Giving birth to a child can be an exciting yet very vulnerable moment in your life. However, you may be considering using our cerebral palsy compensation calculator if your baby has developed this condition due to a lack of care by your midwife or obstetrician. Although there may be other causes of cerebral palsy, our calculator focuses on the condition developing due to a birth injury. Therefore, you may be able to make a birth injury claim due to a medical professional’s negligent act.
Our compensation calculator provides an estimate of how much compensation you could claim on your child’s behalf. It will consider their physical and mental harm as well as a selection of expenses. However, if you would like a more accurate assessment of how much your child’s claim could be worth, you can speak to one of our advisors.
At Compensation Calculator UK, our advisors and panel of solicitors understand the consequences of this condition, such as your child needing full-time care and specialised treatment. Starting from a complimentary consultation, our team will provide hands-on assistance with your child’s cerebral palsy compensation claim and ensure a fair settlement for their suffering. Get in touch with our advisors now to know more:
We are here to help you
Here at CompensationCalculatorUK.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Jump To A Section
- Cerebral Palsy Compensation Calculator
- How Are Cerebral Palsy Compensation Amounts Determined?
- What Other Damages Can Cerebral Palsy Compensation Cover?
- Who Can Make A Cerebral Palsy Claim?
- How Can Medical Negligence Cause Cerebral Palsy?
- What Is Needed To Bring A Cerebral Palsy Compensation Claim?
- How Can Compensation Calculator UK Help?
- Learn More
Cerebral Palsy Compensation Calculator
If you have decided to claim compensation, you may not be sure about where to start or how much you could claim. This is where our cerebral palsy compensation calculator comes in. It is an online tool on our website where you enter the details of the medical negligence your child suffered, and you will get some potential compensation figures. These figures are based on the Judicial College guidelines (JCG), which we will explain in the next section.
Our table below also showcases some compensation brackets from the JCG, which may be considered for cases of cerebral palsy. However, please note that the top row figure isn’t from the JCG, and you must use this table only for guidance.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | This bracket considers compensation for multiple injuries and full-time nursing care, changes to the home and installations, respite care and other expenses associated with a severe life-long condition. | Up to £25,000,000+ |
| Brain Damage- Very Severe | There may be little to no language function, an ability to respond to the environment and a need for full-time professional care. | £344,150 to £493,000 |
| Brain Damage- Moderately Severe | There is serious physical or cognitive disability leading to a lot of dependence on others and constant professional care. | £267,340 to £344,150 |
| Brain Damage- Moderate (i) | There could be cases of change in personality, effect on speech or sight and intellectual deficit. | £183,190 to £267,340 |
| Brain Damage- Moderate (ii) | There is some risk of epilepsy and a negative effect on the ability to work. | £110,720 to £183,190 |
| Brain Damage- Moderate (iii) | Memory and concentration have been affected and along with a slight risk of epilepsy, there is some dependence on others. | £52,550 to £110,720 |
| Brain Damage- Less Severe | Although there are problems related to brain function, there is a good recovery and subsequent return to professional or social life. | £18,700 to £52,550 |
| Epilepsy- Established Grand Mal | The award will depend on how much the attacks are controlled by medication and overall impact on social or professional life. | £124,470 to £183,190 |
| Epilepsy- Established Petit Mal | The award is calculated with the same considerations as Grand Mal Epilepsy. | £66,920 to £160,360 |
| Epilepsy- Other Epileptic Conditions | There could be a few discrete episodes of epilepsy or a temporary resurgence. | £12,990 to £32,090 |
To discuss the figures seen in the table or given to you by our compensation calculator, speak to one of our advisors. They can discuss your child’s birth injuries and provide a claim estimate.
How Are Cerebral Palsy Compensation Amounts Determined?
The cerebral palsy compensation amounts are determined based on factors such as the level of harm, overall prognosis, pain and suffering and financial costs associated with the birth injury.
Regarding compensation for the level of harm and suffering, this falls under the category of general damages. Medical negligence solicitors and other legal experts generally calculate this category of compensation with the help of the Judicial College guidelines (JCG). These guidelines offer estimated compensation brackets that may be considered for different types of injuries. As explained above, both our table and our cerebral palsy compensation calculator are based on the JCG.
Check out our list of compensation payouts in the UK for more information. Alternatively, speak to an advisor for a more individualised assessment.
What Other Damages Can Cerebral Palsy Compensation Cover?
Cerebral palsy compensation can also recover special damages or financial losses arising out of the cerebral palsy diagnosis. Some examples of this include:
- Lost Earnings: You may be able to claim for the loss of earnings due to the extra time spent in the hospital after the birth.
- Future Income Loss: If you are unable to work due to the time devoted to caring for your child, you may be able to claim for a future loss of earnings.
- Medical Expenses: This can include the costs of private care, specialised medicines and long-term hospital stay.
- Care costs: Your child might require a full-time professional caretaker to suit their specialised needs.
- Therapy and Rehabilitation: This can include long-term physiotherapy and counselling sessions for your child’s well-being.
- Car or home modifications: You may need to add special features to your car or home to accommodate any disability due to cerebral palsy.
- Cost of travel: This can include the cost of travelling to and from various medical or therapy appointments.
Please bear in mind that you need to provide financial records to support your claim for special damages, such as bills and bank statements. Also, you may include special damages only if your child’s cerebral palsy compensation claim succeeds and even then, it isn’t always guaranteed.
Get in touch with our advisors for more information on claiming special damages.
We are here to help you
Here at CompensationCalculatorUK.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Who Can Make A Cerebral Palsy Claim?
Typically, parents or guardians make a cerebral palsy claim on behalf of their child. However, your child’s cerebral palsy must have been caused by medical negligence and not have occurred for another reason. Medical negligence is a breach of duty that causes avoidable harm.
Cerebral palsy is an umbrella term for certain conditions that affect a child’s movement, coordination, and posture. As the name suggests, ‘cerebral’ relates to the brain and ‘palsy’ is used to describe muscular issues. Therefore, this is a condition related to brain development. However, you must note that you cannot claim compensation if this condition develops in your child naturally.
Since cerebral palsy can develop due to a lack of oxygen before, during or shortly after the child is born, it may be considered a kind of birth injury. Therefore, you may be able to claim compensation if this condition develops due to a breach of duty by a medical professional. This duty of care refers to the professional standards that a healthcare provider must uphold while treating a patient. A breach of this duty and a resulting injury may lead to a medical negligence claim.
Therefore, in order to make a cerebral palsy claim for your child, you need to prove:
- The healthcare provider had a duty of care towards you and your child.
- They breached this duty by providing poor-quality care or treatment.
- Your child suffered an avoidable birth injury in the form of cerebral palsy due to this poor quality of care.
Can I Claim On Behalf Of My Child?
Yes, you or another trusted adult may be able to claim on behalf of your child by becoming a litigation friend. The court approves the appointment by ensuring your suitability and the absence of conflict of interest.
It is recommended that you begin the claims process on behalf of your child as soon as possible. This will ensure a quicker outcome and rehabilitation for your family. Contact our team now for more information on claiming on behalf of your child.
How Can Medical Negligence Cause Cerebral Palsy?
Here are some examples of how medical negligence can cause cerebral palsy:
- Your obstetrician fails to diagnose that you are suffering from an infection. Due to being untreated, this infection lingers on and leads to the development of cerebral palsy in the foetus.
- During labour, the doctor fails to notice signs of foetal distress, such as oxygen shortage. Due to the continuous shortage of oxygen, the baby suffers from cerebral palsy.
- Once the baby is born, there is a delay in acting towards the umbilical cord being wrapped around their neck. This blocks the oxygen supply to the baby’s brain and leads to the development of cerebral palsy.
- The mother is identified as needing an emergency caesarean section. However, an avoidable delay occurs between identifying this need and the surgery, causing brain damage due to the blockage of oxygen to the baby.
These are only a few examples. Your experience, which caused your child’s cerebral palsy, may be different. Contact our team advisors for more examples, such as a misdiagnosis. As part of our free services, an advisor can assess whether you have good grounds to claim medical negligence compensation on behalf of your child.
What Is Needed To Bring A Cerebral Palsy Compensation Claim?
You need to collect evidence that proves negligence occurred and be aware of the time limit to bring a cerebral palsy compensation claim. The time limit to start cerebral palsy claims is generally 3 years from the date of the medical negligence or the date of knowledge, according to the Limitation Act 1980. However, if you are claiming on behalf of your child, then this time limit is paused and you can start the claim at any point before they turn 18.
Call our advisors now for a more detailed discussion on medical negligence time limits and collecting evidence.
How Can Compensation Calculator UK Help?
Compensation Calculator UK can help by providing the best possible assistance for your child’s claims, starting from the guidance through our cerebral palsy compensation calculator. Some of the services offered by our advisory team and panel of solicitors include:
- Handling official correspondence with bodies like the NHS.
- Explaining all the complex medico-legal jargon.
- Negotiating and calculating cerebral palsy compensation.
- Compiling evidence for your child’s claim.
- Assisting with care and rehabilitation packages wherever possible.
- Informing you about the correct time limit, if applicable.
- Contacting potential eyewitnesses, such as a birthing partner, for supporting statements.
- Sharing relevant research material and statistics with you.
In addition to the above services, our panel of solicitors also offers to work on your case through a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement which offers a cost-effective option for you to get your claim started, since:
- There are no upfront or ongoing solicitor’s fees for their work on your child’s claim.
- You won’t be charged solicitor’s fees if your child’s claim is unsuccessful.
- Your solicitor will deduct only a legally capped percentage of the compensation as their success fee if you win the claim.
Get In Touch With Our Team Of Advisors
For more information on the services offered by our panel of solicitors, call our advisors now:
- Call on 0800 408 7826.
- Fill out our contact form.
- Use our live chat to speak to an advisor.
Learn More
You can read some more of our guides for further information:
- Information on using our blood clot compensation calculator.
- Our guide on claiming breast cancer misdiagnosis compensation.
- Details on using our psychological injuries compensation calculator.
For more information, you can also refer to these links:
- Government resource on protecting your baby.
- Information from the government on resources for disabled children.
- Details from the NHS on labour and birth.
Thank you for using our cerebral palsy compensation calculator. Please speak to an advisor now to get your child’s compensation claim started.
