Cerebral Palsy Lawsuit

Cerebral palsy is a group of neurological conditions. This condition can affect movement, posture, muscle tone, and coordination.

The Cleveland Clinic has described cerebral palsy as a group of neurological conditions that affect a person’s movement as well as posture.

The University of Michigan has reported that cerebral palsy is the most common childhood-onset disability in the United States. According to the report, roughly 10,000 babies are diagnosed annually.

Cerebral palsy may develop when the brain does not develop normally. It can also result from damage to the developing brain.

MedlinePlus explains that most cases are congenital. This means the underlying brain development or damage happened before or around birth.

Cerebral palsy can also have various causes. But a diagnosis alone does not identify a specific cause.

A federal court case reportedly also considered the point that a cerebral palsy diagnosis by itself does not establish one cause.

Signs & Symptoms of Cerebral Palsy

The symptoms can vary from one child to another.

Possible signs include:

• Motor developmental delay

• Muscle tone abnormality

• Poor muscle coordination

• Difficulty sitting unsupported

• Difficulty balancing and walking

• Abnormal patterns of movement

• Diminished motor control in specific muscles

Some children may need minimal support. Others may need substantial assistance with daily activities.

How Is Cerebral Palsy Diagnosed?

It is common for doctors to monitor a child’s development over time.

A neurological exam may be used in such cases. Motor function may also be assessed. Medical imaging may offer more information in some cases.

A diagnosis may come months or even years after the original brain injury.

Research on birth injury claims noted that some brain injuries become apparent only after a child misses developmental milestones.

Treatment & Prognosis

Cerebral palsy is a lifelong condition. Treatment may still improve movement, communication, and daily function.

Treatment may include physical therapy or occupational therapy. Speech therapy may also be part of treatment.

Some children use medications or mobility aids. Surgery may be needed in certain cases.

Special education or additional support may also be needed.

Cerebral palsy can have several causes.

Possible causes or contributing conditions include:

• Abnormal brain development

• Maternal infection

• Infant infection

• Fetal stroke

• Brain bleeding

• Traumatic injury

• Oxygen deprivation

The Mayo Clinic states that oxygen deprivation during a difficult labor or delivery can contribute to cerebral palsy. It also notes that this cause is less common than doctors once believed.

Research on birth complications has associated placental abruption, cord prolapse, and uterine rupture with an increased risk of cerebral palsy.

Another study on cerebral palsy risk factors identified several factors associated with cerebral palsy. The researchers also noted uncertainty about which modifiable factors contribute to the condition.

Not every cerebral palsy diagnosis results from a medical error.

One medical review estimated that prenatal factors account for 70% to 80% of cerebral palsy cases. Birth asphyxia was reportedly linked to fewer than 10% in that review.

Is Cerebral Palsy Caused by Medical Negligence?

Not always.

Some cases may involve concerns about missed fetal distress. Others focus on a delayed C-section.

Research on fetal distress has examined malpractice claims. It describes failure to recognize and respond to the warning signs.

Another medical study examined unnecessary delays in medically indicated C-sections after fetal compromise was recognized.

Maternal complications can also be relevant to the claim. A New York court decision reviewed allegations of delays in diagnosis and treatment.

An Ohio case addressed allegations that inadequate monitoring during a difficult labor caused preventable harm.

A 2025 New York case reportedly discussed allegations that delays in treatment contributed to HIE.

Medical expert testimony may be needed to address the standard of care and causation. One birth injury case addressed this type of testimony.

A cerebral palsy lawsuit may focus on when the brain injury happened and what the medical team did at that time.

A cerebral palsy case typically begins with a review of the child’s diagnosis and medical history.

The case may then proceed through investigation, filing, settlement talks, or trial.

1. Free Case Review

A lawyer may first review the pregnancy and delivery history.

The child’s diagnosis may also be discussed. Possible medical errors and treatment may be reviewed as well.

A cerebral palsy lawyer may then decide if further review is needed.

2. Investigation & Gathering Evidence

Records may include:

• Prenatal records

• Fetal heart rate tracings

• Labor records

• Birth records

• Newborn records

• Medical imaging

• Witness statements

• Medical experts’ views

One federal appeals court opinion has also mentioned the importance of medical documentation covering pregnancy, childbirth, and newborn care in birth injury reviews.

A medical study has cautioned against using fetal monitoring as exact proof of the time that a brain injury occurred.

Another study has also examined cerebral palsy as part of HIE birth injury claims. The claims involved allegations of oxygen deprivation during labor.

3. Filing the Lawsuit

The complaint would identify the defendants.

It would also describe the alleged medical errors and resulting injuries. The case must then follow the filing requirements that apply in that state.

4. Negotiating a Settlement

The parties may exchange evidence and discuss a potential settlement.

Medical records and the future needs of the child may affect negotiations.

Settlement may occur before trial. It may also happen after court proceedings have begun.

No settlement is guaranteed.

5. Trial (If Necessary)

A case that does not settle may proceed to trial.

Any available medical records, tests, and testimony of the witnesses may be presented to a judge or jury. The court would then decide liability and any damages that are allowed under the law.

There is no single settlement amount.

Any family concerned about this may seek compensation for losses permitted under state law. Those losses may help cover medical care or even long-term support.

Research from the University of Michigan found that adults with cerebral palsy had nearly three times the standardized reimbursement costs of adults without CP. The findings showed patients paying about twice as much out of pocket.

The value of a claim may depend on the facts of the case.

Average Cerebral Palsy Settlement Amounts

No accurate nationwide average has been established.

There is no single answer to how much a cerebral palsy lawsuit is worth.

Case value may depend on the evidence of negligence and causation. The severity of the disability may also affect the losses in the claim.

Future medical care may also influence the value of the case. State law can influence what may be recovered.

However, the results of past cases do not predict the outcome of another case.

Examples of Cerebral Palsy Claims

Cerebral palsy cases may involve different allegations.

Some will focus on delayed C-sections. Others concern fetal distress that was allegedly missed.

Claims may also focus on oxygen deprivation or Pitocin use. Delivery instruments and equipment may also be important in reviewing some cases.

In one federal cerebral palsy case, the family alleged that a delayed C-section led to prolonged oxygen deprivation and brain injury. The child was later diagnosed with cerebral palsy.

The prior cases provide context only. But they do not predict a new result.

Factors That Affect Case Value

Common factors include:

• Severity of the disability

• Lifetime medical care

• Therapy needs

• Assistive equipment

• Lost earning capacity

• Parental lost income

• Special education

• Pain and suffering

• Needing help with daily life

• Evidence of negligence

Families do not need all the answers even before requesting a review.

Medical records and the history of tests may help explain what happened during pregnancy, labor, or delivery. The child’s diagnosis may also help clarify the timeline.

Families who are considering a law firm for a cerebral palsy lawsuit may ask how medical records are reviewed. This also includes how filing deadlines are tracked.

Free consultations are available to families who believe preventable medical errors may have contributed to their child’s cerebral palsy.

Get a Free Consultation for a Cerebral Palsy Birth Injury Lawsuit