Was my child's CP caused by a medical error?

There is a possibility that your child’s CP was due to a birth injury caused by medical negligence. The only way to know is a professional review of EFM, brain MRI, and other medical records by experts. Our partner attorneys can help you with the case review without any charges.

What types of cerebral palsy exist?

Four types of cerebral palsy exist: spastic CP, dyskinetic CP, ataxic CP, and mixed CP.

What is the GMFCS severity scale?

The Gross Motor Function Classification System (GMFCS) rates cerebral palsy severity from Level I to Level V, based on affected motor functions and caregiving needs. It determines future care needs and what adaptive equipment the child will require.

How do you prove CP was caused by birth injury?

Proof for CP caused by birth injury rests on four pillars: fetal monitoring strips showing distress patterns, brain MRI showing basal ganglia or thalamic injury, medical records documenting events during labor and delivery, and expert testimony.

What is a brain MRI pattern analysis?

Brain MRI pattern reveals when and how the child’s brain sustained injury. It helps differentiate between damage that occurred at or near the time of delivery due to oxygen deprivation and prenatal damage that had nothing to do with the delivery.

How long do I have to file a CP lawsuit?

Most states toll the statute of limitations for minors until they turn 18. The discovery rule may further extend the deadline.

How much does a CP lawyer cost?

You pay nothing to hire a CP lawyer, as most work on a contingency fee basis. They receive a percentage only when you receive the compensation. Otherwise, they absorb all the up-front pre-litigation and litigation costs if you do not receive compensation.

Can both the child and mother file claims?

Yes. If the mother also suffered maternal injury or if there is a wrongful death case, she can also file a case separately. In case of CP, the child’s claim and the mother’s claim can be pursued simultaneously.

What happens during a free consultation?

During your initial consultation, our attorneys review the key facts of your child’s birth and CP diagnosis. They explain what evidence would be needed, and if they believe there is a valid case, they will connect with medical experts to find further merit in the claims. This is a no-cost consultation. Call at (800) 222-9529; we are available 24/7!

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Q: How much is a cerebral palsy case worth?

The settlement for CP ranges from $1 million for Level I severity to $50 million and above for Level V severity. The severity is determined based on GMFCS. A lifecare planner also considers lifetime care costs, loss of future income, etc., while determining the settlement amount.

Record-setting verdicts and settlements throughout the U.S.

Over $750+ Million
recovered on behalf of our clients.

What Is Cerebral Palsy: Definition, Causes, and More

Cerebral palsy is a set of neurological disorders that permanently affect movement, posture, motor reflexes, and muscle tone. Injury or damage to the brain before, during, or after delivery results in cerebral palsy. Lack of oxygen (Hypoxia), maternal infections, brain hemorrhage, and other conditions can result in various types of CP, such as spastic CP, dyskinetic CP, ataxic CP, and mixed CP. While there is no cure, the symptoms can be managed with therapies and other assistive treatments.

Medical errors during pregnancy or labor can cause cerebral palsy, resulting in lifelong consequences for your newborn. Knowing your child’s condition was preventable can make an already painful experience even more upsetting. If medical malpractice has caused your child’s disability, you deserve a settlement that covers treatment and ongoing care costs.

The cerebral palsy attorneys at the Birth Injury Lawyers Group will guide you through the civil litigation process and demand justice for your child. You and your family deserve the financial support and security a medical malpractice lawsuit can provide, and our lawyers are here to ensure you receive it.

Call (800) 222-9529 Does My Child Have A Case?

A Father of Children with Cerebral Palsy — Why This Work Is Personal

When our founder’s triplets were born in 2002, they were placed on a feeding tube. Unfortunately, two of them were diagnosed with cerebral palsy. Although his children’s CP was not caused by medical malpractice, he still understood how this condition affects families and their children. He realized that while not all CP involves negligence, a significant number of cases are a result of preventable medical errors during delivery, and families deserve to know and seek justice!

In 2003, Robert Goldwater founded Birth Injury Lawyers Group to help families determine the causation of their child’s cerebral palsy and receive the compensation they deserve. So far, the firm has put dedicated efforts and recovered $750+ million through settlements and jury verdicts.

Not every CP case involves negligence, but when it does, families deserve attorneys who can prove it.

WHAT ARE THE CAUSES OF CEREBRAL PALSY

Cerebral palsy can be caused by oxygen deprivation during delivery. This happens when providers fail to recognize fetal distress and provide timely intervention, like immediate C-section. However, CP can also result from non-birth-related causes, such as prenatal infections, In-utero stroke, genetic mutations, etc. To determine the cause of CP, medical experts review fetal monitoring strips and brain imaging. They use brain MRI methodology to determine whether the case is of basal ganglia (birth-related injury) or PVL (prenatal complications).

If CP results from birth-related injuries, families can pursue a case.  As a father of children with CP, our founder understands personally how crucial the distinction between birth-related and non-birth-related causes is. That is why he emphasizes the importance of evidence.

WHY SHOULD YOU HIRE A CEREBRAL PALSY LAWYER?

Cerebral palsy is a chronic medical condition that requires long-term medical care. Children born with CP suffer from cognitive disabilities, hearing impairment, vision loss, and seizures. Because of this, families incur significant medical expenses. Research suggests the costs and expenses related to cerebral palsy equal $1.3 million per person.

Raising a child with CP is financially stressful, but a qualified medical malpractice attorney can help you collect a settlement that covers the costs of your child’s ongoing care.

When your child’s condition should never have happened, a qualified lawyer can hold the responsible parties accountable. These legal professionals stand up to medical facilities, negligent doctors, and corporate insurers to fight for fair compensation.

Talk to an Experienced Birth Injury Attorney

Types and Severity of Cerebral Palsy — What Your Diagnosis Means

Cerebral palsy has four types: spastic CP (accounting for almost 80% of the cases), dyskinetic CP (accounting for almost 6% of the cases), ataxic CP (nearly 5% of the cases), and mixed (around 9% of the cases). These types are classified according to severity using the Gross Motor Function Classification System (GMFCS). The severity levels range from Level I (walks independently) to Level V (wheelchair, 24/7 care). These levels determine the case value and lifetime care costs.

Let’s have a closer look at these four types of cerebral palsy:

Spastic cerebral palsy

This is the most common form of CP that causes damage to the motor cortex, producing muscle stiffness, tight reflexes, and jerky movements. Spastic CP has three subtypes based on which limb are affected— Spastic diplegia (affects both legs; many children walk independently but within a characteristic scissor gait), spastic hemiplegia (affects one side of the body; arm involvement is typically more pronounced than leg involvement), and spastic quadriplegia (affects all four limbs and the trunk; this is the most severe subtype and is frequently associated with intellectual disability, seizures, and complete dependence on caregivers).

Dyskinetic cerebral palsy:

This causes damage to the basal ganglia, a brain region associated with movement coordination. In this, children perform involuntary, uncontrolled movements that may be writhing, twisting, or sudden.

Ataxic cerebral palsy:

This affects balance and depth perception, producing an unsteady gait and difficulty with precise hand movements.

Mixed cerebral palsy:

This demonstrates features of two or more types, mainly spastic and dyskinetic.

Does My Child Qualify For A Cerebral Palsy Lawsuit?

In order to qualify for a CP lawsuit, your claim must meet certain criteria. These factors include:

An official cerebral palsy diagnosis.

Evidence to suggest medical malpractice occurred and caused your child’s CP.

Time remaining to file a civil suit under your state’s statute of limitations and related laws

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When proving medical negligence, you must demonstrate that the medical professional or entity owed you reasonable care but failed to provide it. Then, you must prove that the breach of duty directly caused your child’s CP, and now your family faces actual damages because of the injuries.

All these factors can be challenging for parents to sort through independently. But a knowledgeable birth injury attorney can help you understand the legal implications and determine if you have a valid medical malpractice claim.

How Experts Prove Cerebral Palsy Was Caused by Birth Negligence

Attorneys use four evidence pillars to prove that cerebral palsy resulted from birth-related injury. These evidence pillars are reviewing fetal monitoring strips, reading brain MRI injury-revealing patterns, analyzing prenatal causes like periventricular leukomalacia, assessing medical records for distress and intervention timelines, and relying on expert testimony from board-certified obstetricians, neuroradiologists, and pediatric neurologists.

Four Pillars of Evidence to Prove Birth-Injury Related CP

Fetal Monitoring Strips

The EFM record is the most important and objective piece of evidence, as it records late decelerations and prolonged bradycardia. An expert can review when the warning signs appeared and when the healthcare provider took action to address them.

Brain MRI Pattern Analysis

This piece of evidence differentiates between PVL (prenatal causes) and delivery-related injuries. MRI patterns can reveal basal ganglia or thalamic injury, that indicate birth asphyxia.

Medical Records

Our attorneys consult with medical experts to map out a timeline, from hospital admission through delivery, to analyze the standard of care provided at each step. Gaps in documentation or inconsistencies reveal medical malpractice.

Expert Testimony

Attorneys consult board-certified obstetrician, neuroradiology specialist, and pediatric neurologist to link brain injury to the CP diagnosis.

When To Hire A Cerebral Palsy Lawyer

We recommend contacting a cerebral palsy lawyer after your child’s diagnosis as soon as possible. The sooner you review your claim with a qualified attorney, the faster they can start collecting evidence and building your case.

Waiting to seek legal guidance delays the legal process and prevents your family from receiving compensation. In addition, each state has its own timelines for taking legal action and holding a doctor or hospital liable. Therefore, you must act quickly to meet the deadline.

As soon as you set up an initial consultation with our cerebral palsy law firm, our legal experts review your child’s birth injuries and determine if we can secure compensation from the at-fault practitioner. From there, our attorneys will guide you through the malpractice lawsuit process and answer all your questions.

How To Choose The Right Attorney For Your Case

Having a qualified attorney fight on your child’s behalf is essential. Therefore, make sure the legal professional you hire:

Specializes in medical malpractice birth injuries.
Has a proven track record of successful verdicts.
Can provide referrals from similar clients.
Will offer a free legal consultation to review your claim.
Since proving medical malpractice is complex, you need a lawyer who will stand up for your rights.

Trust Our Birth Injury Law Firm to Represent Your Claim

We believe parents should be able to expect responsible care from doctors, hospitals, and other medical professionals. So when healthcare workers fail to keep your child safe, we make it our mission to pursue justice for you and your baby.

Our experienced birth injury lawyers build an evidence-based claim. We take over all communications and demand fair settlements from insurance companies. If the hospital or insurance adjuster refuses to pay your family a favorable settlement, we will not hesitate to file a lawsuit and represent your case during trial.

Simply put, our experienced legal team gets answers for families affected by birth injuries like CP. We provide sound legal guidance and help you secure fair compensation for your child’s birth trauma.

Speak With a Cerebral Palsy Lawyer Today

How Much Is a Cerebral Palsy Case Worth?

Cerebral palsy case settlements range from $1 Million for severity Level I and reach upto $50 Million and above for Level V severity. The severity level is determined through the Gross Motor Function Classification System (GMFCS); this metric dictates the annual care cost that a life care planner takes into account to decide a settlement amount.

The GMFCS Scale and What It Means for Your Case

Walks without restrictions; minor limits in advanced skills

$40K-$80K

$1-$5 Million

Walks independently; limited on stairs or uneven terrain

$80K-$130K

$1-$5 Million

III

Walks with an assistive device; wheelchair for longer distances

$130K-$200K

$3- $15 Million

Self-mobility limited; uses a powered wheelchair

$200K-$350K

$10-$30 Million

No independent mobility; requires 24/7 caregiver support

$350k-$600K+

$15-$50 Million+

The annual care cost is determined by a certified life care planner, who projects 70+ years of need. They consider damage categories like medical and therapy expenses, equipment and home modification costs, special education costs, lost earning capacity, pain and suffering, and parental emotional distress, among other factors, to reach a justified settlement number.

What Damages Can I Sue For In A Cerebral Palsy Case?

The compensation you can expect from a birth injury lawsuit depends on your specific damages. However, these should include all tangible and intangible losses your family has suffered since the CP diagnosis.

Medical treatment and medications.
Medical equipment and prescribed devices.
Out-of-pocket expenses related to your child’s treatments.
Your child’s mental anguish.
Ongoing care and support costs.
Missed wages due to caring for your child.
Your child’s pain and suffering.
Your child’s reduced quality of life.

You may also be able to claim damages as parents, depending on your state’s laws and the unique circumstances of your case. An experienced lawyer will make sure you pursue all damages you are entitled to and fight for maximum compensation.

Start Your Free Cerebral Palsy Case Review

Cerebral Palsy Lawyer

What Is Cerebral Palsy: Definition, Causes, and More

WHAT ARE THE CAUSES OF CEREBRAL PALSY

WHY SHOULD YOU HIRE A CEREBRAL PALSY LAWYER?

Spastic cerebral palsy

Dyskinetic cerebral palsy:

Ataxic cerebral palsy:

Mixed cerebral palsy:

Does My Child Qualify For A Cerebral Palsy Lawsuit?

Fetal Monitoring Strips

Brain MRI Pattern Analysis

Medical Records

Expert Testimony

When To Hire A Cerebral Palsy Lawyer

How To Choose The Right Attorney For Your Case

Specializes in medical malpractice birth injuries.

Has a proven track record of successful verdicts.

Can provide referrals from similar clients.

Will offer a free legal consultation to review your claim.

Since proving medical malpractice is complex, you need a lawyer who will stand up for your rights.

How Much Is a Cerebral Palsy Case Worth?

What Damages Can I Sue For In A Cerebral Palsy Case?

Medical treatment and medications.

Medical equipment and prescribed devices.

Out-of-pocket expenses related to your child’s treatments.

Your child’s mental anguish.

Ongoing care and support costs.

Missed wages due to caring for your child.

Your child’s pain and suffering.

Your child’s reduced quality of life.

How Long Will It Take To Get A Cerebral Palsy Lawsuit Settlement?

HOW MUCH DOES A CEREBRAL PALSY LAWYER COST?

A CEREBRAL PALSY LAWYER PROVIDES PEACE OF MIND TO PARENTS

Talk To A Cerebral Palsy Lawyer About Your Birth Injury Case

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