Cerebral Palsy Claims

The NHS define cerebral palsy as “a group of lifelong conditions that affect movement and co-ordination.” It is a permanent disability that impacts a person’s mobility and muscle strength by preventing the normal development of motor function.

The word ‘cerebral’ refers to the brain’s cerebrum, which is the part of the brain that regulates motor function. ‘Palsy’ describes the paralysis of voluntary movement in certain parts of the body.

Cerebral palsy is often caused by a problem with the brain that happens before, during or soon after the birth.

There can be both physical symptoms and neurological symptoms of cerebral palsy. This often depends on the type of cerebral palsy and the severity of symptoms can vary depending on the child. However, according to the NHS website, these can include:

Movement and developmental problems:

• Delays in reaching development milestones – for example, not sitting by eight months or not walking by 18 months
• Seeming too stiff or too floppy (hypotonia)
• Weak arms or legs
• Fidgety, jerky or clumsy movements.
• Random, uncontrolled movements.
• Muscle spasms.
• Shaking hands (tremors).
• Walking on tiptoes.

Other symptoms:

• Feeding, drooling and swallowing problems
• Constipation
• Problems with speaking and communication
• Seizures or fits (epilepsy)
• Difficulty falling asleep and/or staying asleep
• Gastro-oesophageal reflux disease (GORD) – where acid from the stomach leaks up into the oesophagus (gullet)
• An abnormally curved spine (scoliosis)
• Hips that pop out (dislocate) easily
• Difficulty controlling the bladder (urinary incontinence)
• A learning disability – about half of children with cerebral palsy have a learning disability
• Eye problems – including reduced vision, a squint or uncontrollable eye movement
• Hearing loss

There are 5 different types of cerebral palsy:

1. Spastic cerebral palsy – this is where muscles in the body are tight, stiff and weak, making movement control difficult.
2. Hypotonic cerebral palsy – this form of cerebral palsy affects motor coordination and results in what’s described as floppy muscles, excessive flexibility and poor stability.
3. Athetoid (dyskinetic) cerebral palsy – this involves involuntary slow, writhing movements of the limbs and sometimes muscle spasms.
4. Ataxic cerebral palsy – this is a difficulty with balance which causes unsteadiness when walking and shaky movements of the hands.
5. Mixed cerebral palsy – this is a combination of two or more of the above.

There is also hemiplegia, or diplegia, and these refer to specific parts of the body that’s affected by cerebral palsy.

Cerebral palsy is caused by brain damage to a fetal or infant brain. Many cases of cerebral palsy are caused by medical negligence before, during or shortly after childbirth. This negligence can often relate to detecting infections, fetal heart rate, caesarean sections (C-sections), prolapsed umbilical cords (which cuts off oxygen to a baby), or improper use of delivery tools.

These cases are often preventable because it is the responsibility of medical practitioners such as midwives, doctors and other paediatric professionals to understand and manage the risks during, and shortly after childbirth. Therefore, it is important that when medical negligence happens, those responsible should be held accountable for their actions, and those affected compensated for the damage caused.

For medical negligence claims on behalf of a child born with cerebral palsy, it may be possible to claim for the pain and suffering caused, costs of any care, medical treatment, rehabilitation, assistive aids, equipment, and any housing adaptions and/or an adapted property that may be required now or that will be required in the future. You could also claim for lost earnings that were incurred because of medical negligence. The level of compensation you can receive will vary on a case-by-case basis, however we have dealt with cases in the region of £20mllion.

It is estimated that there are 17 million people across the world who are diagnosed with cerebral palsy. According to Cerebral Palsy Sport, 30,000 children in the UK are diagnosed and living with cerebral palsy.

The NHS define cerebral palsy as “a group of lifelong conditions that affect movement and coordination.” It is a permanent disability that impacts a person’s mobility and muscle strength by preventing the normal development of motor function.

Cerebral palsy is caused by damage that occurs to the immature, developing brain, most often before birth. The symptoms of cerebral palsy are not usually obvious just after a baby is born. Therefore, it is possible to pursue a claim from the date of knowledge or for three years from a child’s 18th birthday to provide families and individuals with a fair chance of claiming compensation for the negligence they have faced.

Problems during pregnancy that can cause cerebral palsy include:

• Periventricular leukomalacia – this is damage to the part of the brain called white matter and is possibly as a result of a reduced blood or oxygen supply
• An infection passed on by the baby’s mother
• A stroke caused by limited blood supply to the baby’s brain or a bleed on the brain
• A head injury
• Or if the mother smokes, drinks a lot of alcohol or takes drugs during the pregnancy

Alternatively, cerebral palsy can be caused by problems that occur during, or very shortly after childbirth. This includes:

• When the baby’s brain temporarily does not get enough oxygen
• An infection of the brain, such as meningitis
• A serious head injury
• Very low blood sugar level
• A stroke
• A baby being born prematurely or a baby having a low birthweight.
• A birth of twins or triplets

Spastic (hypertonic) cerebral palsy

This is the most common form of cerebral palsy and is caused by damage to the brain’s motor cortex. This form of cerebral palsy causes tight, stiff and weak muscles that make movement control difficult and causes jerky movements. Spastic cerebral palsy causes people to find everyday activities difficult, such as walking or picking up small objects. Also, there is the possibility for children with spastic cerebral palsy to develop co-occurring conditions such as attention deficit hyperactivity disorder (ADHD) or poor nutrition and respiratory issues. Despite this being the most common form of cerebral palsy, managing it is often quite difficult and can result in a financial burden for families who will have to fund a lifetime of medical expenses.

Hypotonic cerebral palsy

This form of cerebral palsy makes up roughly 2.6% of cases and is the result of damage to the cerebellum during or shortly after childbirth. This is the most uncommon form of cerebral palsy and, similarly to the others, it affects an individual’s motor function. This results in what’s described as floppy muscles, excessive flexibility and poor stability. This form of cerebral palsy can often be confused with hypertonic cerebral palsy, so it is important to understand the difference, which is the type of muscle tone. This form of cerebral palsy can be treated by physiotherapy, occupational therapy, speech therapy and mobility aids.

Athetoid (dyskinetic) cerebral palsy

This constitutes around 10% of those diagnosed with cerebral palsy and is caused by damage to the brain’s basal ganglia and/or cerebellum. Therefore, this form of cerebral palsy affects motor function, eye movement, balance and coordination, causing involuntary slow, writhing movements of the limbs or face and occasionally muscle spasms.

Ataxic cerebral palsy

This is caused by damage to the cerebellum and can be caused by problems during birth or head trauma after birth. As a result, an individual with this form of cerebral palsy struggles with balance, coordination and voluntary movement. They may have difficulty making precise movements, often experiencing tremors or shakiness. However, physiotherapy and occupational therapy are often provided as a way of improving an individual’s motor skills and encouraging independence.

Mixed cerebral palsy

This form of cerebral palsy is a combination of two or more of the above. This can be the result of brain damage in multiple areas of the brain and cause a variety of physical and neurological conditions. This form of cerebral palsy varies significantly depending on which areas of the brain are damaged and an individual’s specific diagnosis. Despite this, the most common types of mixed cerebral palsy are spastic/athetoid and spastic/ataxic. Treatment for this form of cerebral palsy varies depending on the individual, but the main goal is to manage pain and support independence throughout adulthood.