Was Your Child Diagnosed with Cerebral Palsy? Here's How a Lawyer Can Help

When a child is diagnosed with cerebral palsy, families often face a lifetime of challenges, emotionally, physically, and financially. 

For many, the condition was caused by preventable medical errors during pregnancy, labor, or delivery. 

At Morgan & Morgan, we believe that families deserve justice and financial support when a medical professional’s negligence leads to a child developing cerebral palsy. Our experienced cerebral palsy lawyers are here to investigate what happened, hold those responsible accountable, and fight for the compensation your family needs and deserves.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is Cerebral Palsy?

Cerebral palsy (CP) is a group of disorders that affect a person's ability to move and maintain balance and posture. It is the most common motor disability in childhood. CP is caused by abnormal brain development or damage to the developing brain, often before, during, or shortly after birth. This damage can affect muscle tone, coordination, and motor skills, and it often leads to lifelong disabilities.

Cerebral palsy can range in severity. Some children with CP can walk and perform daily activities with minimal assistance, while others may require lifelong care, mobility aids, and therapy. In many cases, the condition is linked to brain injuries that could have been prevented with proper medical care.

Types of Cerebral Palsy

There are several types of cerebral palsy, each affecting movement and posture in different ways:

• Spastic CP: The most common form, causing stiff muscles and awkward movements.
• Dyskinetic CP: Leads to uncontrollable movements and muscle tone issues.
• Ataxic CP: Affects balance and depth perception.
• Mixed CP: A combination of two or more of the above types.
  
   

Symptoms of Cerebral Palsy

Signs of cerebral palsy often appear in infancy or early childhood, and may include:

• Delays in reaching motor milestones (e.g., crawling, walking)
• Muscle stiffness or floppiness
• Poor coordination or balance
• Difficulty speaking or swallowing
• Seizures or intellectual disabilities (in some cases)

If your child exhibits any of these symptoms, it’s important to consult with a medical professional. If CP is diagnosed, you may also want to speak with an attorney to determine whether medical malpractice played a role in your child’s condition.

Was Your Child’s Cerebral Palsy Caused by Medical Malpractice?

Not every case of cerebral palsy is due to medical negligence. However, some cases are the direct result of mistakes made by doctors, nurses, or hospitals before, during, or after childbirth. If a healthcare provider fails to meet the standard of care and causes injury to a baby’s brain, they may be held legally responsible.

Common Medical Errors That Can Cause Cerebral Palsy

Some examples of medical errors that could result in cerebral palsy include:

• Failure to monitor fetal distress: If doctors fail to recognize signs of fetal distress (such as irregular heart rate), the baby may suffer oxygen deprivation.
• Delayed C-section: A delay in performing a necessary cesarean section can lead to hypoxic-ischemic encephalopathy (HIE), a type of brain injury linked to CP.
• Improper use of delivery tools: Forceps or vacuum extractors, if used incorrectly, can cause skull fractures or brain trauma.
• Failure to diagnose infections: Maternal infections like Group B Strep can pass to the baby and cause serious complications if not properly treated.
• Negligent prenatal care: Failing to monitor for conditions like preeclampsia or gestational diabetes can put the baby at risk.

If you suspect your child’s cerebral palsy was caused by one of these or other preventable medical errors, Morgan & Morgan can help. Our team will thoroughly investigate the circumstances surrounding your child’s birth and consult with medical experts to determine if negligence occurred.

Can I Sue for Cerebral Palsy?

Yes, you can sue for cerebral palsy if the condition was caused by medical negligence or malpractice. Many cases of cerebral palsy stem from preventable errors made by doctors, nurses, or other healthcare providers during pregnancy, labor, or delivery. If a medical professional failed to provide an appropriate standard of care and your child suffered brain damage as a result, you may have grounds for a birth injury lawsuit.

Multiple parties may be legally responsible for a preventable birth injury, including:

• OB-GYNs or delivering physicians
• Nurses or hospital staff
• Hospitals or birthing centers
• Anesthesiologists
• Pediatricians or neonatal specialists

An experienced cerebral palsy lawyer can help you identify all potentially liable parties and build a strong case.

How a Cerebral Palsy Lawyer Can Help

Pursuing a cerebral palsy lawsuit is about more than just financial compensation. It’s about accountability, justice, and ensuring your child receives the care they need. At Morgan & Morgan, we have decades of experience handling birth injury cases and a nationwide network of medical experts and legal professionals.

Our legal team will obtain and analyze all relevant medical records, including prenatal charts, delivery notes, fetal monitoring strips, and neonatal care documentation. We work with independent medical experts to determine whether the standard of care was violated.

Once negligence is established, we’ll quantify the damages, both economic and non-economic. This may include the cost of current and future medical care, therapy, home modifications, mobility aids, lost earning capacity, pain and suffering, and emotional distress.

Whether through negotiation or in the courtroom, Morgan & Morgan has the resources and determination to fight for the maximum compensation your family deserves. We don’t settle for less, and we never charge unless we win.

Potential Compensation in a Cerebral Palsy Lawsuit

The lifetime cost of care for a child with cerebral palsy can exceed $1 million, sometimes significantly more, depending on the severity. A successful lawsuit can help relieve the financial burden and provide security for the future.

Damages in a cerebral palsy case may include:

• Medical expenses: Hospital visits, surgeries, medication, and doctor’s appointments.
• Therapies: Physical, occupational, and speech therapy costs.
• Assistive devices: Wheelchairs, communication tools, and other medical equipment.
• Home and vehicle modifications: Ramps, lifts, and other adaptations.
• Special education services.
• Pain and suffering.
• Loss of enjoyment of life.
• Loss of future earnings.

Each case is unique, and the amount of compensation depends on the specific details of your child’s condition and how it affects their daily life.

How Much Time Do I Have? The Statute of Limitations

Each state has a time limit, called a statute of limitations, for filing a medical malpractice or birth injury lawsuit. In some cases, that period begins when the injury occurs. In others, it starts when the injury is discovered. Some states allow for extended time frames for cases involving minors.

Because these deadlines vary and missing one can mean losing your right to sue, it’s important to speak with an attorney as soon as possible. At Morgan & Morgan, we can assess your case quickly and help you understand your legal timeline.

What to Expect When You Contact Morgan & Morgan

Choosing to pursue legal action can feel overwhelming, especially when you’re already dealing with the stress of a child’s medical needs. That’s why we make the process as straightforward and compassionate as possible.

To get started, you’ll speak with a knowledgeable legal team member about your child’s condition and the circumstances of their birth.

If we take your case, we’ll gather your medical records and work with expert reviewers to assess whether negligence occurred.

We will then negotiate a settlement and, if necessary, take your case all the way to court.

So, why choose Morgan & Morgan for a cerebral palsy injury claim?

We operate on a contingency fee basis, which means from start to finish, you won’t pay a dime until we can recover compensation. The Fee Is Free®, and we only get paid if you do.

Morgan & Morgan is America’s largest injury law firm, with more than 35 years of experience and a track record of recovering over $25 billion for clients. Our cerebral palsy lawyers have the experience, compassion, and resources to take on even the largest hospitals, insurance companies, and healthcare providers.

If your child has been diagnosed with cerebral palsy and you suspect medical negligence played a role, don’t wait. The sooner you take action, the better your chances of obtaining justice and securing the financial resources your family needs.

Contact us today for a free case evaluation to learn more about your legal options.