Exploring the emotional barriers to taking legal action after a cerebral palsy diagnosis

Adjusting to life following a cerebral palsy diagnosis can feel incredibly difficult. We understand that families might be looking for support and validation from others in their situation, particularly if they feel their cerebral palsy diagnosis could have been avoided.  

It is normal to have some conflicting emotions when considering the benefits of legal support. It can feel incredibly daunting, but it doesn’t need to be. If you have concerns about making a cerebral palsy claim, this guide will cover:  

• The barriers to taking legal action after a cerebral palsy birth injury 
• Common concerns and reasons for hesitating  
• What happens when you decide to take legal action  
• How cerebral palsy negligence claims are funded 
• Time limits for making a cerebral palsy claim  
• Reasons families pursue legal support  
• How making a claim can help other families

Guidance for families following a cerebral palsy diagnosis  

Seeking legal support after your child has suffered a birth injury resulting in cerebral palsy can feel intimidating. It is common to feel unsure about what has happened or worry about blaming the healthcare professionals involved. Our campaign ‘For Every Birth. For Every Baby. For Every Family.’ centres around families like yours getting the support you need and championing better maternity care for everyone.

Why many families hesitate before seeking legal advice 

Pausing before pursuing legal action is completely understandable. There may be a sense of uncertainty about what happened, or you may be concerned about the stigma and emotional repercussions associated with taking legal action. Parents may find themselves thinking they don’t want to cause trouble or that they are overthinking something that is ‘just one of those things’. While you might feel the injury is not serious enough to justify legal action, trusting your instinct and seeking legal advice can calm these worries and help you understand your options more clearly. 

When speaking to our team there is never any obligation to take things forward, we are here to help.

Sahida Patel, Partner and head of our birth injury team, shares “When you go through child birth, it is supposed to be a very happy experience. When things go wrong and there are unanswered questions as to why things went wrong, it is understandable to hesitate to seek legal advice and help.  Most people never think that what happened could have been avoided or that their baby has been harmed because some part of the treatment and care was not to an acceptable standard.  Families may be overwhelmed by what has happened and are having to deal with medical professionals as well as having to adjust to a baby that has been injured at birth.  Contacting a lawyer may be the last thing on their mind but seeking early legal advice enables you to make a decision on whether pursing a legal claim is the right thing to do.   

We can listen and we can advise but ultimately it will be up to the family to make a choice.  

It may help them to seek early advice whilst the events in question are fresh in their mind and we can help them process what has happened and discuss their options.  

The claims can take some time to investigate and to get a resolution for the family, another reason why it may be better to seek early advice which enables the legal team to start their enquires and ultimately if there is compensation, it enables the family to seek help with therapies, equipment and care early.” 

Fear of overreacting  

Many families tell themselves that the complications they experienced during the birth of their child were unavoidable or that they should simply be grateful their baby is here, even when lingering questions remain.  

Some families who come to us for support have been internally down-playing their traumatic birth experience for a long time, even while facing the difficult circumstances they have now been placed in. We know that the day-to-day reality of caring for a child with cerebral palsy really takes an emotional toll, so it is natural to sometimes push the ‘what if’s’ below the surface – to allow more space to simply carry on. But asking questions is a crucial first step in understanding what happened and gaining clarity about your child’s care. 

There is no judgement when speaking to our legal team. We understand that your emotions may be complex, but we are able to guide you through the details of your experience to find some clarity and make sense of your options of next steps.

Worries about wasting a solicitor’s time  

Worrying if you are overreacting can easily lead you think you might be wasting a solicitor’s time with your questions. However, our lawyers are always here to listen. We may have immediate answers to some of your questions, and we will always be honest about whether we think there has been negligent care or not. As part of the process, we also have access to independent medical experts, who can offer further insight as to what may have gone wrong in the care given to your child. 

Exploring your concerns with specialist legal advice can provide reassurance, helping you understand whether the outcome was unavoidable or whether further investigation may be needed.

Exhaustion  

The emotional exhaustion and added responsibility of caring for a child living with cerebral palsy, coupled with a reluctance to enter a process that feels unknown and complex, can create a sense of doubt about what you’ve experienced. But it is always important to follow your instincts and seek advice if you believe something has gone wrong. Legal support can help to define accountability, and support process change in a system that may be failing.

Fear of Blame and Judgement 

One of the biggest emotional barriers can be a feeling of guilt or heaviness – as sense that bringing forward a claim means accusing doctors or midwives of personal wrong-doing. This is naturally a difficult feeling to process, particularly when your medical professionals have likely been a positive part of your birth experience. But, medical negligence claims do not target individuals, they examine systems and decisions made about the care provided, to help identify a failing that can be reassessed for future patients.  

When a claim is made, they are managed by the NHS Resolution, who are responsible for making sure concerns are dealt with openly and reasonably. The legal investigation aims to establish an understanding of what happened during your care and why, the goal being to fix the issues moving forwards. In short, pursuing a claim can help improve the system for other mothers and families in the future. 

Injuries at birth can be life changing for children. Conditions such as cerebral palsy are lifelong. Children living with cerebral palsy often require additional round-the-clock care, cognitive support, sensory play, physiotherapy, speech and language therapy, occupational therapy, assistive technology and often require hoists to help with mobility and daily tasks coupled with having to be re-housed into more suitable single storey accommodation. This is a huge strain on families – both emotionally and financially. When investigating a cerebral palsy case, our goal is initially to define accountability, with the long-term objective to secure funds and help families access these additional resources, to ensure the best possible chance of a higher quality of life.

Uncertainty About What Happens Next 

The idea of a stressful and time-consuming legal battle after a birth injury can be off-putting, but the reality of making a cerebral palsy negligence claim is not as complicated as you might expect. Initially, you’ll have a conversation with a specialist solicitor to review what has happened. This is where you will share your story and ask any questions that may have been sitting at the back of your mind.  Following this, we will review your medical records and have independent experts assess the care you received and establish if the care was negligent or if there was anything the nurses or doctors could have done differently. Many claims are resolved without any involvement from the court.  

Making a birth injury compensation claim for cerebral palsy doesn’t have to be overwhelming with the right legal team. At Fletchers, it begins with simply asking questions and letting us help you.

Worries About the Financial Risk 

Most specialist firms handling cerebral palsy claims offer No Win No Fee arrangements. This means there are no upfront legal fees for you to pay when starting a claim with us. As well as this, legal costs are only payable if the claim is successful so you can rest assured that no win no fee agreements are perfectly safe. Before you formally agree to anything, the funding arrangement and any amount we might take should the clam be successful are explained clearly, so families understand exactly what to expect and can make informed decisions without added pressure.

The most important things to know about conditional fee agreements, or ‘no win no fee’ agreements, are:  

• There are no upfront fees  
• You only pay fees if your claim is successful  
• All costs that you might pay are clearly explained before the claim begins 

Compensation in birth injury claims is not about financial gain. Its purpose is to provide long-term security and support for your child and family. Compensation may include: 

• Funding for specialist care 
• Ongoing therapy,  
• Mobility equipment,  
• Funding for home adaptations,  
• Long-term support needed to help your child live as independently

Concerns About Time Limits 

Many parents worry they may have waited too long to seek legal advice, but this is often not the case. When considering a cerebral palsy claim time limit, it is important to know that the rules are different for children. 

While most medical negligence claims have a three-year time limit, for children this usually begins on their 18th birthday. This means a cerebral palsy claim can often be made up until age 21 and sometimes longer if the adult is deemed not to have capacity to manage their financial and legal affairs.  

Seeking advice early can provide clarity and reassurance, helping you understand your options and ensuring important time limits are not missed, even if you are still unsure about taking the next step.

The Emotional Impact of Advocacy 

Many parents are already managing the emotional and practical demands of caring for a child with cerebral palsy and their additional needs, so the idea of pursuing a legal claim can feel like an added stress that they simply don’t need. In reality, much of the work is handled by the legal team on your behalf. 

Our specialist solicitors will obtain medical records, instruct independent experts, and manage the legal process from start to finish. You and your family are not expected to gather complex evidence themselves, allowing you to focus on what matters most: your child and your family’s wellbeing. 

Trevor Ward, a Partner in our medical negligence team shares “It is understandable why parents are reluctant to seek legal advice; they feel as though they may have been let down by one profession and do not want to be concerned with another other. They have lots on their ‘plate’ with a newborn baby and with adjustments that have to be made by reason of their potential injury. They may have existing family members to look after, and a degree of continuity has to be maintained for their benefit. We hear this a lot. My own view is that it is better to seek advice when things are fresh in your memory about the events that occurred and the advice that was received and the actions that were taken at the time. Whilst the medical notes and records are important it is often the case that families are not listened to at the time that the events occurred. This is usually affected by are fading of the memory as time goes by. It is always extremely beneficial for the full story to be told at the earliest opportunity. Advice can then be given but there is no compunction in continuing or starting a claim unless you wish to do.”

Why Some Families Choose to Make a Cerebral Palsy Claim 

Families choose to pursue a NHS cerebral palsy compensation claim for many different reasons, but at its core, the decision to make a claim is often about securing the support they and their child needs. 

A cerebral palsy medical negligence claim can help families access specialist care and therapies, fund essential equipment and home adaptations, and provide long-term financial stability where a child may have lifelong care needs. As well as securing support for your child future, a legal claim can provide answers for parents who want a clear understanding of what happened to their child during birth. 

One family we helped was Michelle’s. Michelle came to Fletchers seeking answers about her grandson’s care. Whilst being transported by nurses, an oxygen tube became dislodged, resulting in no oxygen being supplied to Charlie’s brain for 45 minutes. 

Wanting to understand what had happened and ensure Charlie would have the support he needed long-term, she chose to pursue a claim with our specialist team. Through the legal process, we helped Michelle gain clarity around her experience and secure the financial support required to meet Charlie’s ongoing needs. For Michelle, making a claim was not about blame, but about planning for her child’s future and ensuring he had access to the care, therapies, and opportunities that could support his development and wellbeing.

How Legal Action Can Improve Maternity Care 

Legal action following a cerebral palsy diagnosis can have positive effects outside of your family. The failures in care found throughout your claim can help improve safety procedures improve maternity care for others.  

In many cases, NHS reviews and service improvements have been introduced after concerns were raised through legal investigations. By examining what happened and why, lessons can be learned that help reduce the risk of similar incidents in the future. 

For many families, pursuing a claim becomes part of a wider effort to improve patient safety, helping ensure better care for every birth, every baby, and every family.

Getting Help in Making a Cerebral Palsy Claim 

If you are considering a cerebral palsy claim, the first step is simply speaking with a specialist solicitor. An initial conversation allows you to share your experience and ask questions, followed by an early case review and a review of medical records to understand what may have happened. 

Our team specialises in complex birth injury claims and understands the sensitivity and care these cases require. Contact us today to speak to a specialist. Seeking advice does not mean you are committing to legal action, it is an opportunity to gain clarity, understand your options, and decide what feels right for your family.