Cerebral Palsy Medical Malpractice: Q&A With Sokolove Law Attorney Ricky LeBlanc
When a child has cerebral palsy (CP), parents may have questions about what caused it and whether a medical mistake may have played a role. Proving medical malpractice can be complicated, especially when hospitals say that the condition was unavoidable or caused by something else.
Attorney Ricky LeBlanc is a cerebral palsy lawyer at Sokolove Law, one of the nation’s leading firms helping families affected by preventable CP and other birth injuries.
As of 2026, Sokolove Law has recovered over $1.1 billion in birth injury lawsuit compensation for families across the country.
Ricky sat down with the Cerebral Palsy Guide team once again to explain what lawyers look for when negligence may have caused a child’s cerebral palsy.
Hear how an experienced lawyer for cerebral palsy can find answers in medical records, identify the evidence that matters most, and determine whether families may have a case.
Q: Can cerebral palsy be caused by a birth injury?
A: Yes. Cerebral palsy can be caused by a birth injury when something goes wrong during labor, delivery, or shortly after birth and the baby’s brain is damaged.
One of the most common things we look at is whether the baby went without enough oxygen and, if so, whether the medical team recognized the warning signs and responded quickly enough.
A delayed C-section, failure to respond to fetal distress, or another preventable medical mistake can sometimes lead to the type of brain injury associated with cerebral palsy.
Not every case of cerebral palsy is caused by malpractice, but families deserve to know what may have caused their child’s condition.
Q: Can medical malpractice cause cerebral palsy after a baby is born?
A: Yes. Medical malpractice can cause cerebral palsy after birth if a preventable mistake in newborn care leads to brain damage.
Some causes of cerebral palsy after birth include serious infections like meningitis, untreated jaundice, or other conditions that damage the developing brain.
If doctors or nurses miss warning signs or delay treatment, a preventable brain injury can occur after an otherwise safe delivery.
Q: How do lawyers determine what caused a child’s cerebral palsy?
A: There are many possible cerebral palsy causes, so we look for evidence showing when the brain injury occurred and what may have led up to it.
We review records from pregnancy, labor, delivery, and the newborn period with medical experts. Signs of fetal distress, oxygen loss, bleeding in the brain, or delayed treatment can help us piece together what happened.
The key is not just finding a medical mistake. We have to show how that mistake caused or contributed to the child’s brain injury and cerebral palsy.
Q: Why is it important to seek compensation when medical negligence causes cerebral palsy?
A: Many families are not prepared for how much care a child with severe cerebral palsy may need over a lifetime. Costs can include therapy, medical equipment, specialist care, home modifications, transportation, and in-home care. A parent may also have to reduce work hours or leave a job.
A lawsuit is not about saying a doctor is a bad person. It is about making sure the family is not left paying for a lifetime of care after a preventable medical mistake.
At Sokolove Law, our cerebral palsy settlements and trial verdicts have averaged about $2.5 million, though amounts will naturally vary from family to family.
Families should be careful about accepting an early settlement that may not cover future care. A lawyer can estimate the child’s future costs, so the settlement reflects what they may need over a lifetime.
Once a case is settled, you generally cannot go back for more money. That’s why we fight for the full compensation the evidence supports.
Q: What has to be proven in a cerebral palsy medical malpractice case?
A: In a cerebral palsy medical malpractice case, we generally have to prove two things: that the medical team failed to provide the accepted standard of care and that this failure caused or contributed to the child’s injury.
That means showing more than something went wrong. We look at what the doctors and nurses knew at the time, what they should have done, and whether acting differently could have prevented the brain injury.
A bad outcome alone is not malpractice. The evidence has to show both a preventable medical failure and a connection between that failure and the child’s cerebral palsy.
Q: What does the 'standard of care' mean in a cerebral palsy malpractice case?
A: The standard of care is basically the level of care that a reasonably skilled medical professional should provide in the same situation.
In a cerebral palsy case, we look at what the doctors and nurses knew, what the accepted medical response should have been, and whether they acted appropriately.
For example, if fetal monitoring showed a baby was in distress, the question may be whether the medical team responded quickly enough.
The standard of care gives us a benchmark for deciding whether the medical team did what they were supposed to do when it mattered most.
Q: Can parents still sue for cerebral palsy if they don’t know what caused their child’s condition?
A: Yes. Parents do not need to know exactly what caused their child’s cerebral palsy before exploring their legal options.
Part of a cerebral palsy lawyer’s job is to investigate the cause and prove the case. We can review the medical records and work with medical experts to determine if a preventable mistake may have caused a baby’s injury.
Q: What evidence can show that a medical mistake caused a child’s cerebral palsy?
A: The strongest evidence usually comes from the medical records and the experts who know how to interpret them. We may look at fetal monitoring strips, delivery records, and brain imaging for signs that a baby was in distress or injured.
We also look at the timing. If the records show clear signs of fetal distress followed by a delayed response and then evidence of brain injury, that sequence can be very important.
Medical records can turn a difficult birth story into a timeline of what the medical team saw, what they did, and whether they acted soon enough.
Q: What happens when a hospital argues that a child’s cerebral palsy was unavoidable?
A: That is a common defense, and it does not end the investigation. We look at the medical evidence to see whether the child’s cerebral palsy truly was unavoidable or whether appropriate care could have changed the outcome.
If the hospital says the injury happened before labor or resulted from another medical condition, the records need to support that explanation.
Calling an injury unavoidable does not make it unavoidable. If the evidence shows missed warning signs or delayed care, that defense can fall apart.
Q: When should parents talk to a lawyer if they suspect their child’s cerebral palsy may have been caused by medical malpractice?
A: Parents should talk to a lawyer as soon as they have reason to suspect that a medical mistake may have contributed to their child’s cerebral palsy.
These cases can take time to investigate, and every state has its own legal deadline for filing a medical malpractice claim. Starting early gives your legal team more time to obtain records, consult medical experts, and determine what happened.
You do not need to prove malpractice before calling a lawyer. You call a lawyer to find out whether there is evidence of malpractice.
Q: What do you wish more parents knew about cerebral palsy and medical negligence?
A: I wish more parents knew that they do not have to accept that “sometimes these things just happen” as the final answer.
Cerebral palsy is not always caused by medical negligence, but families have every right to ask questions when something does not make sense.
Hospitals are not always going to tell parents that a mistake may have contributed to their child’s injury. Sometimes it takes an independent review of the records to understand what really happened.
Parents do not need a doctor or hospital to admit a mistake before they start looking for answers.
Get Help From a Lawyer for Cerebral Palsy
At Cerebral Palsy Guide, we work with a nationwide network of experienced CP lawyers like Ricky LeBlanc to help families better understand what may have happened when a preventable medical mistake is suspected.
Our trusted legal partners have recovered more than $1.1 billion for families seeking justice and financial support for their child’s care.
Proving cerebral palsy medical malpractice can be complex, but experienced lawyers know what evidence to look for and how to determine whether negligence may have played a role.
If you believe medical mistakes may have caused your child’s cerebral palsy, call (855) 220-1101 or get a free case review right now.
Written by:Cerebral Palsy GuideCerebral Palsy Guide was founded upon the goal of educating families about cerebral palsy, raising awareness, and providing support for children, parents, and caregivers affected by the condition. Our easy-to-use website offers simple, straightforward information that provides families with medical and legal solutions. We are devoted to helping parents and children access the tools they need to live a life full of happiness
