For the family involved, the outcome is about far more than financial compensation. While no amount of money can undo what has happened, the settlement provides the security needed to access specialist care, therapies and adapted accommodation throughout the child’s life, allowing the family to focus on providing the very best quality of life possible.
What Went Wrong During Pregnancy and Birth?
The case centred around the fact that the baby was exposed to a reduction in oxygen during birth which could have been avoided. However, this was not the only failing in the medical treatment received. There was a failure to recognise that during the latter stages of pregnancy the baby was suffering from growth restriction which meant the baby should have been delivered much earlier than actually occurred.
Had this been identified and acted upon, the complications that developed prior to delivery would not have occurred and the severe, catastrophic brain damage could have been avoided.
The child was later diagnosed with spastic quadriplegic cerebral palsy and will require specialist care and support for the rest of their life.
Understanding Cerebral Palsy
Cerebral palsy is a neurological condition caused by damage to the developing brain, either before, during or shortly after birth. It affects movement, muscle control and coordination, although the severity varies significantly from child to child. Some children are able to live relatively independently, while others require specialist care and support throughout their lives.
Not every case of cerebral palsy is preventable. However, where the condition has been caused by avoidable medical negligence during pregnancy, labour or delivery, families may be entitled to pursue compensation to help provide the lifelong care and resources their child requires.
The Lifelong Impact on the Family
The family were devastated by the diagnosis but have subsequently devoted their lives to caring for their child and meeting their complex needs.
The parents were faced with the reality of managing complex medical needs, therapy appointments, mobility challenges and long-term uncertainty about the future. Alongside the emotional impact, they also faced the practical and financial challenges of adapting their lives around their child’s increasing care needs.
As their child grew older, it became clear that they would require 24-hour care, specialist therapies, adapted accommodation, mobility equipment, assistive technology and complex medical treatment.
They started to question whether the injury could have been avoided and they approached Bridge McFarland LLP to support them with their enquiries.
Investigating the Clinical Negligence Claim
Bridge McFarland LLP has significant expertise in cases involving brain injuries at birth and obtained expert evidence supporting that this was an avoidable injury.
The case was put forward to the hospital trust who accepted that there had been breaches of duty of care. However, they initially denied that the baby would have gone on to have an entirely normal outcome. This was challenged extensively and, following further expert evidence, the hospital trust eventually accepted all responsibility for the child’s injuries.
This news was bittersweet for the parents. On the one hand they felt grateful that steps could now be taken to put provisions in place for their child’s future needs. On the other, they felt angry and let down by the hospital, grieving for the opportunities and milestones their child would never experience because of the avoidable injuries they had suffered.
When these admissions were received, interim payments were secured to help meet their child’s needs whilst the final settlement was being finalised.
Securing Financial Security for the Future
The claim ultimately settled for a seven-figure sum designed to provide lifelong financial security and ensure the child has access to the care, therapies and accommodation required throughout their life.
The settlement included provision for:
- Professional care support and case management
- Multidisciplinary specialist therapies
- Adapted housing
- Wheelchairs and equipment
- Hydrotherapy
- Transport costs
- Educational and communication support
- Future loss of earnings and independence needs
Whilst no amount of money can make up for what has happened to their child and the profound effect this has had on all of their lives, they now have the financial security to ensure their child’s needs are met in the best way possible.
The settlement was negotiated as a combination of a lump sum award with lifelong periodic payments. This means that funding will continue for the rest of the child’s life providing ongoing reassurance that the care and support they require will always be available.
Why Cerebral Palsy Compensation Claims Are So Complex
Cerebral palsy claims are among the most complex and high-value clinical negligence cases due to the extensive lifelong care and support often required.
These claims often involve detailed medical evidence from obstetricians, midwives, neonatologists, neurologists and other independent experts to determine whether different treatment during pregnancy or labour would have prevented the injury.
Where negligence is established, compensation is carefully calculated to reflect the child’s lifelong needs. This may include the cost of professional care, specialist therapies, adapted accommodation, mobility equipment, communication aids, educational support and other assistance that will maximise their independence and quality of life.
It is essential that families instruct specialist medical negligence solicitors who understand both the legal and practical challenges these cases present. Working closely with medical experts, therapists, case managers and financial advisers helps ensure that any settlement accurately reflects the child’s future needs.
For many families, pursuing a claim is not only about financial compensation. It is also about understanding what went wrong, getting answers and securing the best possible quality of life for their child.
Supporting Families After a Birth Injury
Birth injury claims can arise from a range of avoidable failings during pregnancy, labour or delivery. These may include failures to recognise foetal growth restriction, delays in carrying out an emergency caesarean section, failures to identify signs of foetal distress or inadequate monitoring during labour.
Every case is different, which is why a thorough investigation supported by independent medical experts is essential to establish whether the injuries could have been prevented.
Staci Markham, a Partner in our Medical Negligence department, has extensive experience dealing with cerebral palsy cases. She helped this family throughout their claim and said:
“It has been very rewarding to support the family with this case. The process has not been easy, especially due to the initial arguments that the other side put forward in respect of liability. The family have devoted their lives to caring for their child and will continue to do so, however having the financial provision to meet all of their needs will help them immensely.
“Whilst I have helped them with the compensation claim, it has been a real team effort to provide the full package of legal support that the family have needed, which we have been able to offer all under one roof. It has also been a team effort working closely with case managers and therapy providers. I wish the family all the best and whilst no amount of money can make up for what has happened, I believe that they will now have the funds available to give their child the best possible quality of life.”
The family said
“The final outcome from this case will be great for all of us. We will not have to struggle or manage anymore. We have just bought a suitable property for our child which is single storey and has all the space that they will need for equipment and therapies. There are a lot of adaptions required to the property but fortunately we now have the funds for this and to turn it into a perfect home for our child.
We would like to thank everyone at Bridge McFarland for everything and all their help and support over the years, this means a lot.”
Helping Families Rebuild Their Lives
No amount of compensation can undo the effects of an avoidable birth injury. However, a successful clinical negligence claim can provide families with the financial security needed to access lifelong care, specialist therapies, adapted accommodation and the support that enables a child to reach their full potential.
At Bridge McFarland LLP, our specialist medical negligence solicitors understand that every family’s priorities are different. We work closely with independent experts and support professionals to help secure settlements that reflect each child’s individual needs, while providing compassionate guidance throughout what is often an emotional and challenging process.
If your child has been diagnosed with cerebral palsy and you are concerned that errors during pregnancy, labour or delivery may have contributed to their injuries, our experienced cerebral palsy solicitors are here to provide clear advice and sensitive support while helping you understand your legal options.
Call us for a free, no obligation consultation on 0800 987 8800 or email medneg@bmcf.co.uk.
