What is cerebral palsy medical malpractice?
Cerebral palsy medical malpractice occurs when a doctor, hospital, or other health care professional causes the condition through negligence during the birthing process.
A cerebral palsy malpractice claim must show that:
- The medical professional had a duty to provide care
- Their actions fell below the accepted standard of care
- Negligence directly led to the child’s cerebral palsy
Families often have unanswered questions after a CP diagnosis, and in some cases, health care providers try to hide their mistakes.
Watch our short video to learn more about cerebral palsy malpractice.
Learn how medical malpractice can lead to cerebral palsy that could have been avoided. If your child was harmed, you may be able to access financial aid. View Transcript.
Duration: 1 min 14 sec
Medical malpractice can take many forms, including failures that should never happen. Sadly, when these failures occur during childbirth, the results can be catastrophic, causing cerebral palsy that could have been prevented with proper care. These failures can include:
Failure to detect and properly treat infections, putting innocent lives at risk.
Fetal distress should never go unnoticed, denying babies the vital oxygen they need.
Failure to schedule or perform a necessary cesarean section, endangering both the baby and the mother.
Failure to detect a prolapsed umbilical cord, a dangerous situation that demands immediate attention.
Improper use of delivery tools, like vacuum extractors and forceps, causing irreversible harm.
At Cerebral Palsy Guide, we understand the devastation that arises when preventable medical mistakes during childbirth lead to cerebral palsy. Our dedicated team is here to fight for justice on behalf of families like yours.
Contact us today. We're here to help you and your family.
Our trusted legal partners have helped families affected by birth injuries secure over $1 billion, including cases of cerebral palsy medical negligence. We can help in all 50 states — no matter where you live.
Get a free case review right now to see if you may be eligible for compensation.
Cerebral palsy caused by medical negligence
Brain damage causing cerebral palsy can result from medical errors that occur before, during, or shortly after birth.
Examples of cerebral palsy medical malpractice include:
- Delayed response to fetal distress, like oxygen deprivation (hypoxia)
- Failure to perform a timely cesarean section (C-section)
- Improper management of infections such as meningitis or sepsis
- Missed diagnosis of umbilical cord prolapse (cord drops before delivery)
- Misuse of delivery tools, including forceps or vacuum extractors
If you believe your child’s condition could have been prevented, you may be able to pursue compensation through a medical malpractice lawsuit.
We have a team of on-staff labor and delivery nurses with decades of combined experience. They’re here to listen to your story and help determine if cerebral palsy medical malpractice played a role.
Connect with a registered nurse today — free of charge.
What is a cerebral palsy lawsuit?
A cerebral palsy lawsuit is a medical malpractice claim filed against health care providers whose negligence caused a child’s condition.
Through a cerebral palsy medical malpractice lawsuit, families may pursue compensation to cover therapies, treatments, and other lifelong care needs.
"On average, we secure around $2.5 million for clients affected by cerebral palsy. There's no guarantee, of course, but we're often able to reach successful outcomes for families — payouts that reflect the serious and ongoing care children with conditions like cerebral palsy often need."
— Ricky LeBlanc, cerebral palsy lawyer
CP lawsuits generally begin with a free case review, followed by gathering evidence, filing the claim, and pursuing a cerebral palsy medical malpractice settlement.
Get your free case review now.
Cerebral palsy lawsuit settlements
A cerebral palsy medical malpractice settlement is a negotiated payout between families (plaintiffs) and medical providers, facilities, or insurers (defendants).
Most cerebral palsy settlements occur outside of court, though some are reached during trial. Settling can shorten the process and provide quicker access to compensation.
Cerebral Palsy Guide partners with some of the best cerebral palsy medical malpractice law firms in the country. Together, they’ve recovered over $1 billion for families affected by birth injuries.
- $10.5 million for a Missouri family
- $9 million for the family of a 5-year-old in Colorado
- $8 million to a family in North Carolina
- $7.8 million for a Florida child who was injured at birth
- $6.5 million for a Washington child for delayed delivery and oxygen loss
- $5.6 million for the family of a child in Utah
- $5.5 million to an Oklahoma family
- $4.1 million for a New Jersey child who experienced fetal distress
- $4 million for a family in Arizona
- $3.35 million for a New Hampshire family
- $2.4 million on behalf of a child in Massachusetts
- $5.9 million to a child who received delayed medical care in Texas
- $6 million to a New York child who developed CP from untreated jaundice
- $7 million to the family of an Illinois child
- $8.8 million to an Ohio family whose child experienced severe fetal distress
- $10.4+ million to a Pennsylvania family
If medical mistakes may have caused your child’s condition, your family may be entitled to similar cerebral palsy medical malpractice compensation.
Call us at (855) 220-1101 or Click to Live Chat to see if you may qualify — free of charge.
Can a hospital cause cerebral palsy?
Yes, a hospital can be held liable for cerebral palsy medical malpractice. Cerebral palsy legal claims are often filed against multiple defendants, including individual physicians and the hospital itself.
Hospitals are expected to maintain policies and practices that prevent harm and provide patients with a safe, sterile environment.
"Not every hospital around the country has strong policies and procedures in place, and when those safeguards aren’t followed, it can result in severe injury."
Hospitals are also responsible for hiring staff with the proper medical education, training, and licensing. They may be held legally accountable if a staff member does not meet the requirements to practice.
In addition, hospitals can be liable if a birth injury occurs because there were not enough qualified medical professionals on duty to keep patients safe.
Cerebral palsy symptoms
Children who sustain birth trauma have a higher risk of developing conditions related to permanent neurological damage, such as cerebral palsy. However, signs of cerebral palsy in babies don’t always show up right away.
"Early signs of a birth injury that could lead to cerebral palsy include seizures, very tight muscles (hypertonia) with stiff or uneven movement, or being unusually floppy."
— Kristin Proctor, on-staff registered nurse
Parents and caregivers should watch for possible signs of brain injury, like hypoxic-ischemic encephalopathy (HIE), that may lead to CP.
Signs of newborn brain damage that could lead to CP include:
- Arched back while crying
- Excessive drooling
- Hands curled into a claw
- High-pitched crying
- Low heart rate
- Low oxygen levels
- Muscle stiffness or looseness
- Seizures
- Sensitivity to light
- Weak or absent reflexes
These may be early signs of cerebral palsy or other types of brain damage, some of which could have been prevented with proper medical care.
If you’re concerned your child may be showing early signs of cerebral palsy, connect with one of our nurses now — there’s never any cost to talk with our team.
Kristin Proctor, RN
Registered Nurse for 20+ Years
How can a cerebral palsy claim help me?
Compensation from a successful cerebral palsy medical malpractice claim can help cover lifetime care for your child.
Watch our short video to learn more about how filing a cerebral palsy medical malpractice claim can help your family.
Learn what types of medical negligence can cause cerebral palsy and how to pursue financial compensation for your child’s treatment. Call us for legal help today at (855) 220-1101. View Transcript.
Duration: 1 min 29 sec
Cerebral palsy, or CP, is a lifelong condition that can require constant care and treatment.
It is also expensive. “How expensive?” you may ask.
Between therapy, medications, and special home accommodations, the CDC estimates that the lifetime cost to care for someone with CP is over 1.6 million dollars!
Understandably, many parents and family members aren’t prepared to pay for these unplanned medical expenses. Seeking legal aid can help families get much-needed compensation if there is evidence their child’s condition could have been prevented.
A qualified birth injury lawyer can figure out whether an act of negligence led to your child’s cerebral palsy.
Some examples of medical negligence include:
- Failing to detect infections during pregnancy
- Missing signs of fetal distress or lack of oxygen
- Neglecting to perform a C-section in a timely manner
- Using excessive force during delivery
- Neglecting to monitor a mother or baby’s heart rate during labor and delivery
- Improperly using forceps or vacuum extractors during delivery
- And failing to treat severe newborn jaundice
The best way to find out if your child is eligible for legal aid is to speak with a birth injury lawyer.
Contact us today for a free case evaluation and see if you’re entitled to compensation that can help your child get life-changing care.
Filing a cerebral palsy medical malpractice claim
Your cerebral palsy attorney will take care of all the paperwork and legal heavy lifting to file your cerebral palsy medical malpractice claim so you can focus on caring for your child.
"If you suspect that a medical error played a role in your child’s cerebral palsy, the first step is to speak with a lawyer who focuses on birth injury cases. Many parents aren’t sure where to begin or even if they have a valid claim."
— Ricky LeBlanc, cerebral palsy lawyer
An experienced cerebral palsy malpractice lawyer will work to find enough evidence to make your case as strong as possible.
- Imaging test results
- Medical bills
- Photographs
- Prenatal and birth records
- Other forms of documentation
It’s critical to file your cerebral palsy claim within your state’s statute of limitations. These laws set strict deadlines, and missing them may prevent you from ever taking legal action for your child.
Connecting with a cerebral palsy attorney as soon as possible helps protect your rights and your child’s future.
Get legal help for cerebral palsy medical malpractice
The best way to know whether you are eligible to file a cerebral palsy medical malpractice lawsuit is to get a free case evaluation.
Negligent medical professionals should be held responsible for cerebral palsy medical malpractice. Working with an experienced cerebral palsy law firm will ensure your case has the best chance for success.
Cerebral Palsy Guide is dedicated to helping families affected by cerebral palsy. Our network of lawyers has recovered over $1 billion for birth injuries, including cerebral palsy negligence claims.
Call our trained patient advocates at (855) 220-1101 or get a free case review right now to find out how we can help.
