Cerebral Palsy birth injury negligence cases | Causes of cerebral palsy & when negligence may be to blame

The NHS is considered to be one of the safest healthcare systems in the world; however, avoidable errors still occur. Undoubtedly one of the most devastating impacts of these errors is Cerebral Palsy, which can impact the lives of the baby, the parents, and the families forever. According to NICE (The National Institute for Health and Care Excellence), the prevalence of Cerebral Palsy is about 2 per 1000 live births.

Of course, Cerebral Palsy isn't always caused by medical negligence; however, in some cases, the mistreatment of a birth or inadequate care provided is to blame. If you are looking to find out whether you qualify for compensation, whether Cerebral Palsy was caused by medical negligence and how to make a claim, this article will provide the assistance you need.

What can cause Cerebral Palsy in babies?

There are many ways in which Cerebral Palsy can be caused, including:

1. Infection - If the mother is suffering from an infection such as Group B Streptococcal or Herpes, this can be passed to the baby. Early treatment will reduce the impact on the baby; however, delayed treatment can cause serious damage to the baby's brain.
2. Oxygen starvation of the brain at birth - There are many complications during birth that can lead to a lack of oxygen for the baby, including being stuck in the pelvis before birth and the umbilical cord becoming wrapped around the baby's neck.
3. Kernicterus - If the baby suffers from a severe case of jaundice, this can cause levels of bilirubin to rise to an unsafe level in the blood. A high build-up can cause an irreversible brain injury.
4. Head injury - A baby's head is very delicate, so any trauma to the baby’s head during birth can cause permanent damage to the brain.
5. Brain haemorrhage or stroke - Following the birth of the baby, especially during a difficult delivery, the baby should be monitored for signs of a stroke or haemorrhage.

Risk factors for Cerebral Palsy

There are many factors that can increase the risk of the baby developing Cerebral Palsy, as can be seen in this systematic review of risk factors for Cerebral Palsy. The most common include the following:

1. Premature birth - A birth before 37 weeks will carry a greater risk than a baby born at 39 or 40 weeks. It is estimated that 40% of children with Cerebral Palsy were born prematurely.
2. Low birth weight - An infant who weighs less than 5.5 pounds is at greater risk than a heavier baby.
3. Delivery of twins or multiple babies - Multiple births always carry an increased risk, especially if a sibling dies before or soon after the birth.
4. A complicated birth - Any issues with the infant’s heart or breathing during labour, delivery or straight after the birth will increase the risk of Cerebral Palsy.
5. Maternal health - The health of the mother is important during pregnancy, with infections, fevers, low thyroid function and intellectual disabilities increasing the risk.
6. Older maternal age - Mothers who are aged over 35 are often considered high-risk pregnancies, with an increased risk of Cerebral Palsy and chromosomal abnormalities.

Symptoms of Cerebral Palsy

The signs of Cerebral Palsy are not always evident at birth, with symptoms often displayed during infancy or preschool years. Cerebral Palsy is a group of disorders that affects an individual’s movement and muscle tone as a result of brain damage.

Generally, it causes movement difficulties, abnormal reflexes and posture, involuntary movements, and unsteadiness when walking. This can affect everything from limb movement to swallowing and eye control, with the impact for each individual varying greatly.

How can medical negligence contribute towards Cerebral Palsy?

Although Cerebral Palsy can occur naturally when the brain of the baby does not develop properly, it can also arise as a result of medical mistakes during pregnancy, the birth and after the birth. The following are the main negligence factors that contribute towards Cerebral Palsy within a medical setting:

1. Failure to deliver the baby early enough, either naturally or by Caesarean section, which can cause permanent brain damage.
2. Failure to monitor the baby’s heartbeat to spot potential issues early enough.
3. Slow response to the poor oxygen levels due to the umbilical cord being wrapped around the neck of the baby.
4. Failure to assist with the maintenance of adequate blood sugar levels.
5. Failure to treat an infection quickly enough that was passed from the mother to the baby.
6. Too much pressure is applied to the baby’s head, leading to brain damage.

How do you know if you have a valid negligence case for Cerebral Palsy?

If you are the parent of a baby who was born with Cerebral Palsy and you believe you received inadequate care, you may be able to make a medical negligence claim. Here at Wake Smith, we have a specialist team of accredited clinical negligence solicitors, and we can assist with all aspects of claims and legal assistance relating to medical and clinical negligence. To find out more about the processes involved in making a Cerebral Palsy negligence claim, please take a look at this page.

If you believe you may be eligible to make a Cerebral Palsy claim, our team at Wake Smith can take a look at your case and find out whether medical negligence is to blame. We can then assist with your claim going forward and will ensure that you receive the compensation you deserve.

Get incontact with us todayto find out more.

What factors can impact compensation?

There are several factors that will be included during a compensation claim, and our team will ensure you receive the level of compensation you deserve. The compensation calculation will relate to the severity of the injury and its impact on life going forward, with factors including the following considered:

1. Professional care - The level of medical care received both in the past and planned for the future will be considered.
2. Occupational therapy needs - The support a baby will need to gain independence to be able to complete everyday activities.
3. Physiotherapy needs - How much support the individual needs physically, such as assistance with walking and reducing muscle tightness.
4. Speech and language therapy needs - The level of assistance needed to increase oral motor skills and to increase muscle strength for speech.
5. Accommodation - Consideration will be given to whether the family home can be adapted or whether a new house is required.
6. Transport needs - There are various factors to consider for ongoing transportation requirements, including whether a vehicle with adaptations is needed.
7. Assisted technology needs - This could include everything from adaptive wheelchairs and scooters to communication devices, pens, and pencils.
8. Future medical treatment - This can cover the cost of future treatments and the cost of travelling and staying at hospitals.
9. The child's loss of earnings - The court can award compensation to cover any potential loss of earnings or reduction in earnings during the child's life - for example, if the child will be unlikely to be able to work in future.
10. Court of protection costs - This relates to the cost of appointing an individual to manage the affairs of an individual with Cerebral Palsy due to mental incapacity.
11. Case management costs - Often in the form of annual payments, these period payments are available to cover both ongoing care and case management.

Frequently asked questions

What are the different types of Cerebral Palsy?

There are four main types of Cerebral Palsy, Spastic Cerebral Palsy, Dyskinetic Cerebral Palsy, Ataxic Cerebral Palsy and Mixed Cerebral Palsy. You can find out more about the different types of Cerebral Palsy here.

How common is it for Cerebral Palsy to be caused by a birth injury?

Cerebral Palsy is a condition that affects 1 in every 400 babies born in the UK, with roughly 70% of brain injuries occurring during pregnancy, 20% during labour and 10% after the birth of the baby.

What happens if your loved one died due to medical negligence?

If you have lost a loved one due to medical negligence, you will still have a right to seek compensation via an official grant of probate.

Who can bring a compensation claim for a birth injury?

Birth injury cases can relate to the baby, the mother, or both.

How much compensation can you get for a birth injury?

The amount of compensation to be claimed will be calculated based on the impact of Cerebral Palsy on the baby’s life, both now and in the future. It is not uncommon for compensation relating to Cerebral Palsy to be considerably in excess of £1 million.

What is Cerebral Palsy, and how can it be treated?

Cerebral Palsy is a group of disorders that have an impact on an individual’s ability to move, balance and maintain posture. There are treatments available such as medication, surgery, and therapy, however, these are to manage symptoms, maximise independence and reduce pain, as there is no cure for Cerebral Palsy.

What are the time limits for making a Cerebral Palsy claim?

In general, the time limit for making a Cerebral Palsy claim ends 3 years from their 18th birthday. If the person does not have mental capacity, then the time limit may extend beyond this period.

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Types of injuries to the baby during childbirth and when this is negligence