What Are the Causes of Cerebral Palsy?

Cerebral palsy (CP) can have various causes, with the common element being damage or abnormalities in the developing brain. While medical negligence can cause the birth injury, sometimes the condition is unfortunately unavoidable.

The main types of cerebral palsy causes include:

• Medical errors
• Premature birth
• Intracranial hemorrhage
• Periventricular leukomalacia
• Umbilical cord birth injury
• Oxygen deprivation
• Infections
• Infertility treatments

Determining the exact cause of CP without professional help is unlikely. Our cerebral palsy lawyers collaborate closely with medical experts to identify what led to the condition. We will create a tailored legal approach that best fits the unique details of your case and goals. Call the Birth Injury Lawyers Group today for a free case evaluation.

What Is Cerebral Palsy?

Cerebral palsy is a neurological disorder that affects movement, posture, and muscle coordination. It is caused by abnormal brain development or damage to the developing brain, often occurring before or during birth.

CP is a lifelong condition, but with early intervention, supportive therapies, and assistive technologies, individuals can lead fulfilling lives. The specific symptoms and challenges associated with the condition depend on the extent and location of the brain damage.

Why Is It Important to Determine the Cause of Cerebral Palsy?

Understanding the specific factors that led to the condition allows for tailored medical interventions that address the individuals’ unique needs. Early intervention and targeted treatments can significantly improve the quality of life for those with cerebral palsy.

Identifying the cause is important for families seeking answers and closure. It provides clarity on whether the condition resulted from natural factors, complications during childbirth, or, in some cases, medical negligence.

When medical malpractice plays a role, determining the exact cause becomes a key step in pursuing legal recourse and seeking compensation. Our birth injury lawyers will confidently guide you through the legal process.

Medical Errors Could Lead to Cerebral Palsy

Medical malpractice occurs when healthcare providers fail to meet the established standard of care during the prenatal, labor, and delivery stages, resulting in harm to the newborn or mother. Birth injuries stemming from medical malpractice can have profound and lasting consequences, affecting the child’s health and development.

The Link Between Medical Negligence and Cerebral Palsy

When medical professionals deviate from the established standard of care, the risk of preventable birth injuries, including cerebral palsy, significantly increases. Establishing a connection between medical negligence and CP involves demonstrating that the healthcare provider’s actions or omissions directly contributed to the condition.

Common Types of Medical Errors that Cause Cerebral Palsy

Medical errors leading to cerebral palsy represent a critical concern in maternal and neonatal healthcare. These errors can arise at various stages, from prenatal care to labor and delivery, potentially resulting in profound consequences for newborns.

Medical errors that can lead to CP include:

• Misdiagnosis or failure to diagnose
• Delayed interventions
• Improper use of medical instruments
• Errors in administering medications
• Inadequate monitoring during labor
• Lack of timely response to complications
• Failure to recognize and address risk factors

Proving Medical Negligence

Establishing medical negligence without legal assistance is difficult. Your cerebral palsy lawyer will analyze medical records and consult with medical experts to identify deviations from the standard of care.

When proving medical negligence, your attorney will focus on the following key elements:

• Duty of care: Evaluating whether the healthcare provider had a duty of care toward the patient, specifically the pregnant mother and the unborn child, and determining if this duty was breached.
• Deviation from duty of care: Assessing whether the doctor deviated from the expected standard of care.
• Direct causation: Establishing a clear cause-and-effect relationship between the breach of duty and the development of cerebral palsy, demonstrating that the provider’s actions or omissions directly led to the birth injury.
• Damages: Quantifying the damages resulting from CP. This involves a comprehensive assessment of the short-term and long-term impact on the child’s life and the financial burden on the family.

Filing a Medical Malpractice Case

Filing a medical malpractice case helps families seek accountability and compensation for the harm caused to their child. This process typically begins by consulting a birth injury lawyer experienced in medical malpractice.

The attorney will thoroughly review the case, including an examination of medical records, expert consultations, and an assessment of the circumstances surrounding the birth injury. Once they determine that there is a valid claim, they will initiate legal proceedings by filing a formal complaint against the responsible healthcare provider or institution.

The legal team will gather evidence, present expert testimonies, and navigate the intricate legal procedures to build a compelling case. Filing a medical malpractice birth injury case involves adherence to strict timelines and procedural requirements.

Premature Birth Can Lead to Cerebral Palsy

Premature birth is one of the most well-known and common risk factors for cerebral palsy. If your doctor fails to take the right steps to prevent your baby’s premature birth or give them adequate care to reduce their risk of cerebral palsy, you may have a medical malpractice case.

The Connection Between Premature Birth and Cerebral Palsy

Babies who arrive before their due date have an increased risk of cerebral palsy. Any child born before the 37th week of pregnancy is at an increased risk of the condition. CP is especially prevalent in babies born before 32 weeks gestation.

What Can Cause Premature Birth?

Doctors caring for a pregnant mother have a responsibility to identify, manage, and prevent premature births. This duty begins with vigilant prenatal care, where healthcare professionals monitor and address potential risk factors.

Factors that increase the risk of premature birth include:

• Maternal health conditions
• Multiple pregnancies
• Uterine or cervical abnormalities
• Lifestyle factors (smoking, substance abuse)
• Inadequate prenatal care
• Previous preterm births
• Pregnancy complications
• High-risk pregnancies
• Socio-economic factors

Doctors must accurately diagnose and manage maternal health conditions that may contribute to premature birth. Additionally, medics are tasked with educating expectant mothers about lifestyle choices that can impact pregnancy outcomes.

Consequences of Premature Birth

Today, babies born extremely premature are more likely to survive than ever before. While these tiny babies get excellent care in the neonatal intensive care unit and eventually go home with their families, they are much more likely to have additional medical concerns, including cerebral palsy, than full-term or even moderately premature infants.

If you believe your child has cerebral palsy because of medical negligence or a medical error, the Birth Injury Lawyers Group can connect you with an attorney who will evaluate the merits of your case for free. You can talk with an attorney today who knows that premature birth is linked to CP and handles this type of case in your state.

Legal Options for Financial Recovery

Parents whose children were born premature and developed cerebral palsy may be able to hold the doctor and hospital staff liable in some cases. This could allow the family to recover compensation to help cover their child’s medical care, therapy, special equipment, assistive devices, and more.

If your child was born early and has cerebral palsy, you may want to discuss your legal options with an attorney who handles birth injury cases in your state. You may have a viable medical malpractice case and could hold the at-fault party liable for failing to prevent, diagnose, or treat your child’s cerebral palsy.

If your attorney can prove the doctor acted negligently and failed to provide an acceptable standard of care while monitoring your pregnancy or overseeing your child’s birth, you may be eligible to recover compensation through an out-of-court settlement or court award.

Intracranial Hemorrhage Can Cause Cerebral Palsy

Cerebral palsy is sometimes the result of an intracranial hemorrhage, often an intraventricular brain bleed, that occurs before, during, or immediately after birth. Many intracranial hemorrhages are preventable. If your child had a brain bleed and now has cerebral palsy, you may have a medical malpractice case.

To talk to a birth injury attorney in your state, reach out to the Birth Injury Lawyers Group. An attorney near you will review your case for free and explain your legal options for holding the hospital or medical staff accountable.

The Link Between Intracranial Hemorrhage and Cerebral Palsy

While not all cases of intracranial hemorrhage lead to cerebral palsy, the severity and location of the bleeding can significantly impact neurological outcomes.

The vulnerable nature of the developing brain makes it susceptible to injury, and hemorrhages can result in oxygen deprivation and subsequent damage to vital structures. When the bleeding affects areas responsible for motor control and coordination, cerebral palsy may manifest.

Common Causes for Intracranial Hemorrhage

Bleeding within the brain can result from various factors, each carrying its own set of challenges and potential consequences. An experienced birth injury lawyer from our team will investigate the circumstances of your claim and determine if negligence played a role.

Risk factors for intracranial hemorrhage before, during, or soon after birth may include:

• Issues with the placenta, often blood clots
• Problems with blood vessels in the brain
• Conditions that cause problems with blood clotting
• Maternal hypertension
• Maternal infection
• Traumatic brain injury, sometimes caused by improper use of forceps or vacuum extraction devices

Types of Intracranial Hemorrhage

Intracranial hemorrhage grades categorize and assess the severity of bleeding within the brain, providing crucial information for medical professionals in diagnosing and managing this condition. The grading system typically ranges from I to IV, with each grade indicating a different level of severity.

Doctors categorize intraventricular hemorrhages into four grades:

• Grade I is the mildest bleeding and may have no symptoms.
• Grade II is generally contained in the ventricles and is relatively minor, causing no long-term complications.
• Grade III is more substantial and can cause swelling in the area, leading to life-long complications in some cases.
• Grade IV may not remain contained in the ventricles, causing swelling and obstruction as well as serious, life-long complications.

Since many intracranial hemorrhages are preventable, you may have a viable medical malpractice birth injury case if your child develops cerebral palsy.

Legal Assistance for Intracranial Hemorrhage Birth Injury Victims

The Birth Injury Lawyers Group can connect you with an attorney near you who will review your case for free. They can explain how the laws in your state affect your case and go to work, building a strong argument that supports your fight for compensation.

Your attorney will identify the potentially liable parties and work to find a medical expert witness who can help everyone involved in the case understand how your newborn’s brain injuries occurred and what role, if any, the doctor or hospital had in causing them. This may include identifying any medical errors that occurred.

After building a strong case, your attorney will file a claim or take legal action against the doctor or hospital to pursue compensation on your behalf. If your newborn suffered a brain bleed before, during, or after birth and now has cerebral palsy, you may have a right to pursue compensation to pay for their care.

Periventricular Leukomalacia Can Lead to Cerebral Palsy

Periventricular leukomalacia (PVL) is a neurological condition that primarily affects premature infants. It involves the death or damage of white matter in the brain surrounding the ventricles, which are fluid-filled spaces.

PVL is often associated with insufficient oxygen and blood flow to the periventricular region, commonly occurring in preterm infants due to their underdeveloped and vulnerable brains. The damage to the white matter can lead to various neurological issues, including motor and cognitive impairments.

The severity of periventricular leukomalacia can vary, and early detection through imaging studies such as cranial ultrasound or MRI is crucial for timely intervention and appropriate medical management. While PVL is more prevalent in premature infants, it can also occur in full-term infants in certain cases.

The Link Between Periventricular Leukomalacia and Cerebral Palsy

PVL serves as a significant risk factor for CP. The compromised white matter in PVL can contribute to neurological challenges, impacting motor control and coordination, characteristic features of cerebral palsy.

Periventricular Leukomalacia Causes

Periventricular leukomalacia is caused by a lack of oxygen and blood flow to the periventricular area of the brain. It can also be caused by damage to the brain’s white matter, causing a softening in the area.

Cerebral palsy caused by periventricular leukomalacia can result from the softening or death of the white matter of the brain. When that happens, it can lead to fluid-filled cysts, insufficient oxygen supply to the brain in utero, or insufficient blood flow to the brain while in utero.

Periventricular Leukomalacia Symptoms

Children who have cerebral palsy caused by periventricular leukomalacia can have a wide range of symptoms that vary according to the severity of the diagnosis. Children with mild cases may not experience any immediately apparent symptoms and could require diagnostic testing.

Other children may show signs of spastic diplegia. This is a form of cerebral palsy that causes tight, contracted muscles, especially in the pelvis, legs, and hips.

How do I Know If My Baby Has Cerebral Palsy Caused by Periventricular Leukomalacia?

Cerebral palsy requires a diagnosis by a doctor. If you notice spasticity in your child, consult their doctor right away. You might also see signs of high muscle tone in your baby’s legs and hips.

Can Cerebral Palsy Caused by Periventricular Leukomalacia Be Fatal?

Cerebral palsy caused by periventricular leukomalacia is not usually fatal. In fact, many children with the disorder have extremely mild symptoms. Other children with the disorder might experience extreme developmental delays, restrictive learning disabilities, and difficulty moving.

Who Is Liable for Cerebral Palsy Caused by Periventricular Leukomalacia?

Your child’s diagnosis of cerebral palsy can be devastating. Knowing who to hold liable for your child’s condition can be equally overwhelming. An attorney can find out if you or your child suffered because of a misdiagnosed or untreated prenatal or postnatal condition that contributed to your child’s current medical disorder.

Evaluate Your Legal Options

Filing a birth injury lawsuit when your child has been diagnosed with cerebral palsy caused by periventricular leukomalacia is your right. Establishing what you need to prove for a successful medical malpractice lawsuit is a time-consuming process. An attorney can help you navigate the legal system and fight to prove your case.

During your pregnancy and delivery, your doctor had a duty to uphold your state’s standard of care. If your doctor or any member of your health care team failed to meet that standard of care and caused your child to develop periventricular leukomalacia, you might have a legal remedy. We can help you understand the economic and non-economic damages you could receive.

Umbilical Cord Birth Injuries Can Cause Cerebral Palsy

Umbilical cord birth injuries refer to trauma or damage sustained by the umbilical cord during the process of childbirth, potentially leading to adverse outcomes for the newborn. The umbilical cord is a lifeline connecting the developing fetus to the placenta, supplying essential nutrients and oxygen crucial for fetal development.

Injuries to the umbilical cord may compromise the continuous flow of blood and oxygen to the baby, resulting in oxygen deprivation and potential harm to vital organs, including the brain.

The Connection Between Umbilical Cord Injuries and Cerebral Palsy

When the umbilical cord, the vital conduit for these essential elements, experiences injuries, it can lead to oxygen deprivation or cerebral ischemia.

The developing brain, particularly susceptible to oxygen fluctuations, may suffer damage, resulting in cerebral palsy. Oxygen deprivation during childbirth can contribute to neurological impairments, affecting motor control, coordination, and overall cognitive function.

Common Causes of Umbilical Cord Birth Injuries

Umbilical cord birth injuries can arise from various factors, and understanding these common causes is essential for determining if you have a valid case. If medical negligence plays a role, our cerebral palsy lawyers will help you hold the at-fault party accountable.

Umbilical cord injuries can be caused by:

• Compression
• Entanglement
• Prolapse
• Improper handling during delivery
• Failure to monitor fetal distress
• Delayed response to complications
• Incorrect use of medical instruments

Oxygen Deprivation Can Cause Cerebral Palsy

Oxygen deprivation during childbirth, also known as birth asphyxia, can lead to serious birth injuries, including conditions like cerebral palsy. It occurs when the baby’s brain doesn’t receive an adequate supply of oxygen before, during, or after delivery.

The Connection Between Birth Asphyxia and Cerebral Palsy

The lack of oxygen during a critical period can lead to damage to the brain’s vital structures, particularly those responsible for motor control and coordination. This neurological damage is a key factor in the development of cerebral palsy. The severity of the condition depends on the duration and extent of the oxygen deprivation.

The Consequences of Birth Asphyxia

The consequences of oxygen deprivation can range from mild developmental delays to severe neurological impairments, depending on the duration and extent of the oxygen shortage. Immediate medical intervention is crucial to address the underlying causes and minimize potential harm to the newborn.

If the doctor thinks that a baby was deprived of oxygen for a dangerously long time, they can order the child to be placed in a hyperbaric oxygen chamber. The chamber is filled with 100% oxygen and may slow trauma in the brain. If the chamber was available, but the doctor failed to use it, they may be charged with negligence.

Infections During Pregnancy May Cause Cerebral Palsy

Several types of infections during pregnancy could cause cerebral palsy and pose other dangers for the mother and the baby. Certain infections can adversely affect the developing brain and nervous system of the unborn child. These infections may be transmitted from the mother to the fetus during pregnancy, potentially leading to inflammation and damage to crucial neurological structures.

Chorioamnionitis is one such infection that increases the risk of a baby being born with CP. This occurs when bacteria surrounding the fetus cause an infection. Other infections inside and outside the placenta and amniotic fluid, such as urinary tract infections during pregnancy, could cause cerebral palsy.

Infections during the pregnancy that can cause CP include:

• German measles
• Zika virus (can cause microcephaly and lead to cerebral palsy)
• Chickenpox (can cause pregnancy complications)
• Group B strep
• Toxoplasmosis
• Cytomegalovirus
• Sexually transmitted diseases, such as herpes (which can cause inflammation and damage a baby’s nervous system) and syphilis
• Respiratory infections
• Extra-amniotic infections

The severity of the impact depends on various factors, including the type of infection, the timing of exposure, and the maternal immune response. Detecting and managing infections during pregnancy through regular screenings and timely interventions are essential in minimizing the risk of neurological complications and birth injuries.

What Is the Connection Between Infections and Cerebral Palsy?

Infections such as rubella, cytomegalovirus, and certain bacterial infections can lead to neurological complications and increase the risk of cerebral palsy. These may interfere with the normal development of the fetal brain, causing inflammation, damage, or disruptions in vital neurological structures.

The severity of the impact can vary depending on factors such as the type of infection, the timing of exposure, and the maternal immune response. Preventive measures, such as vaccinations and proper prenatal care, are crucial in minimizing the risk of infections during pregnancy.

How Are Infections Diagnosed and Treated During Pregnancy?

If your doctor suspects you have an infection during your pregnancy, they should conduct a physical examination and order laboratory tests to confirm that diagnosis. They should also screen for infections during your pregnancy and as they notice symptoms of infection.

Tests to detect infections could include:

• Blood workups
• Urine tests
• Throat cultures
• Tests of stool samples
• Imaging scans such as X-rays, CT scans, and MRIs

During your pregnancy, your infection might be treated using antibiotics, antiviral medications, and antifungal medications. Because infections during pregnancy could cause cerebral palsy and other medical issues for mother and baby, you should notify your doctor if you have a fever or other symptoms of infection.

If the infection could pass to the baby during delivery, your doctor may opt to perform a C-section instead of a vaginal delivery.

What Can Happen If an Infection Goes Untreated During Pregnancy?

Untreated infections during pregnancy could cause cerebral palsy and other birth injuries in your baby. An untreated infection during your pregnancy could also lead to fetal infection, placental damage, severe maternal illness, and stillbirth. Some infections, such as bacterial vaginosis, can also lead to pelvic inflammatory disease, which can then lead to an infection in your uterus.

Infections during pregnancy are a serious matter. Without proper screening, diagnosis, and treatment for infection during your pregnancy, the mother and baby risk prenatal and postnatal complications.

Infections during pregnancy could cause cerebral palsy and other complications for you and your newborn. If your doctor failed to diagnose or treat an infection during your pregnancy and your baby was born with CP, a lawyer can help you fight for the compensation you need. Call the Birth Injury Lawyers Group to connect with a lawyer in your state today.

Infertility Treatments Could Lead to Cerebral Palsy

While several factors play a role, children born as a result of assisted reproductive technology (ART) (infertility treatments such as in-vitro fertilization and intracytoplasmic sperm injection) may have an increased risk of cerebral palsy when compared to those conceived without this type of help. However, doctors can take steps to reduce some of the risk factors.

If you conceived a child after undergoing infertility treatments and that child has cerebral palsy, a medical malpractice birth injury attorney near you can review your case for free. You may be able to hold the doctor or hospital liable.

Is There a Link Between Infertility Treatments and Cerebral Palsy?

The link between infertility treatments and cerebral palsy has been a subject of research and discussion within the medical community. While there is a recognized association, it’s crucial to note that the overall risk remains relatively low.

Some studies suggest that infants conceived through assisted reproductive technologies, such as in vitro fertilization (IVF), may have a slightly higher risk of cerebral palsy compared to those conceived naturally.

The reasons for this association are not fully understood and may involve various factors, including the underlying causes of infertility, maternal age, and the specific techniques used in fertility treatments.

Managing ART Risk Factors

Children conceived through infertility treatments have an increased risk of both preterm delivery and being a part of a multiple gestation and birth, according to the Centers for Disease Control and Prevention. Both preterm delivery and multiple births are risk factors for cerebral palsy. This explains most of the increased incidence of the condition in children born after ART.

The Centers for Disease Control and Prevention and other agencies recommend transferring a single embryo each time to avoid the likelihood of multiple pregnancies.

Preventing Cerebral Palsy in ART Babies

If you conceived your child through in-vitro or another type of related infertility treatment, and they were born with cerebral palsy, you may be eligible to hold your doctor liable in a medical malpractice lawsuit.

Your child’s congenital condition may have been prevented if your doctor explained the risks, placed only one embryo, monitored your pregnancy closely, or took other steps to prevent premature delivery, low birth weight, or multiple pregnancies.

If you conceived your child through certain types of infertility treatments, and your baby has cerebral palsy, you may want to discuss your case with a medical malpractice attorney near you. The Birth Injury Lawyers Group can connect you with a lawyer in your state who handles similar cases regularly.

Risk Factors Related to Cerebral Palsy

Each delivery is different, but there is a specific standard of care for pregnant women that every healthcare provider is expected to meet. If a doctor fails to diagnose these conditions correctly, their actions may be deemed negligent, and they can be sued for malpractice.

If the medical provider was responsible for a delay in delivering the infant, improperly used forceps or vacuum extraction tools, or failed to monitor fetal or maternal distress, avoidable birth injuries can occur, as well.

Because of the wide range of injuries and illnesses that could cause cerebral palsy, many risk factors increase the likelihood of this condition developing in newborns. Many cases of CP were preventable. A cerebral palsy lawyer can help you identify if your baby’s birth injury was the result of a preventable mistake.

Maternal Health Risk Factors

When a pregnant woman has an infection and does not receive treatment, the baby may suffer health complications. In some cases, certain medical conditions before conception can put the baby’s health at risk, as well.

Through regular prenatal care, healthcare providers can identify and mitigate risk factors, ensuring timely interventions when necessary. Proper management of maternal health helps minimize the likelihood of complications during childbirth, reducing the risk of cerebral palsy.

Toxic Exposure Risk Factors

When a developing infant suffers exposure to certain toxins, it can disrupt brain development and cause complications, including cerebral palsy. The effects of these toxins can range from subtle developmental delays to more severe impairments.

Exposure to these dangerous toxins could increase the risk of CP:

• Alcohol
• Methylmercury
• Certain medications, such as anti-seizure drugs
• Illicit drugs like cocaine

Identifying and addressing these risk factors is crucial in mitigating the potential impact on the developing fetus and reducing the likelihood of cerebral palsy.

Environmental Risk Factors

Environmental risk factors during pregnancy encompass a range of external elements that, when present, may influence the health and development of the developing fetus, potentially contributing to conditions like cerebral palsy.

• Lack of proper prenatal care
• Environmental pollution
• Trauma or injury to the developing brain during pregnancy
• Socio-economic factors influencing living conditions and healthcare access
• Presence of hazardous substances in the living environment
• Occupational exposures during pregnancy

Recognizing and addressing these environmental risk factors are crucial aspects of prenatal care, as they can significantly impact the health and neurological development of the unborn child. Thorough assessments, proactive healthcare measures, and awareness of potential environmental hazards help mitigate these risks and promote a healthy pregnancy.

Infant Health Risk Factors

Some medical conditions can increase the risk of an infant having cerebral palsy. Depending on the condition, they can occur in the womb, during birth, or in the first weeks of the baby’s life.

Common risk factors related to the infant’s health include:

• Infection of the membranes around the brain or spinal cord, known as meningitis (bacterial) or encephalitis (viral)
• Untreated, severe cases of jaundice, a condition caused by excess bilirubin in the baby’s system
• Perinatal stroke or other causes of bleeding in the brain

Through thorough examinations and appropriate screenings, doctors can identify potential complications early on, allowing for timely interventions and tailored care plans.

Other Risk Factors

Recognizing and addressing these multifaceted risk factors requires a collaborative effort between medical professionals. This highlights the importance of thorough assessments, timely interventions, and ongoing monitoring to ensure the best possible outcomes for newborns and their families.

Other circumstances that may increase a baby’s chances of developing cerebral palsy include:

• A breech presentation or another abnormal presentation
• Being less than 5.5 pounds at birth, especially babies with an extremely low birth weight
• Multiple pregnancies
• Premature babies, especially those born before 28 weeks

Recoverable Damages in a Cerebral Palsy Birth Injury Case

If you recover compensation through a claim or court award in your child’s birth injury case, your payout will cover a wide range of damages your attorney identified and documented during the process of building your case.

Available damages in a cerebral palsy birth injury case include:

• Medical care, therapies, and related needs
• Ongoing care and support
• Prescription drugs
• Walkers, wheelchairs, and other mobility assistance
• Other assistive devices
• Out-of-pocket expenses
• Pain and suffering
• Other non-economic damages

Our cerebral palsy attorneys understand that a birth injury has long-term financial consequences. We collaborate with medical and financial experts to present a thorough assessment of both current and future damages, ensuring that families receive fair and just compensation.

When calculating the full extent of your losses, we also rely on financial records, medical documents, and any other type of evidence that can show the financial impact of your child’s birth injury. We will also carefully listen to your own account of how this has changed your life.

How do I Determine Who Was Responsible for My Child’s Cerebral Palsy?

Approximately one in every ten children diagnosed with cerebral palsy was injured due to medical malpractice or negligence. If your child has been diagnosed with CP, the law allows you to take legal action against the responsible parties.

The medical team may have made mistakes during your child’s delivery that resulted in an injury. There may also have been mistakes that were made prenatally, such as failing to recognize and treat a mother who has an infection or failing to diagnose an impending delivery as high risk and recommending a C-section instead of a natural birth.

Different parties could be responsible for your child’s cerebral palsy, including:

• Obstetricians
• Midwives
• Nurses
• Anesthesiologists
• Hospitals or medical facilities
• Pharmaceutical companies (if medication-related)
• Other healthcare professionals involved in the birth process

If your doctor or other healthcare provider should have been aware of the risks of cerebral palsy but failed to take actions to safeguard against it, they could be held liable for your child’s resulting damages.

You Have a Limited Time to File a Birth Injury Lawsuit

You only have a limited time to take legal action, but how long you have depends on where you live or the state where your baby was born. Each state sets its own rules and has its deadlines.

The deadline for medical malpractice claims is usually between one and four years. However, when the victim is a minor, the time limit may be tolled until after they become legally an adult.

The clock generally begins ticking on the date of the incident or the day you discover the malpractice. Many states also have a statute of repose that puts an absolute deadline on how long you can wait to file, regardless of when your child receives a diagnosis.

Your attorney will explain the laws in your state and ensure you meet all applicable deadlines. The sooner you seek legal help, the more time your lawyer will have to strengthen your case.

The Benefits of Hiring a Cerebral Palsy Lawyer

It may not be possible for you to determine on your own if your doctor’s negligence caused your child’s cerebral palsy. Expert witnesses in cases involving birth injuries can establish if the responsibility for cerebral palsy belongs to the doctor or a member of the healthcare team.

Doctors who are expert witnesses know what the standard of accepted medical care is for mothers and babies before, during, and after delivery. Your birth injury lawyer can contact the appropriate expert witnesses to help strengthen your claim.

Free Initial Consultation

If your child has a cerebral palsy diagnosis and suffers from symptoms and complications of the condition, an attorney can review your case for free. The Birth Injury Lawyers Group can connect you with an attorney from your state who is familiar with cerebral palsy claims. They can review your case at no cost to you or your family.

Understand Your Rights in a Medical Malpractice Case

When your newborn experiences harm during childbirth due to medical negligence, you have the right to pursue legal action. This may involve filing a birth injury lawsuit to seek compensation for damages resulting from the negligence of healthcare providers.

You also have the right to demand transparency, access medical records, and consult with legal professionals. By understanding these rights, you can advocate for the best interests of your child, ensuring that responsible parties are held accountable for any negligence during childbirth.

Our cerebral palsy lawyers empower parents to navigate the legal process, pursue justice, and secure the necessary resources for the comprehensive care of their child.

Identify the At-Fault Parties

Your attorney can help you identify the liable party or parties in your case, which is often the doctor who monitored your pregnancy and delivered your baby. However, other parties may also be at fault. Depending on the details of your case, you could file against the healthcare facility, medical device manufacturer, or others.

Our legal team will use all available evidence and rely on testimonies to correctly identify the negligent party in your case. Whether the error occurred during prenatal care, labor, or delivery, our team is dedicated to uncovering the facts and establishing a clear connection between the at-fault party’s actions and the resulting birth injury.

Build a Strong Case

Our cerebral palsy lawyers understand that a birth injury can impact multiple areas of your family’s life. We will closely collaborate with you to understand how your lives have changed. Then, we can use a wide range of evidence to build a compelling case that accurately shows your struggles.

Building an evidence-based case involves:

• Obtaining copies of relevant medical records
• Identifying a medical expert witness to testify about the acceptable standard of care
• Interviewing witnesses
• Getting a better understanding of your child’s care needs and prognosis
• Documenting any expenses and losses related to medical malpractice

Once they have a strong argument for compensation, they can take steps to hold the doctor and hospital liable. This may include filing a claim or taking the case to court.

We Are Experienced in Birth Injury Cases

As a law group exclusively focused on birth injuries, we have extensive experience dealing with the complexities of obstetric and neonatal care. This knowledge allows us to navigate the intricate details of medical records and collaborate effectively with expert witnesses.

Our vast experience ensures that our lawyers are well-versed in the specific challenges associated with birth injury claims. We adopt a more detailed and targeted approach to building a cerebral palsy birth injury case.

We Have a Winning Track Record

We take pride in our winning track record, a testament to our commitment to securing justice for families affected by medical negligence during childbirth. Our experienced team of attorneys has successfully litigated numerous birth injury cases, consistently delivering favorable outcomes for our clients.

This success is rooted in our unwavering dedication to thorough case preparation, collaboration with top-tier medical experts, and strategic legal advocacy. We approach each case with a personalized and compassionate touch, understanding the unique challenges families face.

Get Cerebral Palsy Case Started Right Away

Many causes of cerebral palsy are preventable if the doctor monitoring the pregnancy or birth recognizes the risk factors and takes the proper steps to mitigate the risk. A birth injury medical malpractice attorney in your state can review your case and help you understand if you have a viable claim.

If your attorney can identify how your child’s doctor or another medical care provider caused or failed to prevent the baby’s CP, they can build a case on your behalf and help your family pursue compensation.

If your child has a cerebral palsy diagnosis, a birth injury attorney in your state will review your case for free to determine if the doctor, hospital, or another care provider caused or could have prevented your child’s condition. You may be eligible to pursue compensation on their behalf. Contact us to discuss your options for financial recovery.