World Cerebral Palsy Day takes place on 6 October each year. Bridget Rollinson, from the Clinical Negligence team, explains how this is a day to celebrate people living with cerebral palsy, raise awareness of the challenges they and their families may face, and encourage practical change so that people with cerebral palsy have better access to support, inclusion and opportunities.
A diagnosis of cerebral palsy for a loved one can feel overwhelming and confusing. Many parents may be wondering if the diagnosis could have been prevented if medical care during pregnancy and birth were different. At Hugh James, our specialist medical negligence team supports families who are looking for answers; and in cases of clinical negligence, our team can assist with practical considerations such as accessing care, therapies, and adaptations.
What is cerebral palsy?
Cerebral palsy is a group of neurological conditions that affect movement, posture and coordination. It is usually caused by damage to the developing brain before, during or shortly after birth. Symptoms can vary significantly from person to person, and may include seizures, delayed development including learning and communication difficulties. Muscle stiffness and weakness are common, often causing difficulty mobilising.
Some people with cerebral palsy have relatively mild symptoms and are able to live independently. Others may need lifelong care, 24 hour assistance, specialist equipment, regular therapy and significant support with day-to-day activities. Every child and family is different, and their needs will change as the child grows.
World Cerebral Palsy Day serves as an important reminder and opportunity for education about this diagnosis. It is a time for the wider community to understand how support can be provided to those with cerebral palsy. For families, the day can also be a moment to reflect on the support currently in place which may include NHS care, local authority support, and considerations about input from therapy and schools.
Impact on families
Receiving a diagnosis of cerebral palsy can be emotionally and practically challenging. Families may understandably feel anxious or uncertain about what the future holds. They may also have many practical questions about treatment, development, education and long-term care.
Families often find themselves managing regular medical and therapy appointments, medication, equipment reviews and school planning. Some homes may need adaptations. Some children may need very specialised aids, including to sit properly, communicate, or eat and drink.
There can also be financial pressure to afford aids and various appointments, particularly where a parent or carer has to reduce working hours or stop work to provide specialised care. These pressures can increase over time, especially where a child’s needs increase as they grow.
When cerebral palsy may be linked to medical negligence
Not every case of cerebral palsy is caused by medical negligence. However, in some cases, cerebral palsy is linked to an avoidable injury during pregnancy, labour and delivery or the neonatal period. This can include failures to monitor the foetus’ wellbeing and any distress during labour, delays in delivery, failures to respond to oxygen deprivation, mismanagement of infection, or delays in treating a baby born poorly.
It is completely understandable for parents to wonder, or hope to seek answers about, the reasons behind a child’s cerebral palsy diagnosis. A legal investigation may help families understand the medical background to their child’s condition. This may involve obtaining medical records, reviewing internal hospital investigations, and instructing independent medical experts to consider whether the care was reasonable and whether different care would have changed their child’s outcome.
Speaking to a specialist solicitor does not commit a family to bringing a claim. It can help them understand their options, the strength of any potential case, and the type of support that may be available.
How Hugh James can help
Our specialist medical negligence solicitors have experience in complex birth injury and cerebral palsy claims. We offer a free initial assessment for families who are concerned that cerebral palsy may have been caused by negligent medical care.
If there is a suggestion of potential clinical negligence, we can obtain and review medical records, instruct independent experts, investigate what happened and advise on whether there are reasonable prospects of bringing a claim.
If a claim is brought, our clinical negligence team can assist with finding and liaising with a case manager and providing support through them. This can include assistance with finding and organising the child’s care needs, physiotherapy, speech therapy, occupational therapy, ensuring suitable accommodation, and planning for the future.
Our role is to guide families through the process sensitively and clearly, making sure they are kept informed at each stage of the legal process, whilst also assisting as much as we can to source assistance for the child throughout the claim.
Cerebral palsy caused by clinical negligence
If the cerebral palsy diagnosis is shown to have been caused by clinical negligence, compensation is intended to support quality of life and meet long-term needs. The value of any claim depends on the individual circumstances and the evidence available. For families affected by avoidable injury, compensation can be an important way of securing practical support, greater independence and future stability. Depending on the circumstances, it may help fund private therapy, specialist equipment, home adaptations, care, adapted transport, educational support, assistive technology and loss of earnings.
If your child has been diagnosed with cerebral palsy and you have concerns about the care received during pregnancy, labour, delivery or shortly after birth, our specialist medical negligence team can help you understand your options. Meaningful support can make a real difference, helping people with cerebral palsy to live with greater independence, dignity and opportunity, which is exactly what World Cerebral Palsy Day is about.
