Clinical negligence cases in England involving cerebral palsy have cost the NHS £2.3bn in damages and legal costs over the past five years, according to data obtained by Medical Negligence Assist through the Freedom of Information Act.
Between 2019 and 2023, NHS Resolution settled 575 claims related to cerebral palsy, with payouts covering damages, claimant legal costs, and the NHS’s own legal expenses.
In total, there were 1,118 clinical negligence claims during this period for cerebral palsy or brain damage.
Root causes of negligence
The leading causes of these claims included delayed or failed treatment; failure to monitor foetal heart rates; and mismanagement during the second stage of labour.
Cerebral palsy, a lifelong condition that affects movement and coordination, is typically caused by problems with brain development in the womb or brain damage during or shortly after birth. Symptoms range from mild mobility issues to severe disability, requiring extensive care and support.
Legal costs and impact
Mid and South Essex NHS Foundation Trust faced damages of £68.5m, the highest among trusts. Barts Health NHS Trust recorded the most claims (35) and settled the highest number (18). University Hospitals Sussex NHS Foundation Trust accounted for the highest combined total cost, with damages and legal fees amounting to £77.8m.
The NHS spent £70m on its own legal representation and £191m on claimant legal costs – an astonishing figure given the already well-established financial burdens placed on the NHS.
Gareth Lloyd, a solicitor specialising in clinical negligence, emphasised the transformative impact of compensation on families’ lives: “The consequence of clinical negligence for the individual is catastrophic, but the effect on families is equally severe … Compensation will not put people in the position they would have been if the hospital had not made mistakes, but it will help to make their reality a bit more bearable.”
For instance, Lloyd recounted the case of one mother who, previously living in a bedsit with her severely disabled child, was able to relocate to a more appropriate home after her hospital admitted liability.
In another case, a client who lacked professional care secured 24-hour support following a successful claim. “Without these cases, these families would still be living in entirely inappropriate conditions with little to no care,” Lloyd said.
Comments