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Can you sue for cerebral palsy?

You may be able to sue if your child developed cerebral palsy from a preventable mistake during childbirth. With a cerebral palsy lawsuit, you can get financial compensation to help you pay for your child’s treatment. A skilled attorney can make the legal process easier on you and your family. Learn how you can sue for cerebral palsy.

Who can sue for cerebral palsy?

Medical mistakes can cause injury to an otherwise healthy baby at any time before, during, or after childbirth. When these mistakes cause a child to suffer a brain injury, they can cause cerebral palsy.

Cerebral palsy affects a child throughout their life and can cause permanent disabilities and complications.

Any family who believes their child’s condition was caused by a mistake during childbirth may be able to sue for cerebral palsy.

Generally, there are two ways a cerebral palsy lawsuit can be filed:

  • On behalf of the injured child (child is considered the injured party and receives compensation)
  • On behalf of the parents for pain and suffering (parents receive financial compensation to help with medical expenses)

We can help you seek justice for cerebral palsy through a birth injury lawsuit. Call us now at (855) 220-1101.

You do not need a cerebral palsy diagnosis to get a legal case review.

Can you sue a doctor for cerebral palsy?

Baby in hands

$1 million Average payout for newborn medical malpractice lawsuits.

Yes. Medical malpractice lawsuits can be filed against individual physicians and nurses.

Doctors must follow proper standards of care to prevent birth injuries. If a doctor fails to recognize fetal distress, improperly uses birth and delivery tools, or commits another negligent act that results in an injury such as cerebral palsy, they can be found legally responsible.

If your doctor failed to diagnose and/or treat the problems that caused your child’s cerebral palsy, they may have committed medical malpractice.

Can you sue a hospital for cerebral palsy?

Yes. Medical malpractice claims can also be filed against a hospital or health care facility.

Hospitals are expected to follow proper policies and procedures to ensure a safe birthing process and prevent medical errors.

Hospitals must also hire medical staff with appropriate medical education, training, and licensing. The hospital can be held liable if one of their medical staff does not meet the requirements to practice.

Your child’s cerebral palsy may have been preventable.

Learn more about suing for medical malpractice.Contact us today!

Cerebral palsy and medical malpractice

Cerebral palsy is often caused by preventable medical mistakes during childbirth that may be considered medical malpractice.

Medical malpractice occurs when a hospital, doctor, or other health care professional causes injury to a patient through a negligent act, according to the American Board of Professional Liability Attorneys (ABPLA).

Examples of medical malpractice that may cause cerebral palsy include:

  • Failing to treat high blood pressure during pregnancy (preeclampsia)
  • Not detecting and treating prenatal infections and illnesses
  • Delaying or not performing an essential cesarean section (C-section)
  • Failing to detect fetal distress such as lack of oxygen (hypoxia)
  • Failing to properly monitor the baby’s heart rate during childbirth
  • Incorrectly using forceps, vacuum extractors, or other delivery tools
  • Missing problems with the umbilical cord and placenta
  • Failing to quickly clear a baby’s airways shortly after birth

If a medical error took place during the birthing process, you may be able to file a cerebral palsy lawsuit. Get your case reviewed for free now.

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Seek legal help to afford your child's cerebral palsy treatment.

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Cerebral palsy lawsuit process

Each case is unique, but most cerebral palsy lawsuits generally follow similar steps. An experienced cerebral palsy law firm can handle every step of the process for you.

  1. Case review: A free case evaluation is the first step in a cerebral palsy lawsuit. During your initial case review, a cerebral palsy lawyer will investigate the details of your case and determine if it’s strong enough to file a lawsuit.
  2. Evidence gathering: Once you agree to work with a cerebral palsy attorney, they will start gathering evidence related to your case. This might include maternal health records, imaging tests like X-rays and MRIs, and documents describing the events before, during, and after your child’s birth.
  3. Case filing: Your attorney will file an official complaint asking for financial compensation to pay for your child’s injuries. The defendants (the doctor and/or hospital) will have 30 days to respond.
  4. Response: The defendants’ lawyers will respond by either agreeing to pay a cerebral palsy settlement or denying that they are responsible for your child’s condition. If they refuse to reach a settlement, the case will go to trial. Very few cerebral palsy cases go to trial because of the time, risk, and cost involved.
  5. Discovery: Before the trial begins, your attorneys and the defendants’ lawyers will collect evidence to make their cases stronger before the trial begins. Your lawyer may collect testimonies from witnesses or medical experts to prove the defendants were negligent.
  6. Trial: During a trial, both parties will present their arguments to a judge or jury. Once both sides argue their case, the judge or jury will determine who wins the lawsuit. If the court rules in your favor, they will then decide how much compensation you are awarded.

Start the process now with a free case review or speak to one of our registered nurses today to learn more about getting a cerebral palsy diagnosis.

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Kristin Proctor, RN

Registered Nurse for 20+ Years

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When can you sue for cerebral palsy?

Two people meet with a lawyerYou may be able to sue for cerebral palsy right now. Each state has laws called statutes of limitations that state the amount of time you have to file a cerebral palsy claim.

It’s important to act quickly. The sooner you sue a doctor or health care provider for cerebral palsy, the faster you’ll be able to receive compensation if you have a valid claim.

A cerebral palsy lawsuit can help you:

  • Hold negligent medical professionals responsible for their actions
  • Achieve a sense of justice and peace for your family
  • Get the compensation your child will need for cerebral palsy treatment

Don’t wait: Reach out to us for a free legal consultation. Our team of caring patient advocates will listen to your story and get your child the help they need.

Get help filing a cerebral palsy lawsuit

Caring for a child who’s been diagnosed with cerebral palsy can be emotionally and financially overwhelming.

If your hospital or doctor failed to meet the proper standard of medical care during childbirth and it resulted in a lasting injury to your child, you have the right to seek compensation to cover medical bills and other expenses.

To get started, contact our team for a free case review. Our cerebral palsy attorneys never charge upfront or out-of-pocket fees, and they only get paid if they secure money for you.

Suing for cerebral palsy FAQs

Can medical malpractice cause cerebral palsy?

Yes, medical malpractice can lead to cerebral palsy. Cerebral palsy is often caused by brain injuries during delivery or birth complications such as a lack of oxygen.

If a medical professional fails to perform their duties during the birthing process, they may be to blame if a child develops cerebral palsy. Call (855) 220-1101 today so we can help determine if your child’s condition might have been caused by medical malpractice.

What medical mistake causes cerebral palsy?

In general, if a doctor or health care facility fails to monitor potential complications or makes an error that leads to a baby’s brain injury, they may be considered medically negligent.

Medical mistakes that can lead to cerebral palsy include waiting too long to perform a C-section, failing to monitor the baby’s heart rate, incorrectly using forceps or other birth-assisting tools, and more.

Contact our team to see if medical negligence played a part in causing your child's cerebral palsy.

Is cerebral palsy caused by negligence?

Yes, in some cases. Brain injuries that lead to cerebral palsy can be caused by medical negligence and mistakes that happened before, during, or shortly after the birthing process.

If you believe that your child’s cerebral palsy could have been prevented, a birth injury lawyer can evaluate your medical records for signs of medical negligence — at no cost to you.

Start the process right now with a free case review.

Is cerebral palsy the mom’s fault?

No. Although some parents may feel guilt about their child’s cerebral palsy diagnosis, this condition is usually caused by factors that are out of the mother’s control.

Our team of experts can help you figure out what caused your child’s cerebral palsy and take appropriate legal action on your behalf if necessary.

Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

Cerebral 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

  1. Bryden, D., & Storey, I. (2011, June 19). Duty of care and medical negligence. Retrieved July 8, 2024, from http://ceaccp.oxfordjournals.org/content/11/4/124.ful
  2. Centers for Disease Control and Prevention. (2022, May 2). What is cerebral palsy? Retrieved July 8, 2024, from https://www.cdc.gov/ncbddd/cp/facts.html
  3. Mayo Clinic. (2021, September 2). Cerebral palsy. Retrieved July 8, 2024, from https://www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999
  4. Ranum, D. (n.d.). Study of malpractice claims involving children. Retrieved July 8, 2024, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/