Cerebral palsy legal statistics and medical malpractice
Cerebral palsy legal statistics help families understand how medical errors during childbirth may lead to lawsuits. Roughly 15,000 to 20,000 medical malpractice claims are filed in the U.S. each year, according to the American Medical Association.
About 24% of all malpractice claims involve obstetrics, which includes labor and delivery errors that can lead to preventable cerebral palsy.
Common medical mistakes that may lead to a cerebral palsy lawsuit include:
- Delaying or not performing a medically needed cesarean section (C-section)
- Failing to manage prolonged labor, causing oxygen deprivation
- Missing key risk factors like maternal infection or low birth weight
- Misusing assisted delivery tools like forceps or vacuum extractors
- Using excessive force during delivery to guide a baby out
These are just some of the ways medical negligence can cause lifelong harm. If you believe your child’s CP was preventable, you may qualify for free cerebral palsy legal aid.
Cerebral Palsy Guide works with a network of top lawyers across the country who can help families in all 50 states.
Our legal partners have recovered over $1 billion for preventable birth injuries like cerebral palsy.
Get a free case review now to see if you could be eligible for financial support to help cover your child’s care.
Top 10 insights from cerebral palsy legal data
Below are birth injury and cerebral palsy legal statistics pulled from reports by Coverys, a national medical malpractice insurer who analyzed thousands of real birth injury claims.
- Cerebral palsy or brain injury was involved in 41% of birth injury malpractice claims.
- Doctors who deliver babies are among the top five most-sued medical specialists.
- Delayed C-sections, poor monitoring, and mistakes during labor are common causes of lawsuits linked to CP.
- Over half of the claims involved poor medical decisions made during labor and delivery.
- 80% of birth injury claims were filed for serious harm, including permanent brain damage or death.
- Only 15% of claims involved emergency C-sections, even when there were signs of trouble.
- Many injuries happened when known risks like diabetes or high birth weight weren’t managed properly.
- Breakdowns in communication between doctors and nurses played a role in more than 1 in 4 cases.
- Birth injury cases make up 8% of all malpractice payouts, largely due to the lifelong cost of care.
- In severe cases, a cerebral palsy lawsuit may lead to a multi-million-dollar payout to support the child’s long-term needs.
Causes of cerebral palsy medical malpractice
Cerebral palsy medical negligence occurs when health care professionals fail to manage pregnancy or delivery complications adequately, leading to brain injuries in the infant from oxygen deprivation or physical trauma.
Learn more about the common causes of cerebral palsy malpractice below.
Failing to monitor fetal heart rate
Monitoring fetal heart rate is crucial, especially in high-risk pregnancies. An abnormal heart rate may signal fetal distress, lack of oxygen, or other complications.
Serious complications develop in about 6% to 8% of pregnancies, according to the University of California, San Francisco Medical Center.
Failing to properly monitor fetal heart rate and failing to recognize and intervene when complications are observed is a medical error that can be devastating for the infant, leading to conditions like cerebral palsy and even death.
Labor and delivery mistakes
Cerebral palsy can result from mistakes made by medical professionals during the birthing process — mistakes that can often be prevented.
Some estimates suggest that up to 50% of birth injuries are preventable and the result of errors made by health care professionals during labor and delivery.
Lack of experience and miscommunication
Some birth injury lawsuits cite a physician’s inexperience or lack of communication with other medical staff or the mother during labor and delivery.
This may be especially true when babies are delivered by midwives with limited clinical experience or in states where licensing standards for midwives are not as strict.
In the United States, midwives are the primary attendees at 8% of births.
No matter what the cause, when preventable cerebral palsy occurs, families should not be left to face the consequences alone.
Get a free case review to find out if we may be able to help you file a cerebral palsy medical malpractice claim.
Cerebral palsy legal statistics and birth injury lawsuits
Up to 40% of birth injury lawsuits involved mistakes during labor, making it the highest-risk phase of care.
- 11% of birth injury claims involved delayed C-sections, often when babies were in distress.
- More than half of the cases reported judgment errors by doctors or nurses during care.
- System failures, like poor documentation or slow response times, were also common.
- 17% of claims involved midwives and made up 25% of total payouts due to serious outcomes.
- Many problems could have been avoided with better teamwork, earlier action, or clearer communication.
Cerebral palsy legal data shows that many birth injuries — including cases of cerebral palsy — may have been preventable with earlier intervention, better monitoring, and stronger communication.
If you are considering taking legal action, it is important to remember that there are strict deadlines called statutes of limitations involved in filing CP lawsuits.
Each state has its own laws, and failing to file within this period usually means you can no longer file a lawsuit. While it varies by state, most families will have only 2 or 3 years.
Consulting with an experienced cerebral palsy lawyer as soon as possible is the best way to ensure your claim is filed on time.
Cerebral palsy legal statistics and payouts
The average settlement for cerebral palsy is estimated at over $1 million. However, cerebral palsy case values vary significantly depending on the severity of the condition and other factors.
Cerebral Palsy Guide works with birth injury lawyers who have recovered over $1 billion for families.
- $10.5 million for a Missouri family
- $9 million for the family of a 5-year-old in Colorado
- $8 million on behalf of a child in North Carolina
- $7 million to a family in Illinois
- $6 million for a New York child whose CP was from untreated jaundice
- $5.6 million for a family in Utah
- $4.1 million to a New Jersey family whose child experienced fetal distress
- $3.4 million on behalf of a New Hampshire child
- $2.4 million for a family in Massachusetts
Studies show that 40% of families raising children with special health care needs experience a financial burden due to their child's condition.
Pursuing a settlement through a cerebral palsy lawsuit can help families cover the medical care and other resources their child needs.
Call us at (855) 220-1101 or Click to Live Chat to see if you may qualify for compensation — free of charge.
Important cerebral palsy statistics
Cerebral palsy is the most common motor disability that affects infants and children. There is no cure for the condition, and it often requires lifelong care.
Common symptoms of cerebral palsy include muscle tone issues, trouble walking or speaking, and, in some cases, intellectual disability or epilepsy (seizure disorder). Early identification of potential impairment is essential for getting help.
- About 500,000 children in the U.S. under age 18 live with cerebral palsy.
- Cerebral palsy is more common in Black children than in White children.
- Between 1 and 4 of every 1,000 live births result in cerebral palsy.
- Every year, between 8,000 and 10,000 babies are diagnosed with cerebral palsy.
- 20% of CP cases stem from labor and delivery events, while 70% arise from events during pregnancy.
- Cerebral palsy is typically not diagnosed until the age of 1 to 2.
- In one large study, 19% of children with CP had mothers aged 35 or older, and 4% had mothers under age 20.
- Approximately 10% of children develop cerebral palsy due to brain injuries within the first 2 years of life.
If you have questions about your child’s condition, we have a team of on-staff labor and delivery nurses here to help.
Connect with one of our registered nurses now — there’s never any cost to talk to our team.
Caring for a child with cerebral palsy
Cerebral palsy treatment focuses on improving movement, reducing symptoms, and helping the child live as independently as possible. Caring for a child with cerebral palsy often means managing a wide range of physical, developmental, and daily needs.
There are five main types of cerebral palsy. The most common is spastic cerebral palsy, which causes stiff muscles and difficulty with movement.
Other types of CP include athetoid (dyskinetic), ataxic, hypotonic, and mixed cerebral palsy. Each type comes with its own challenges, and care plans are often complex and long-term.
Even with the best medical support, many children with cerebral palsy need help throughout their lives. This can place an enormous financial and emotional strain on families.
- The average lifetime cost of care is $1.5 million (adjusted for 2025 dollars).
- Expenses may include therapy, surgery, medications, home health care, and special education services.
- Parents often coordinate care across multiple CP specialists and support programs.
- Health insurance rarely covers everything, especially for in-home care and assistive devices.
- Many families lose income when one parent has to stop working to become a full-time caregiver.
Most families could never have planned for a child’s cerebral palsy. If a medical mistake led to your child’s condition, you may be able to seek legal compensation to help secure their future.
Get legal help for cerebral palsy
Cerebral palsy can bring emotional, physical, and financial challenges. Getting legal help for cerebral palsy can make things easier. The experienced team at Cerebral Palsy Guide is here to guide you and provide the support you need.
Our legal partners have recovered over $1 billion for families affected by cerebral palsy and other birth injuries.
Get started right now by calling (855) 220-1101 or filling out our contact form for a free consultation.
