Research Shows One In Twelve Cerebral Palsy Cases Are Avoidable

Cerebral palsy is a form of brain damage, which is usually caused by oxygen deprivation. It is estimated that around 1,800 children are diagnosed with cerebral palsy each year.

There is no available cure, and the condition is lifelong, affecting movement and coordination. Those living with the condition will often require ongoing support, care, and rehabilitation.

One of the main causes of cerebral palsy is hypoxic brain injury during childbirth. This is where a baby’s brain is starved of oxygen at some point during labour and delivery.

Whilst often, brain injury is unpreventable, new research shows that one in 12 cerebral palsy cases over the past decade was avoidable, and caused by negligent mistakes by healthcare professionals.

NHS Trusts have paid out more than £4 billion in damages across 1,441 claims over the past 10 years. Research-based on Freedom of Information requests shows that in 2020/21, 268 new cerebral palsy claims were brought. This is the highest number in at least a decade.

The research shows that out of 1,800 cases diagnosed in a year, on average, 144 of them are caused by failed maternity care.

A spokesperson from the Department of Health and Social Care said:

Comment

In our specialist Clinical Negligence department at Nelsons, we sadly often see families whose child has suffered a brain injury resulting in cerebral palsy as a result of negligent medical treatment.

We understand just how devastating and far-reaching the implications are for the child and their family. Not only will the child have to deal with this lifelong condition, but care and support will be required meaning that parents often have to contemplate giving up work to become carers.

The figures shown by this new research are both shocking and worrying. Clearly, cases are on the rise, and this comes following multiple damning reports in short succession of failures in maternity services such as at Nottingham Hospitals, Shrewsbury & Telford Hospitals, and Sheffield Hospitals.

It is obvious that there are staffing shortages, and those who remain working in the NHS are facing burnout and exhaustion and Trusts are quite clearly unable to cope.

Patient safety must be the foremost concern here, and it is now imperative that changes are made in order to reduce the number of avoidable cases of cerebral palsy.

Making a birth injury claim

At Nelsons, our experienced team of medical negligence solicitors investigates and successfully pursues birth injury claims for children injured during childbirth.

Our expert team is recognised by The Law Society, the Association of Personal Injury Lawyers (APIL), Headway, The Foundation for Infant Loss Training, Chambers and Partners, and The Legal 500 for our work involving injured babies and children. We are one of a few specialist firms that are still able to offer Legal Aid in cases involving babies.

We instruct the most experienced independent medical experts, who will review your medical records and comment on the standard of care received and whether this was negligent and caused the injury. We use highly experienced barristers who we may instruct to work with us on your claim.

When it comes to valuing your claim we often instruct a number of independent experts who will comment on the nature and extent of your injuries, your future prognosis, and your short and long-term needs.

Often in these cases, the Court will order that the injured person should receive a lump sum payment of compensation plus an amount each year (periodical payments) for the rest of their life, to ensure that their ongoing needs are met.

We have achieved what was believed at the time to be (and may still be) the highest award of periodical payments ever to be made by the NHS Litigation Authority to an injured patient in one such case.