Read Our 2026 Guide

For a complete 2026 guide to cerebral palsy negligence claims — including compensation ranges, the claims process and FAQs on adult-age claims — read our latest in-depth article:

👉 Birth Injury Claims — Cerebral Palsy, Erb’s Palsy & Negligence (2026)

What Causes Cerebral Palsy and When Is It Negligence?

Cerebral palsy results from damage to the developing brain, most often during pregnancy, labour or shortly after birth. Importantly, not every case of cerebral palsy is caused by medical negligence — some result from unavoidable complications of birth or early-life infection. The cases that typically give rise to a successful negligence claim involve a clear failure in care: missed signs of fetal distress on the CTG (cardiotocograph), delayed Caesarean section, inadequate response to a difficult delivery, or failure to recognise neonatal hypoxia and provide therapeutic cooling within the critical post-birth window. A specialist team will review the antenatal records, the intrapartum care, the CTG traces, the cord blood gases (where available), and the immediate post-birth care. Expert witnesses (typically an obstetrician, a midwife, a neonatologist and a paediatric neurologist or neuroradiologist) will then assess whether the standard of care fell below what was expected, and whether that failure caused the cerebral palsy or made it materially worse. Where care fell below standard and that failure caused the injury, the compensation can be substantial — reflecting the lifetime cost of care, accommodation, equipment and lost earning capacity.

Frequently Asked Questions

Can I claim if my child is now an adult?

Often yes. Where the child lacks mental capacity (often the case with severe cerebral palsy), there is no time limit on bringing a claim — it can be brought at any age. Where the child has capacity, claims can usually be brought up to their 21st birthday.

What evidence do I need to start a claim?

The first step is the medical records — antenatal, intrapartum (CTG traces, the operation notes if there was a Caesarean), and neonatal. We obtain these for you. Beyond that, a specialist team builds the evidence file through expert witnesses; you do not need to gather it yourself.

How long do cerebral palsy claims take?

Cerebral palsy claims are among the longest medical negligence cases — typically 4 to 8 years from instruction to final settlement. The reason is that the child long-term needs must be properly assessed, often requiring them to reach a developmental milestone (such as age 6 or 10) before the prognosis is stable enough to value the claim. Interim payments fund immediate needs throughout.

What’s the typical compensation for cerebral palsy?

Compensation in severe cases can exceed £10 million when 24-hour care, specialist accommodation, lifetime equipment and lost earning capacity are factored in. Most awards include a Periodical Payment Order — annual tax-free payments for the child lifetime alongside a lump sum for past losses.

Will making a claim affect my child’s NHS care?

No. The civil claim runs separately from the NHS clinical pathway. Your child care, therapy and access to NHS services is unaffected by the legal process.

How do interim payments work?

Once liability has been admitted (or is overwhelmingly likely to be), we apply for interim payments early. These provide funds for immediate care, equipment, therapies, home adaptations and case management while the final compensation is still being assessed. For severe cases, interim payments often run into hundreds of thousands of pounds before final settlement.