common examples of negligence leading to cerebral palsy?

How long do I have to make a claim?

In England and Wales, claims must usually be filed within three years of the incident or from when you became aware of the harm caused. In a cerebral palsy claim, the three years starts to run when the injured child turns 18 and therefore claims must be filed at court before the injured party has turned 21 years old.

Where can I get specialist help?

Specialist medical negligence solicitors provide guidance on gathering evidence, assessing damages, and navigating the legal process efficiently.

This article was produced on the 9th December 2025 for information purposes only and should not be construed or relied upon as specific legal advice.