Personal Injury
Cerebral Palsy Lawyers
Have you been the victim of negligent medical treatment? Our specialised and experienced medical negligence lawyers will fight for the compensation you deserve.
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Cerebral Palsy Compensation ClaimsÂ
The birth of a child should be a time of joy and celebration. When cerebral palsy results from medical negligence during pregnancy, labour, or delivery, it fundamentally alters a child’s life and creates extraordinary challenges for the entire family that will last a lifetime.
Cerebral palsy due to medical negligence can occur in many ways. These preventable complications include failure to detect or respond to foetal distress leading to oxygen deprivation, delayed or inappropriate delivery methods such as forceps or vacuum extractors, failure to perform necessary Caesarean sections, inadequate monitoring during high-risk pregnancies, and untreated pregnancy issues like maternal infections and umbilical cord complications. Even routine deliveries can result in life-changing consequences when proper standards of care are not met.
Beyond the immediate impact on the child, cerebral palsy often requires lifelong medical treatments, intensive therapies, special education expenses, assistive technology, mobility aids, home modifications for accessibility, and round-the-clock care. The financial implications are extraordinary, often requiring substantial compensation over the child’s lifetime to provide appropriate support and opportunities.
At Stacks Goudkamp, we understand the profound impact cerebral palsy can have on your child and family. Our medical negligence lawyers have extensive experience helping families affected by birth-related cerebral palsy in securing the compensation they deserve and providing crucial financial resources to ensure the child’s lifetime needs are met.
If your child has cerebral palsy and you suspect medical negligence during pregnancy, labour, or delivery played a role, our specialists can help determine if you have grounds for a successful claim that will provide for your child’s extraordinary lifetime needs.
Contact your local team for a personal consultation to find out if you are eligible to make a claim. Call 1800 950 378 or contact us today.
Understanding Cerebral Palsy Claims
Every cerebral palsy claim in NSW is different, and most cases involve complex medical and legal considerations that must account for a child’s entire lifetime of needs.
The starting point in understanding whether you may have a cerebral palsy claim is to contact Stacks Goudkamp to discuss your individual circumstances.
Cerebral palsy claims are particularly challenging because they require establishing that the condition resulted from preventable medical negligence rather than natural causes or unavoidable complications. These cases can be difficult to prove without proper and considered legal investigation that examines detailed analysis of labour and delivery records, including cardiotocography (CTG), and expert review of the timing and mechanism of brain injury.
What makes these claims especially complex is that cerebral palsy is often diagnosed gradually over the first few years of life as developmental delays become apparent. Many families feel overwhelmed by the prospect of legal proceedings, but also recognise the critical importance of seeking financial compensation as early as possible to maximise effective treatment and rehabilitation for the child.
However, all obstetric professionals owe both mother and child a duty of care during pregnancy, labour, and delivery. If they breach this duty through preventable mistakes that cause brain injury leading to cerebral palsy, families may be entitled to substantial compensation for the child’s lifetime needs. Medical professionals must carry professional negligence insurance which is activated through a claim.
Even if cerebral palsy is mild, you may still be entitled to compensation if it resulted from medical negligence, as even mild cerebral palsy can result in pain and suffering compensation, ongoing therapy needs, special education requirements, and potential employment limitations in adulthood.
Why Choose Stacks Goudkamp For Your Cerebral Palsy Claim?
Our medical negligence lawyers have more than 40 years of experience representing families affected by cerebral palsy throughout NSW. We understand the unique challenges these cases present and the extraordinary impact that cerebral palsy can have on a child’s life and the entire family’s wellbeing and financial security.
We know that pursuing a cerebral palsy claim, while caring for a child with intensive needs, can feel overwhelming. Our compassionate team provides clear guidance through every step of the process, handling the complex legal aspects so you can focus on your child’s care, development, and family life.
Stacks Goudkamp has built an outstanding reputation in cerebral palsy claims. We work closely with internationally recognised experts in obstetrics, neonatology, and paediatric neurology who can precisely identify where care fell below acceptable standards and caused the brain injury leading to cerebral palsy. Our meticulous approach to gathering evidence and building compelling cases has resulted in numerous successful outcomes for families.
We understand that each cerebral palsy case is unique and requires comprehensive assessment of the child’s current and future needs across their entire lifetime. Whatever the case, we tailor our approach to your specific circumstances and your child’s particular requirements.
In most cases, we handle cerebral palsy claims on a No Win, No Fee basis. We advance all expenses related to your claim, including extensive expert medical reports and assessments, ensuring financial concerns do not prevent you from pursuing justice for your child. Our transparent fee structure means you will understand the process completely before proceeding.
If your child has cerebral palsy that may have resulted from medical negligence, contact Stacks Goudkamp today for a free, no-obligation consultation. Our experienced cerebral palsy lawyers will listen to your experience, provide an honest assessment of your case, and explain how we can help secure the substantial compensation your child deserves for their lifetime needs.
Nicole’s STORY
What was meant to be a routine hysterectomy for Nicole turned into years of operations, more than 100 hospital admissions, needing a permanent ileostomy bag to collect her faeces and being almost wheelchair bound. She went from being an assistant in nursing caring for others to having to accept that she needed to be cared for. Nicole was scared about bringing a medical negligence claim and that no one would believe her. Stacks Goudkamp had the privilege of helping Nicole and her husband through their journey. This is Nicole’s story.
Rosemarie's STORY
Rosemarie had problems following a hip replacement. Health professionals did not listen to her complaints. She felt vulnerable and scared. Finally, her sister-in-law took her to another surgeon and contacted Stacks Goudkamp.
Rosemarie was scared that no one would believe her, she was worried about how a medical negligence claim would affect the doctor. Rosemarie was worried about not being able to help her family. She was worried about everyone but herself despite being in chronic pain, unable to do basic activities.
We listened to Rosemarie and supported her through the journey of her successful medical negligence claim. This is Rosemarie’s story.
MAREE’S STORY
Maree lost one eye in a childhood accident. Despite this ‘handicap’ Maree enjoyed a full life. When she was in her 40s her GP referred her to an eye specialist. The eye specialist talked Maree into undergoing a corneal graft in her blind eye because he was very confident that he could restore her lost eye-sight. The eye specialist failed to warn Maree about the risk that the operation could result in losing vision in her good eye (Sympathetic Ophthalmia). This is Maree’s story.
Sam's STORY
Sam had symptoms of infection after a caesarean delivery which she reported to hospital staff before she was discharged home. Sam later developed sepsis requiring re-admission to hospital and further procedures. As many know, motherhood is rewarding but it can be scary and difficult. Despite her injuries, Sam found strength in her need to care for her newborn while overcoming the challenges of her medical predicament, caused through no fault of her own. Stacks Goudkamp feel privileged to have been part of Sam’s journey of healing through the legal process with the medical indemnity insurer. Watch Sam’s inspirational story.
FREQUENTLY ASKED QUESTIONS
CEREBRAL PALSY COMPENSATION
Cerebral palsy is a brain disorder that affects movement, posture, and coordination, and can be caused by brain damage occurring before, during, or shortly after birth. You may be able to claim compensation if cerebral palsy resulted from:
To establish a valid claim, you must prove that healthcare providers breached their duty of care through substandard obstetric or neonatal care, and that this breach caused or significantly contributed to your child’s cerebral palsy. At Stacks Goudkamp, our experienced cerebral palsy lawyers work with leading medical experts to carefully assess whether your child’s condition resulted from preventable medical negligence.
- Failure to detect or respond to foetal distress during labour and delivery leading to oxygen deprivation
- Delayed or inappropriate delivery methods such as forceps or vacuum extractors
- Failure to perform a necessary Caesarean (C- section) when necessary
- Inadequate monitoring during high-risk pregnancies
- Untreated pregnancy issues like maternal infections and umbilical cord issues
- Failure to treat maternal conditions to avoid risk of passing to baby during delivery
- Failure to diagnose and treat neonatal conditions
To establish a valid claim, you must prove that healthcare providers breached their duty of care through substandard obstetric or neonatal care, and that this breach caused or significantly contributed to your child’s cerebral palsy. At Stacks Goudkamp, our experienced cerebral palsy lawyers work with leading medical experts to carefully assess whether your child’s condition resulted from preventable medical negligence.
Proving that cerebral palsy resulted from medical negligence requires establishing a clear causal link between substandard care and the brain injury. This involves:
We gather evidence from various sources, including:
The pattern and location of brain damage can often indicate when the injury occurred, helping establish whether it was preventable with appropriate care. At Stacks Goudkamp, we work with internationally recognised experts in obstetrics, neonatology, and paediatric neurology who can determine whether the cerebral palsy resulted from negligent care.
- Detailed analysis of labour and delivery records, including cardiotocography (CTG)
- Expert review of the timing and mechanism of brain injury
- Assessment of whether warning signs were properly recognised and acted upon
- Evaluation of the appropriateness of medical interventions and their timing
- Review of neonatal care and early treatment decisions
We gather evidence from various sources, including:
- Complete obstetric and neonatal medical records
- Foetal heart rate monitoring and clinical notes
- Expert opinions from independent obstetricians, radiologists and neonatologists
- Brain imaging studies (MRI, CT scans) showing the pattern and timing of injury
- Birth weight and Apgar score records
- Hospital protocols and guidelines for managing complications
The pattern and location of brain damage can often indicate when the injury occurred, helping establish whether it was preventable with appropriate care. At Stacks Goudkamp, we work with internationally recognised experts in obstetrics, neonatology, and paediatric neurology who can determine whether the cerebral palsy resulted from negligent care.
Compensation for cerebral palsy typically covers extensive lifetime needs:
Cerebral palsy cases often involve substantial compensation amounts because they must account for lifetime care needs. The severity of cerebral palsy varies significantly – from mild cases requiring minimal support to severe cases requiring intensive, lifelong care. At Stacks Goudkamp, our cerebral palsy lawyers work with medical experts, care specialists, occupational therapists, and financial advisors to ensure all current and future needs are properly quantified and included in your claim.
- Pain and suffering and loss of enjoyment of life
- Past and future medical expenses, including specialist consultations and treatments
- Physiotherapy, occupational therapy, and speech therapy costs
- Special education expenses
- Assistive technology and communication devices
- Mobility aids, wheelchairs, and adaptive equipment
- Home modifications for accessibility
- Vehicle modifications and specialised transport
- Care and assistance needs, which may be lifelong and around-the-clock
- Lost earning capacity for the child’s future working life
- Funds management costs
Cerebral palsy cases often involve substantial compensation amounts because they must account for lifetime care needs. The severity of cerebral palsy varies significantly – from mild cases requiring minimal support to severe cases requiring intensive, lifelong care. At Stacks Goudkamp, our cerebral palsy lawyers work with medical experts, care specialists, occupational therapists, and financial advisors to ensure all current and future needs are properly quantified and included in your claim.
Time limits for cerebral palsy claims depend on who is making the claim:
For claims on behalf of children with cerebral palsy, the “discovery” of the cause of action for cerebral palsy involves understanding:
Cerebral palsy is often diagnosed gradually over the first few years of life as developmental delays become apparent, and the child commences schooling. We recommend seeking legal advice as soon as cerebral palsy is suspected or diagnosed, as early investigation preserves crucial evidence and allows for proper case preparation. It is essential that financial compensation is sought as early as possible, to maximise effective treatment and rehabilitation for the child. At Stacks Goudkamp, we can assess your specific situation and help determine the applicable time limits while ensuring all evidence is preserved.
- That the child has cerebral palsy
- That it was caused by medical negligence (not natural causes)
- That the injury is serious enough to justify making a claim
Cerebral palsy is often diagnosed gradually over the first few years of life as developmental delays become apparent, and the child commences schooling. We recommend seeking legal advice as soon as cerebral palsy is suspected or diagnosed, as early investigation preserves crucial evidence and allows for proper case preparation. It is essential that financial compensation is sought as early as possible, to maximise effective treatment and rehabilitation for the child. At Stacks Goudkamp, we can assess your specific situation and help determine the applicable time limits while ensuring all evidence is preserved.
Cerebral palsy can result from various causes, and not all cases involve medical negligence:
Natural/Non-negligent causes may include:
Negligence-related causes typically involve:
The key distinction is whether healthcare providers followed appropriate standards of care and responded reasonably to warning signs. Even when complications arise naturally, healthcare providers must respond appropriately to minimise harm. At Stacks Goudkamp, we work with medical experts who can distinguish between unavoidable natural causes and situations where different medical management could have prevented or minimised the brain injury leading to cerebral palsy.
Natural/Non-negligent causes may include:
- Genetic abnormalities or chromosomal disorders
- Spontaneous premature labour that couldn’t be prevented
- Unavoidable complications despite appropriate care
- Maternal infections that were properly treated but still affected the baby
- Stroke or bleeding in the baby’s brain from natural causes
Negligence-related causes typically involve:
- Failure to respond appropriately to foetal distress signals and delivery the baby earlier than occurred.
- Delayed delivery when emergency intervention was clearly indicated
- Mismanagement of labour complications
- Failure to diagnose and treat maternal conditions affecting the baby
- Inappropriate use of delivery instruments
The key distinction is whether healthcare providers followed appropriate standards of care and responded reasonably to warning signs. Even when complications arise naturally, healthcare providers must respond appropriately to minimise harm. At Stacks Goudkamp, we work with medical experts who can distinguish between unavoidable natural causes and situations where different medical management could have prevented or minimised the brain injury leading to cerebral palsy.
Yes, you may have a valid claim even if your child’s cerebral palsy is considered “mild.” The severity of the condition doesn’t determine whether negligence occurred – rather, it affects the amount of compensation.
Even mild cerebral palsy can result in:
The key factors are whether the cerebral palsy resulted from preventable medical negligence and what impact it has on your child’s life and future opportunities. At Stacks Goudkamp, we assess each case individually, regardless of the severity of the cerebral palsy. Our experienced lawyers understand that even mild cases can have significant long-term implications for a child’s development and future opportunities.
- Paion and suffering compensation
- Ongoing physiotherapy and occupational therapy needs
- Special education requirements
- Adaptive equipment and assistive technology
- Potential employment limitations in adulthood
- Ongoing medical monitoring and treatment
- Psychological support for the child and family
The key factors are whether the cerebral palsy resulted from preventable medical negligence and what impact it has on your child’s life and future opportunities. At Stacks Goudkamp, we assess each case individually, regardless of the severity of the cerebral palsy. Our experienced lawyers understand that even mild cases can have significant long-term implications for a child’s development and future opportunities.
Cerebral palsy compensation claims typically take between 3 and 5 years to resolve, though this timeframe can vary based on:
Cerebral palsy cases often take longer than other medical negligence claims because:
At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation your child deserves. We keep you regularly updated on progress and expected timeframes throughout the process.
- The complexity of determining causation and timing of brain injury
- Whether liability is disputed by healthcare providers
- The severity of the cerebral palsy and its long-term implications
- The need for multiple expert opinions from various specialists
- The time required to fully assess the child’s developmental needs
- Court schedules if litigation becomes necessary
Cerebral palsy cases often take longer than other medical negligence claims because:
- The full extent of the child’s limitations may not be apparent for several years
- Multiple specialist assessments are typically required
- The stakes are higher due to lifetime care needs
- Legal representatives must ensure any settlement adequately covers all future needs
At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation your child deserves. We keep you regularly updated on progress and expected timeframes throughout the process.
Yes, independent medical examinations by experts will likely be required for your cerebral palsy claim. These examinations serve important purposes:
The examinations are typically conducted by:
We understand these examinations can be stressful for both children and parents. At Stacks Goudkamp, we work to minimise the number of examinations required and ensure they’re conducted by experienced, child-friendly practitioners. We prepare families for what to expect and can arrange for examinations to occur in familiar environments when possible.
- Confirming the diagnosis and severity of cerebral palsy
- Assessing current functional limitations and capabilities
- Determining future care and treatment needs
- Evaluating the child’s developmental prognosis
- Quantifying the impact on the child’s quality of life
The examinations are typically conducted by:
- Paediatric neurologists to assess neurological function
- Physiotherapists, occupational therapists and other allied health experts to assess requirements
- Neuropsychologists to evaluate cognitive function where relevant
We understand these examinations can be stressful for both children and parents. At Stacks Goudkamp, we work to minimise the number of examinations required and ensure they’re conducted by experienced, child-friendly practitioners. We prepare families for what to expect and can arrange for examinations to occur in familiar environments when possible.
At Stacks Goudkamp, in most cases, we handle most cerebral palsy claims on a No Win, No Fee basis, meaning:
Cerebral palsy claims often require substantial investment in expert reports and assessments, which can be very costly. Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding these expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already challenging time. During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding.
- You pay no upfront legal costs
- We fund all expenses during your claim, including extensive expert medical reports and assessments
- Legal fees to us are only payable if your claim is successful
- A percentage of your legal costs will be recovered from the insurer if your claim succeeds
Cerebral palsy claims often require substantial investment in expert reports and assessments, which can be very costly. Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding these expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already challenging time. During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding.
Compensation for children with cerebral palsy requires careful management and protection:
Legal Protections:
Financial Management Options:
Benefit Considerations:
At Stacks Goudkamp, we work with specialised financial advisors and disability trust experts to ensure your child’s compensation is structured optimally. We help you understand how compensation interacts with government support and develop strategies to ensure your child’s long-term financial security and care needs are met.
Legal Protections:
- Court approval is required for settlements
- Funds are typically held in trust
- The Court ensures the settlement adequately provides for the child’s lifetime needs
Financial Management Options:
- Professional trustee/manager arrangements to manage funds responsibly
- Investment strategies designed for long-term disability support
Benefit Considerations:
- Compensation may affect eligibility for means-tested government benefits
- Proper structuring can minimise impacts on NDIS and other support
- Professional advice ensures optimal coordination between compensation and benefits
At Stacks Goudkamp, we work with specialised financial advisors and disability trust experts to ensure your child’s compensation is structured optimally. We help you understand how compensation interacts with government support and develop strategies to ensure your child’s long-term financial security and care needs are met.
MEET THE TEAM
Tom Goudkamp OAM
Chairman
Tom is an Accredited Specialist in Personal Injury Law. He has had over 40 years of experience successfully acting for seriously injured accident victims.
Karina Goodall
Principal
Karina has been a pivotal part of the team since 2014. Leading one of the firm’s five practice groups, Karina has a broad and deep background in personal injury law, cultivated through nearly two decades of experience across various firms in Greater Sydney.
Sally Gleeson
General Counsel
Sally has over 25 years of experience in the field of personal injury law and has developed an extensive legal portfolio, having represented people from all walks of life.
WHAT CAN I CLAIM COMPENSATION FOR?
Being a victim of medical negligence can have a severe impact on your life and financial position. If you have been injured due to negligent medical treatment you may be entitled to claim compensation.
It is important to understand that compensation is awarded for the way you are worse off as a result of the medical negligence, and not just for the fact that negligence occurred. For this reason, Stacks Goudkamp will take the time to understand your circumstances before, and after the medical incident so that we can better craft your claim for compensation.
Once we truly understand your personal, family, and working circumstances we can maximise the compensation that you can claim under the various heads of damages that are available. In NSW damages for medical negligence claims are assessed under the Civil Liability Act 2002 (NSW).
These include allowances for actual losses, including both past and likely future losses.
Such as:
The Stacks Goudkamp way
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Reach Out
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
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We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
Free Initial Consultation
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
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Here, we will explain the next steps and what it takes to achieve the best possible outcome.
No Win, No Fee
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
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We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
CONTACT US
Contact your local team for a free consultation to find out if you are eligible for compensation
Our Office Locations
- Sydney CBD
Medical Negligence Lawyers - Liverpool
Medical Negligence Lawyers - Parramatta
Medical Negligence Lawyers - Rockdale
Medical Negligence Lawyers - Blacktown
Medical Negligence Lawyers - Sutherland Shire
Medical Negligence Lawyers - Wollongong
Medical Negligence Lawyers - Central Coast
Medical Negligence Lawyers - Newcastle
Medical Negligence Lawyers - Canberra
Medical Negligence Lawyers - Dubbo
Medical Negligence Lawyers
I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.
