13 July 2026 | Comment | Article by Kelly Charlton

Cerebral Palsy birth injury claims: A guide for parents


Around 1,800 children are diagnosed with cerebral palsy each year. It is estimated there are currently 130,000 adults and 30,000 children living with cerebral palsy in the UK.

The name can be broken down into two parts: Cerebral (meaning affecting the brain) and Palsy (weakness or difficulty using the muscles). The condition is caused by abnormal brain development or damage and whilst it can happen naturally, and may not be preventable, in some instances damage can arise due to a failure in care provided to a baby (or their mother) during pregnancy, labour or shortly after birth.

Being told your child has cerebral palsy is extremely difficult for any parent. You may feel frightened, overwhelmed and uncertain about what the future holds. It is also natural to have questions about why it happened and whether anything could have been done differently.

Understanding cerebral palsy and its cause can help families make informed decisions about their child’s future and, where appropriate, find answers about the care they received.

What is cerebral palsy?

Cerebral palsy is a lifelong neurological condition affecting movement, balance and posture. The condition impacts every child differently. Some children have only mild difficulties with muscle control and motor skills and are able to live independently as adults. Others may have more significant disabilities and need support throughout their lives.

There are three main types of cerebral palsy:

  • Spastic cerebral palsy – the most common type, causing stiff muscles and difficulty moving.
  • Dyskinetic cerebral palsy – causing involuntary movements that can make everyday tasks more challenging.
  • Ataxic cerebral palsy – affecting balance, coordination and depth perception.

(It is possible for children to have mixed cerebral palsy. For example, they will experience symptoms from spastic and dyskinetic cerebral palsy simultaneously.)

Whilst cerebral palsy is primarily a motor disorder, around 30 – 50% of individuals also experience some form of cognitive impairment. A child may suffer with learning difficulties, epilepsy, problems with speech and communication, hearing or vision problems, or difficulties with eating and swallowing. Symptoms can vary widely from person to person and many children with cerebral palsy have normal or above average intelligence and go on to lead happy and fulfilling lives with the right support.

Cerebral palsy is not a progressive condition, this means the initial damage to the brain does not worsen over time, however, symptoms can change as a child grows with some difficulties only becoming apparent much later on.

Can cerebral palsy be caused by medical negligence?

It is important to remember that not every case of cerebral palsy is caused by mistakes in medical care. In many cases, there is nothing that doctors, midwives or parents could have done to prevent it.

However, there are occasions where cerebral palsy develops because a baby suffered a preventable brain injury during labour or delivery.

Examples of situations that may amount to poor medical care include:

  • failing to monitor or manage pregnancy complications;
  • failing to recognise signs that a baby is in distress during labour;
  • delaying delivery when there are clear signs that the baby needs to be born urgently;
  • failing to act quickly if a baby is not getting enough oxygen;
  • errors in diagnosing or treating conditions shortly after birth.

When a baby’s brain is deprived of oxygen for too long, permanent brain damage can occur. In some cases, this damage can lead to cerebral palsy.

Every birth is different, and understanding whether the care met an acceptable standard usually requires a detailed review of the medical records by independent experts.

Signs that may suggest a birth injury

Some babies who develop cerebral palsy show signs of a brain injury shortly after birth, while others may not show symptoms until they begin missing expected developmental milestones.

Possible signs in a newborn baby include:

  • difficulty breathing at birth;
  • needing emergency resuscitation;
  • seizures shortly after birth;
  • spending time in a neonatal intensive care unit;
  • difficulty feeding or unusually low muscle tone.

As children grow, parents may notice that they are slower to:

  • roll over;
  • sit independently;
  • crawl;
  • walk; or
  • have feeding or speech difficulties

Doctors may arrange tests such as MRI brain scans and developmental or functional assessments to help diagnose cerebral palsy and understand the extent of any brain injury.

Living with cerebral palsy

Although cerebral palsy is a lifelong condition, many children thrive with the right care and support.

Treatment often involves a team of healthcare professionals, which may include physiotherapists, occupational therapists, speech and language therapists, paediatricians and specialist nurses.

In appropriate circumstances, medication to help manage symptoms (such as muscle spasms and seizures) can be prescribed. There are also numerous specialist devices, equipment and technology available to improve mobility, balance and help with everyday activities.

Many children also receive additional support at nursery or school to help them reach their full potential using an Education, Health and Care Plan (EHCP).

Living with cerebral palsy can affect the whole family. Parents often become full-time carers, are required to attend frequent medical appointments and therapy sessions, and adapt their homes or vehicles to meet their child’s needs. The emotional and financial impact can be significant.

Counselling services, support groups and access to respite care are therefore also important factors to consider allowing families to deal with the psychological impact, connect with other families affected by cerebral palsy and provide relief from caregiving.

Every child’s future is different. Some children will become independent adults, while others may need lifelong care and support. Early intervention, access to specialist services and appropriate equipment can make a significant difference to a child’s quality of life.

Why do some families seek answers about what happened during birth?

After a diagnosis of cerebral palsy, many parents naturally wonder whether anything could have been done differently.

The process of gathering information may involve:

  • obtaining copies of the mother’s and baby’s medical records;
  • asking healthcare providers to explain what happened during labour and delivery; and
  • where there are concerns that avoidable mistakes were made, seeking specialist legal advice to investigate whether medical negligence played a part.

If an investigation concludes that substandard care caused or contributed to a child’s cerebral palsy, a legal claim may help secure compensation. The cost of providing lifelong support for a child with cerebral palsy is significant and a compensation claim could provide financial support for therapies, specialist equipment, adapted accommodation, education, care and other needs throughout the child’s life.

If you are concerned that mistakes during your pregnancy, labour or your baby’s delivery may have contributed to your child’s cerebral palsy, our specialist clinical negligence team is here to help.

We have extensive experience in investigating complex birth injury and cerebral palsy claims. We understand that every family’s situation is unique and if you would like to discuss your circumstances, please get in touch with our team for a confidential, no-obligation conversation. We are here to answer your questions and help you understand your options.

Read some case studies showing how we have helped clients with cerebral palsy and their families below:

FAQs

Sometimes. Some babies show signs of a brain injury shortly after birth, particularly if they needed emergency treatment or intensive care. However, many children are not diagnosed until they are several months or even a few years old, when delays in their movement or development become more noticeable.

No. Cerebral palsy can develop for many different reasons, including problems during pregnancy, premature birth, infections or genetic conditions. While some cases are linked to events during labour or delivery, many are not caused by medical mistakes.

You can request copies of your and your baby’s medical records. These records provide information about the care you both received during pregnancy, labour and after delivery. If you remain concerned, you may consider seeking specialist legal advice.

Yes. If a child has suffered an injury because of negligent medical care, a parent or other responsible adult can usually bring a claim on the child’s behalf. In England and Wales, the usual time limits are different for children than they are for adults, so it is often possible to investigate a claim many years after the birth. However, it is generally best to seek advice as early as possible while records and evidence are easier to obtain.

No. A legal claim against an NHS Trust or healthcare provider should not affect the care your child receives now or in the future. Healthcare professionals remain committed to providing the best possible treatment regardless of whether a claim has been made.

Read about How Cerebral Palsy Impacts Daily Living For Our Clients.

If you have been affected by a traumatic birth and wish to seek legal advice, contact one of our specialist Medical Negligence solicitors today.

Author bio

Kelly Charlton

Senior Associate
Kelly Charlton is a Senior Associate in the Clinical Negligence Department. She has exclusively practised in Claimant Clinical Negligence work since qualifying as a Solicitor in 2014. Kelly is based in Manchester deals primarily with complex and high value work including child and adult brain injury cases, spinal injury, and amputation claims.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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