What is a cerebral palsy lawsuit?
A cerebral palsy lawsuit is a type of medical malpractice claim filed against the medical professionals that caused your child’s condition.
Health care providers are expected to uphold a standard of care and deliver your child safely. If they do not, your child could suffer severe injuries that can cause cerebral palsy, which is a lifelong disability. These doctors may have committed medical malpractice and should be held legally accountable.
- Detect and treat maternal infections during pregnancy
- Identify and manage any risk factors during pregnancy
- Perform a medically necessary C-section (cesarean section)
- Respond to signs of fetal distress, such as oxygen deprivation
- Treat severe jaundice in a newborn
- Use delivery tools properly, such as forceps or vacuum extractors
If you believe your child developed cerebral palsy due to medical negligence, a birth injury lawyer may be able to file a lawsuit on your behalf. Speak with one of our caring team members to learn if you may qualify for financial compensation.
Why should I file a cerebral palsy lawsuit?
Through a cerebral palsy lawsuit, you can pursue compensation to help pay for the medical care your child needs. These funds can be used to pay for past and future expenses.
40%
of families of children with special needs experience financial burdens
Most cases of cerebral palsy require specialized care to manage symptoms throughout a person’s life. Many families often struggle to afford their child’s cerebral palsy treatment.
About 40% of families of children with special needs experience financial burdens due to their child’s condition, according to a study from Massachusetts General Hospital.
As of 2024, the estimated lifetime cost of caring for an individual with cerebral palsy is over $1.6 million (adjusted for inflation), according to the Centers for Disease Control and Prevention (CDC).
Financial compensation from a cerebral palsy lawsuit can help pay for:
- Assistive devices
- Medications
- Mobility aids
- Occupational therapy
- Physical therapy
- Special education costs
- Speech therapy
- Surgery
- Transportation equipment
- Other medical treatment costs
In addition to alleviating any financial burden, cerebral palsy lawsuits can help your family feel a sense of justice. Lawsuits can hold medical professionals accountable for their mistakes that caused your child to develop cerebral palsy.
Cerebral palsy lawsuits also bring birth injuries and negligent doctors to the attention of other parents. New or expecting parents may be warned about the risks of doctors, nurses, or hospitals that do not provide quality care.
When CP is caused by a medical mistake, financial support may be available. Learn how a cerebral palsy lawsuit can help families pay for lifelong care. View Transcript.
Duration: 1 min 03 sec
Cerebral palsy is a condition that can affect how kids move and communicate. Sometimes, babies develop cerebral palsy because of mistakes made during their birth that could have been prevented.
Sometimes, doctors or nurses can make mistakes during childbirth that can damage the baby's developing brain and cause cerebral palsy.
If your child’s disability was caused by a hospital or medical professional’s negligence, you may be able to file a cerebral palsy lawsuit with the help of a birth injury lawyer. Compensation from a cerebral palsy lawsuit can be used to help pay for the treatment your child will need throughout their lifetime.
The team at Cerebral Palsy Guide knows how challenging it can be to take care of a child with cerebral palsy. The emotional toll is even more taxing when you think the condition may have been prevented.
We're here to help you and your family. If you believe your child developed cerebral palsy after a mistake made during the birthing process, contact us right away for a free, confidential case review.
Cerebral palsy and medical malpractice
It's important to note that not all cases of cerebral palsy are due to medical negligence. Many instances of the condition occur without any identifiable fault from health care providers.
That said, many cases of cerebral palsy could have been avoided and result from medical malpractice during childbirth. This occurs when doctors, midwives, and nurses fail to uphold the standard of care, leading to brain damage in newborns.
Families affected by cerebral palsy who suspect medical malpractice may be able to access compensation for medical expenses and ongoing care.
Speak with one of our labor and delivery nurses if you believe your child is showing symptoms of cerebral palsy. They can help determine if your child’s condition stems from medical negligence.
Connect with a registered nurse now.
Steps to file cerebral palsy lawsuits
Although each case may differ, cerebral palsy lawsuits will generally follow similar steps. Learn about the process that many cases follow below.
1. Free case review
During your free case review, a patient advocate will gather information regarding your child’s injury and connect you with a cerebral palsy lawyer if you have a case.
It is important to note that you do not need a cerebral palsy diagnosis to get a free case review. Skilled birth injury attorneys will have the resources to determine if your child’s symptoms could be an indication of cerebral palsy.
2. Gather evidence
Your cerebral palsy attorney will gather the documentation needed to show that negligence by the medical professionals caused cerebral palsy.
Evidence in cerebral palsy lawsuits may include:
- Diagnostic reports that show your child has cerebral palsy or symptoms of the condition
- Documentation outlining any complications and co-existing conditions
- Imaging tests, such as x-ray, computed tomography (CT scan), and magnetic resonance imaging (MRI)
- Maternal health records outlining any risk factors during pregnancy
- Medical records detailing the events before, during, and shortly after birth
3. File the lawsuit
After collecting solid evidence, your cerebral palsy attorney will file a lawsuit in the appropriate court system. Once the lawsuit is filed, you become the plaintiff, and the doctor, nurse, and/or hospital that delivered your child becomes the defendant.
Your lawyer will request financial compensation to pay for your child's injuries, and the defendants will have around 30 days to respond. If the defendants refuse to pay, the lawsuit will continue.
4. Discovery
Legal teams from both parties will work to gather more evidence to support their arguments.
During the discovery phase, your lawyer may collect testimonies from witnesses or medical experts to prove the defendants were negligent with their care.
5. Settlement vs. Trial
Cerebral palsy lawsuits either end in a settlement or a trial verdict, with most settling out of court. In a settlement, the defendants agree to pay a lump sum to the plaintiff. The lawsuit then ends without a trial in court.
If both parties cannot agree to a cerebral palsy settlement, the case may proceed to a trial where both parties argue their cases to a judge or jury. Trials can be risky because if the court finds the defendant not guilty, you will not win any compensation at all.
Only a small percentage of cerebral palsy cases go to trial since they are costly, risky, and can add a significant amount of time to the lawsuit process. Thankfully, skilled cerebral palsy attorneys can build a strong case if a trial does occur.
Cerebral palsy lawsuit settlements and verdicts
Cerebral palsy lawsuit settlements can vary depending on a variety of factors. Settlement amounts are often calculated by the type of cerebral palsy, severity of the condition, estimated medical costs, and geographical location.
In 2023, a Pennsylvania jury awarded nearly $183 million to the family of a child whose cerebral palsy was linked to a delayed C-section.
The average medical malpractice lawsuit settlement for cases involving children under one month old is about $1 million, according to a study from The Doctors Company (a medical malpractice insurance provider).
- $14 million Illinois family
- $10.47 million Pennsylvania family
- $9 million Alaska family
- $8 million New York family
- $7.8 million Florida family
- $4.3 million California family
Your birth injury lawyer will work with you to determine the value of your cerebral palsy lawsuit and how much compensation you can expect to receive.
Get a free case review right now to see if you can pursue a cerebral palsy lawsuit settlement.
Cerebral palsy lawsuit statute of limitations
In cerebral palsy lawsuits, the statute of limitations is the deadline for when a legal claim must be filed. These deadlines vary by state and depend on the specific circumstances of the case. However, they are strict and should be taken seriously.
These time limits start from the date the injury is discovered, often when a baby is born for birth injury cases. This is particularly relevant in cerebral palsy cases, as the condition might not be diagnosed immediately after birth.
Navigating the statute of limitations that applies to your specific case requires specialized legal knowledge, making it essential to consult with an experienced cerebral palsy lawyer.
Missing your deadline can result in losing your right to take legal action, so don’t wait.
File your cerebral palsy lawsuit today
Cerebral palsy can put a huge emotional, physical, and financial strain on families. Thankfully, a cerebral palsy lawsuit can help ease some of these burdens by securing compensation to cover medical bills and provide the best life for your child.
Cerebral palsy lawsuits can also hold negligent health care providers responsible for their medical mistakes. Doctors, nurses, and other medical professionals are trained to safely deliver babies and prevent complications that may lead to brain injury and cerebral palsy. When they fail to do so, families should not be left to face the consequences alone.
If you believe your child’s condition could have been prevented, you may be entitled to financial compensation through a cerebral palsy lawsuit.
Call the patient advocates at Cerebral Palsy Guide right now at (855) 220-1101 or get a free case review to see if you qualify to take legal action.
