Our research: 1 in 14 cerebral palsy cases "could have been avoided" over the past 11 years

1. NHS trusts in England paid out more than £3.5 billion in damages across 1,300 cerebral palsy clinical negligence claims over the past 11 years; 
2. It is estimated that 1,700 children are diagnosed with cerebral palsy every year – with approximately 118 cases caused by failed maternity care;
3. NHS failings in relation to cerebral palsy have cost taxpayers an average of £362 million a year since 2012; 
4. We are highlighting the importance of medical negligence claims in funding vital aftercare and safeguarding patients. 

Our FOI request: what the data shows

Data from our recent Freedom of Information request, submitted to NHS Resolution, shows that 1 in every 14 cerebral palsy cases could have been avoided over the past 11 years.

Our data shows that between the financial years 2012/13 and 2022/23, NHS trusts settled 1,307 clinical negligence claims related to the lifelong condition – paying out £3.5 billion in damages, an average of £2.7 million per case, and £490 million in legal fees. 

Our data also reveals significant payouts by trusts recently under the spotlight for maternity wards that are falling below safety standards. 

Hitting headlines following the Ockenden review in 2022, Shrewsbury and Telford Hospital NHS Trust has reported 11 claims – with damages and legal fees surmounting to more than £16.5 million. 

University Hospitals of Morecambe Bay NHS Foundation Trust, which was also subject to an investigation following serious incidents in maternity services provided between January 2004 and 2013, reported 14 cases where babies suffered cerebral palsy or brain damage as a result of negligence during the 11 years. Damages paid to families total more than £31 million. 

Leaked emails highlighted issues at University Hospitals Sussex NHS Foundation Trust, which, according to our FOI data, paid out nearly £89 million in damages for cases of cerebral palsy or brain damage as a result of negligence in the past 11 years. 

Nottingham University Hospitals NHS Trust, which is currently undergoing an independent review, has paid out more than £38 million in damages for cerebral palsy or brain damage claims alone. The mistakes led to 16 babies being diagnosed with cerebral palsy. 

Comments from Robert Rose

Robert Rose, our Head of Medical Negligence  said: “One of the main causes of cerebral palsy is hypoxic brain injury during childbirth, which is where a baby’s brain gets starved of oxygen. Sometimes, this cannot be prevented or it is impossible to work out what caused the child’s injuries. 

“However, negligent mistakes by healthcare professionals can lead to a child sustaining a hypoxic brain injury. Errors can include delayed delivery, birth injuries, failing to respond to the umbilical cord being wrapped around a baby’s neck, and missing signs of foetal distress, such as meconium. 

“The regularity of maternity ward scandals in the press is alarming, yet wholly unsurprising; negligent injuries resulting in cerebral palsy should not take place and we know the lessons that should have been learned, but unfortunately time and time again, the same mistakes are made.” 

With no available cure, cerebral palsy is a lifelong condition that affects movement and co-ordination. Those living with the condition may face movement, walking and speech difficulties, learning disabilities, cognitive impairments, hearing or vision loss, epilepsy, spinal deformities and joint problems – requiring ongoing physiotherapy, speech therapy, occupational therapy and medication. 

In a survey of more than 1,000 women, we found that 8% of women said a healthcare professional had discriminated against them because of pregnancy or maternity, which more than doubled to 19.6% among women of colour. 

Robert said: “It’s crucial families have their voices heard and their concerns taken seriously in order to prevent issues, but also – should the worst happen – it’s imperative families do seek the compensation they need to provide the often expensive and essential equipment, care assistance, education, and home adaptations required to help their child live a fulfilling life.” 

According to cerebralpalsy.org.uk, approximately 1,700 children are diagnosed with cerebral palsy every year, meaning 1 in 14 of the estimated 18,700 new cases over the past 11 years were caused by negligent mistakes.