What Causes Cerebral Palsy? Understanding Birth Injuries, Brain Damage, and Risk Factors

Learning that your child has cerebral palsy often leads to a difficult question: what causes cerebral palsy, and could it have been prevented? Cerebral palsy is a neurological disorder caused by brain damage that occurs before, during, or shortly after birth. While some cases result from unavoidable complications, a significant percentage are caused by preventable medical errors during labor and delivery. Understanding the causes of cerebral palsy is the first step toward getting answers—and getting your family the support you deserve.

If you believe your child’s cerebral palsy was caused by medical negligence during childbirth, you may have legal options. A birth injury attorney can review your medical records at no cost and help you understand whether malpractice occurred. Because statute of limitations deadlines apply to birth injury cases, it’s important to get answers sooner rather than later. Contact a birth injury lawyer today for a free, confidential case evaluation.

On this page:

• What is cerebral palsy
• When brain damage occurs
• Oxygen deprivation and CP
• Birth injuries that cause CP
• Genetic and prenatal causes
• Medical negligence causes
• Risk factors for cerebral palsy
• Determining the cause
• When CP is medical malpractice
• Finding a birth injury lawyer
• Frequently asked questions

What Is Cerebral Palsy?

Cerebral palsy is a group of permanent movement disorders that appear in early childhood. The condition affects muscle tone, posture, coordination, and motor skills. The term “cerebral” refers to the brain’s cerebrum, which controls movement and other functions, while “palsy” describes problems with muscle control.

According to the Centers for Disease Control and Prevention (CDC), cerebral palsy affects approximately 1 in 345 children in the United States, making it the most common motor disability in childhood. The brain damage that causes cerebral palsy is non-progressive, meaning the injury itself doesn’t worsen over time. However, the symptoms may change as a child grows and develops.

The severity of cerebral palsy varies significantly. Some children have mild motor impairments and can walk independently, while others have severe physical disabilities requiring lifelong assistance. Many children with cerebral palsy also experience co-occurring conditions, including intellectual disabilities, seizures, vision problems, and hearing impairments.

Understanding what causes cerebral palsy helps families determine whether preventable medical errors played a role in their child’s condition. In many cases, the brain damage occurred during a specific event during labor and delivery—an event that may have been avoided with proper medical care.

When Does the Brain Damage That Causes Cerebral Palsy Occur?

The brain damage that leads to cerebral palsy can occur during three distinct time periods. Knowing when the injury happened is important for determining whether medical negligence played a role.

Congenital Cerebral Palsy accounts for the majority of cases—approximately 85-90% according to medical research. This type develops before or during birth due to abnormal brain development or brain injury during pregnancy or delivery. Congenital cerebral palsy may be caused by infections during pregnancy, oxygen deprivation during childbirth, premature birth complications, or traumatic delivery injuries.

Acquired Cerebral Palsy occurs after birth, typically within the first few years of life. This accounts for roughly 10-15% of cases. Causes of acquired cerebral palsy include infections such as meningitis, head injuries from accidents or abuse, severe untreated jaundice leading to kernicterus, or stroke during infancy.

The timing of brain damage matters for legal purposes. Birth injuries that occur during labor and delivery are most likely to involve medical malpractice. When healthcare providers fail to recognize warning signs, respond appropriately to complications, or make critical errors during childbirth, the resulting oxygen deprivation or trauma can cause permanent brain damage.

Medical records often contain clues about when the injury occurred. Low Apgar scores, abnormal fetal heart rate patterns, the need for resuscitation at birth, and umbilical cord blood gas abnormalities all suggest that brain damage occurred during or immediately after delivery.

If you suspect your child’s cerebral palsy resulted from events during birth, an experienced birth injury attorney can review your medical records and consult with medical experts to determine whether negligence occurred. Don’t wait to explore your legal options—time limits apply to filing birth injury lawsuits.

Oxygen Deprivation: A Leading Cause of Cerebral Palsy

Oxygen deprivation to the brain—medically known as birth asphyxia or hypoxia—is one of the most common preventable causes of cerebral palsy. When a baby’s brain doesn’t receive adequate oxygen during labor and delivery, brain cells begin to die, resulting in permanent damage.

The medical term for this condition is hypoxic-ischemic encephalopathy (HIE), which describes brain damage caused by reduced oxygen (hypoxia) and decreased blood flow (ischemia). HIE is strongly associated with the development of cerebral palsy, particularly spastic cerebral palsy, which affects muscle tone and movement.

Brain damage from oxygen deprivation can occur in a matter of minutes. The brain is extremely sensitive to oxygen loss, and even brief periods of severe hypoxia can cause permanent injury. The severity of cerebral palsy often correlates with the duration and intensity of oxygen deprivation.

Several complications during labor and delivery can lead to oxygen deprivation:

Umbilical cord problems can restrict oxygen flow to the baby. Cord prolapse occurs when the umbilical cord slips into the birth canal before the baby, becoming compressed during contractions. Nuchal cord (cord wrapped around the baby’s neck) can also restrict blood flow. A true knot in the umbilical cord may tighten during delivery, cutting off oxygen supply.

Placental complications interfere with oxygen transfer. Placental abruption happens when the placenta separates from the uterine wall prematurely, disrupting oxygen flow. Placental insufficiency means the placenta cannot provide adequate oxygen and nutrients to support the baby’s needs.

Uterine rupture is a catastrophic event where the uterine wall tears, often along a previous cesarean scar. This medical emergency causes severe fetal oxygen deprivation and requires immediate delivery to prevent brain damage or death.

Prolonged or difficult labor can stress the baby and reduce oxygen supply. When contractions are too frequent or too strong—sometimes caused by excessive Pitocin—the baby may not have adequate time to recover between contractions. This can lead to cumulative oxygen deprivation.

Healthcare providers must monitor fetal heart rate patterns continuously during labor to detect signs of oxygen deprivation. Concerning patterns include late decelerations, minimal variability, and prolonged bradycardia. When these warning signs appear, immediate intervention is required—often an emergency cesarean section.

When medical professionals fail to recognize fetal distress or delay necessary interventions, the resulting birth asphyxia can cause severe, permanent brain damage. This type of medical negligence is a common basis for birth injury lawsuits.

Birth Injuries and Trauma That Cause Cerebral Palsy

Physical trauma during delivery can also cause the brain damage that leads to cerebral palsy. While some degree of pressure during birth is normal, excessive force or improper techniques can result in serious injury.

Traumatic delivery injuries occur when healthcare providers use excessive force during difficult deliveries. Improper use of delivery instruments such as forceps or vacuum extractors can cause skull fractures, brain bleeding, and other traumatic injuries. When doctors pull too hard or apply instruments incorrectly, the resulting trauma can damage delicate brain tissue.

Intracranial hemorrhage refers to bleeding inside the skull. This can occur when blood vessels rupture due to trauma, sudden pressure changes, or prolonged oxygen deprivation. Several types of brain bleeding are associated with cerebral palsy:

Intraventricular hemorrhage (IVH) is bleeding into the brain’s ventricles, more common in premature babies. Grades III and IV hemorrhages carry a high risk of cerebral palsy and other neurological disabilities.

Subdural hematoma occurs when blood collects between the brain and the dura (the outer membrane). This type of bleeding is often caused by birth trauma and can result from difficult deliveries or improper instrument use.

Subarachnoid hemorrhage involves bleeding around the brain’s surface. While small bleeds may resolve without consequences, significant hemorrhage can cause permanent brain damage.

Prolonged shoulder dystocia occurs when the baby’s shoulder becomes stuck behind the mother’s pubic bone during delivery. This obstetric emergency requires immediate, skilled intervention. Prolonged shoulder dystocia can cause oxygen deprivation as the baby’s body compresses the umbilical cord. The condition also increases the risk of brachial plexus injuries affecting the nerves that control arm movement.

Healthcare providers should anticipate shoulder dystocia risk factors, including large birth weight, maternal diabetes, and previous shoulder dystocia deliveries. When risk factors are present, doctors should discuss delivery options with the mother, including the possibility of scheduled cesarean section.

Improper management of shoulder dystocia—including excessive pulling, using too much force, or failing to perform appropriate maneuvers—constitutes medical negligence. The resulting injuries can include cerebral palsy, permanent nerve damage, and other serious complications.

Delayed cesarean section is a common cause of preventable birth injuries. When complications arise during labor, doctors must decide whether to proceed with vaginal delivery or perform an emergency C-section. Delaying this decision when warning signs indicate fetal distress can result in severe oxygen deprivation and brain damage.

Medical malpractice occurs when physicians fail to recognize the need for cesarean delivery or delay the procedure despite clear indications. Common scenarios include ignoring abnormal fetal heart rate patterns, continuing labor despite lack of progress, or attempting vaginal delivery when risk factors make it dangerous.

If you believe medical negligence during delivery caused your child’s cerebral palsy, contact a birth injury attorney for a free case review. An experienced lawyer can help determine whether your child’s injuries were preventable.

Infections During Pregnancy and Delivery

Maternal infections during pregnancy or childbirth can cause inflammation that damages the developing fetal brain. Research has established clear connections between certain infections and increased cerebral palsy risk.

Chorioamnionitis is an infection of the amniotic fluid and membranes surrounding the baby. This bacterial infection causes inflammation that can spread to the baby, triggering an inflammatory response that damages developing brain tissue. Studies show that babies exposed to chorioamnionitis have a significantly elevated risk of developing cerebral palsy.

Warning signs of chorioamnionitis include maternal fever, elevated heart rate, uterine tenderness, and foul-smelling amniotic fluid. Healthcare providers should monitor for these symptoms and treat infections promptly with antibiotics. Failure to diagnose and treat chorioamnionitis can constitute medical negligence.

Group B Streptococcus (GBS) is a type of bacteria that approximately 25% of pregnant women carry in their vaginal or rectal areas. While usually harmless to adults, GBS can cause serious infections in newborns, including meningitis and sepsis. These infections can lead to brain damage and cerebral palsy.

Pregnant women should be tested for GBS between 35 and 37 weeks of pregnancy. If a woman tests positive, she should receive intravenous antibiotics during labor to protect the baby. Failure to test for GBS, failure to provide antibiotics when indicated, or failure to recognize and treat newborn GBS infection can be considered medical malpractice.

TORCH infections is an acronym representing several infections that can cross the placenta and harm the developing fetus: Toxoplasmosis, Other infections (including syphilis and HIV), Rubella, Cytomegalovirus (CMV), and Herpes simplex virus. These infections can cause brain damage, developmental abnormalities, and cerebral palsy.

Bacterial meningitis in newborns is a serious infection of the membranes surrounding the brain and spinal cord. This infection can cause inflammation and brain damage leading to cerebral palsy, hearing loss, intellectual disabilities, and other permanent conditions. Healthcare providers must recognize signs of infection quickly and begin aggressive antibiotic treatment.

Proper prenatal care includes screening for infections, vaccinations when appropriate, and education about avoiding exposure to harmful bacteria and viruses. During labor and delivery, medical staff must recognize signs of infection and respond appropriately. After birth, healthcare providers should monitor newborns for symptoms of infection and treat aggressively when infections occur.

When medical professionals fail to prevent, diagnose, or treat infections properly, and a child develops cerebral palsy as a result, families may have grounds for a medical malpractice lawsuit.

Premature Birth and Low Birth Weight

Babies born prematurely (before 37 weeks of gestation) face significantly higher risks of cerebral palsy compared to full-term infants. The earlier a baby is born, the greater the risk. According to medical research, babies born before 28 weeks have a cerebral palsy risk approximately 50 times higher than full-term babies.

Several factors contribute to increased cerebral palsy risk in premature infants:

Immature brain development makes premature babies more vulnerable to injury. The brain’s white matter—which contains nerve fibers that transmit signals between different brain regions—is particularly susceptible to damage in preterm infants. A condition called periventricular leukomalacia (PVL) involves damage to this white matter and is strongly associated with cerebral palsy.

Fragile blood vessels in the premature brain are prone to bleeding. Intraventricular hemorrhage (bleeding into the brain’s ventricles) occurs in approximately 20-25% of very premature babies. Severe hemorrhages can cause brain damage leading to cerebral palsy and other neurological problems.

Respiratory complications are common in premature babies whose lungs are not fully developed. Breathing difficulties can lead to oxygen deprivation, which damages brain tissue. Babies who require prolonged mechanical ventilation or who experience repeated episodes of low oxygen levels face higher cerebral palsy risk.

Low birth weight (less than 5 pounds, 8 ounces) increases cerebral palsy risk even in babies born at term. Very low birth weight babies (less than 3 pounds, 5 ounces) face particularly high risk. Low birth weight can result from premature birth, intrauterine growth restriction, or maternal health conditions affecting fetal development.

While prematurity itself is not always preventable, healthcare providers have a responsibility to manage high-risk pregnancies appropriately. Medical negligence related to premature birth may include:

Failure to identify and treat preterm labor with appropriate interventions. Failure to administer corticosteroids to mothers at risk of preterm delivery—these medications help accelerate fetal lung development and reduce complication risks. Improper management of maternal conditions such as preeclampsia or gestational diabetes that increase preterm birth risk. Failure to transfer the mother to a facility with a neonatal intensive care unit (NICU) capable of caring for premature infants.

Not all cases of cerebral palsy in premature babies result from medical negligence. However, when healthcare providers fail to meet the standard of care in managing premature birth and its complications, resulting in preventable brain damage, families may have valid malpractice claims.

A birth injury lawyer can review your pregnancy and delivery records to determine whether negligence contributed to your child’s premature birth or whether complications were managed improperly. Request a free consultation to learn more about your legal options.

Genetic Factors and Congenital Abnormalities

While most cases of cerebral palsy result from brain damage rather than genetic causes, research has identified some genetic factors that may increase susceptibility to cerebral palsy or contribute to abnormal brain development.

Genetic mutations affecting brain development account for a small percentage of cerebral palsy cases. Recent research has identified several genes associated with increased cerebral palsy risk, though genetic testing is not yet routine. Most children with cerebral palsy do not have identifiable genetic abnormalities.

Chromosomal abnormalities such as deletions, duplications, or translocations may be present in some children with cerebral palsy. However, these are not common, and most chromosomal disorders have their own distinct diagnoses separate from cerebral palsy.

Family history appears to play a small role. Children with a family history of cerebral palsy or other neurological conditions may have slightly elevated risk, though the vast majority of children with cerebral palsy have no family history of the condition.

Congenital brain malformations result from abnormal brain development during pregnancy. Conditions such as lissencephaly (smooth brain surface), polymicrogyria (abnormal brain folding), or other structural abnormalities can cause cerebral palsy symptoms. These malformations may occur due to genetic factors, prenatal infections, or disrupted blood flow during critical developmental periods.

Multiple births (twins, triplets, or higher-order multiples) carry increased cerebral palsy risk. This increased risk results from several factors, including higher rates of premature birth, low birth weight, and complications during pregnancy and delivery. When one twin dies in utero, the surviving twin faces significantly elevated cerebral palsy risk due to sudden blood pressure changes and potential clotting factors.

It’s important to note that even when genetic factors or congenital abnormalities are present, medical negligence during pregnancy or delivery can still contribute to cerebral palsy. For example, a baby with mild brain malformation might develop normally with appropriate care but suffer additional brain damage if oxygen deprivation occurs during delivery.

Distinguishing between genetic causes and birth injury causes requires thorough medical investigation. Families should not assume that cerebral palsy was inevitable or genetic without consulting medical experts who can review the complete medical history.

Medical Negligence That Causes Cerebral Palsy

While not all cerebral palsy cases result from medical malpractice, studies suggest that a substantial percentage of cases involve preventable medical errors. Understanding common types of medical negligence during birth helps families determine whether their child’s condition could have been avoided.

Failure to monitor fetal heart rate is one of the most common forms of birth injury negligence. Continuous electronic fetal monitoring during labor allows healthcare providers to detect signs of fetal distress. Concerning patterns—such as late decelerations, minimal variability, or prolonged bradycardia—indicate that the baby is not receiving adequate oxygen. When medical staff fail to monitor properly, misinterpret monitoring strips, or ignore warning signs, the baby may suffer severe oxygen deprivation.

Delayed response to fetal distress occurs when healthcare providers recognize warning signs but fail to act quickly enough. Once fetal distress is identified, immediate intervention is often necessary. This may include repositioning the mother, providing oxygen, stopping Pitocin, performing amnioinfusion, or proceeding with emergency cesarean section. Every minute of delay increases the risk of permanent brain damage.

Improper use of Pitocin can cause excessively strong or frequent contractions that stress the baby. Pitocin is a synthetic version of oxytocin used to induce or augment labor. When administered improperly—in excessive doses or without adequate monitoring—Pitocin can cause hyperstimulation. This reduces the time between contractions, preventing the placenta from adequately reoxygenating the baby’s blood. Prolonged hyperstimulation can lead to severe oxygen deprivation and brain damage.

Failure to perform a timely cesarean section represents a critical form of medical negligence. When complications arise that make vaginal delivery dangerous, physicians must make timely decisions to proceed with C-section. Common scenarios requiring emergency cesarean delivery include fetal distress that doesn’t resolve with conservative measures, placental abruption, umbilical cord prolapse, uterine rupture, and failure of labor to progress despite interventions.

The medical community generally recognizes a “decision-to-incision” time of 30 minutes for emergency cesarean sections when immediate threats to the baby exist. Delays beyond this timeframe—when immediate delivery is indicated—may constitute negligence.

Vacuum and forceps injuries can occur when delivery instruments are used improperly. While these tools can be necessary for assisted vaginal delivery, they must be used correctly to avoid serious injury. Excessive force, too many attempts, improper placement, or using instruments when contraindicated can cause skull fractures, brain bleeding, and other traumatic injuries leading to cerebral palsy.

Failure to diagnose and treat jaundice can lead to kernicterus, a type of brain damage caused by severe, untreated jaundice. When bilirubin levels become extremely elevated, the substance can cross the blood-brain barrier and damage brain tissue, particularly the basal ganglia. This causes a form of cerebral palsy called kernicterus, which typically presents as athetoid or dyskinetic cerebral palsy. Kernicterus is preventable with proper monitoring and treatment of newborn jaundice through phototherapy or exchange transfusion when necessary.

Medication errors during pregnancy or delivery can harm the developing baby. This includes administering medications that are contraindicated during pregnancy, failing to provide necessary medications (such as antibiotics for Group B strep), or dosing errors with medications like magnesium sulfate (used to prevent seizures in preeclampsia).

Failure to respond to maternal complications can threaten the baby’s oxygen supply and brain development. Conditions such as preeclampsia, eclampsia, gestational diabetes, and placenta previa require careful monitoring and timely intervention. When healthcare providers fail to diagnose these conditions, delay treatment, or make errors in management, the baby may suffer brain damage.

If you suspect that medical errors during your pregnancy, labor, or delivery contributed to your child’s cerebral palsy, you have the right to seek answers. An experienced birth injury attorney can obtain your medical records, consult with medical experts, and help determine whether negligence occurred. Contact a lawyer today for a free, confidential case evaluation.

Risk Factors for Cerebral Palsy

Certain maternal and fetal risk factors increase the likelihood of cerebral palsy. While having risk factors doesn’t guarantee that cerebral palsy will occur, healthcare providers must recognize these factors and provide appropriate care to minimize risks.

Maternal health conditions that increase risk include:

Thyroid disorders affecting fetal brain development. Seizure disorders requiring medication that may affect the baby. High blood pressure or preeclampsia, which can reduce blood flow to the placenta. Diabetes, which increases risks of macrosomia (large baby), birth injuries, and metabolic problems. Blood clotting disorders that can cause placental problems or stroke. Autoimmune conditions such as lupus or thyroid antibodies.

Pregnancy complications associated with higher cerebral palsy risk include:

Abnormal placental function or placental abruption. Rh incompatibility without proper treatment. Severe morning sickness affecting nutrition. Bleeding during pregnancy. Preterm labor or premature rupture of membranes. Intrauterine growth restriction. Multiple gestations (twins, triplets).

Delivery complications that increase risk include:

Breech presentation or other abnormal fetal positions. Prolonged labor or failure to progress. Shoulder dystocia. Umbilical cord problems (prolapse, nuchal cord, knots). Need for emergency cesarean section. Assisted delivery requiring forceps or vacuum extraction.

Newborn factors associated with cerebral palsy include:

Prematurity (especially before 32 weeks). Low birth weight or very low birth weight. Low Apgar scores at 5 and 10 minutes. Need for resuscitation at birth. Seizures in the newborn period. Hypoglycemia (low blood sugar). Severe jaundice. Respiratory distress requiring prolonged ventilation.

Healthcare providers must recognize these risk factors and adjust care accordingly. This may include more frequent monitoring, specialized testing, early intervention for complications, consultation with maternal-fetal medicine specialists, delivery at hospitals equipped with Level III or IV NICUs, or recommending cesarean delivery when vaginal birth poses excessive risk.

When physicians fail to identify risk factors, fail to provide appropriate monitoring and care, or fail to intervene when complications develop, resulting brain damage may constitute medical malpractice.

Determining What Caused Your Child’s Cerebral Palsy

Identifying the specific cause of cerebral palsy requires careful analysis of medical records, imaging studies, and the child’s clinical presentation. This investigation is important both for understanding your child’s condition and for determining whether medical negligence played a role.

Medical record review provides critical information about what happened during pregnancy, labor, and delivery. Important documents include:

Prenatal records showing ultrasounds, test results, and maternal health conditions. Labor and delivery records documenting the timeline of events, fetal monitoring strips, interventions performed, and the baby’s condition at birth. Newborn records including Apgar scores, umbilical cord blood gas results, and any resuscitation or treatments provided. Neuroimaging reports from MRI or CT scans showing the location and extent of brain damage.

Fetal monitoring strips are often the most important evidence in birth injury cases. These continuous recordings of the baby’s heart rate during labor show how the baby responded to contractions and whether signs of distress appeared. Medical experts can analyze monitoring strips to determine whether the baby experienced oxygen deprivation and whether healthcare providers responded appropriately.

Timing of brain injury can often be determined through careful analysis. Certain findings suggest when damage occurred:

Specific patterns on MRI scans can distinguish between injuries that occurred weeks before birth versus those that happened during delivery. Umbilical cord blood gas results showing acidosis (high acid levels) indicate recent oxygen deprivation at the time of birth. The presence and severity of neonatal encephalopathy (abnormal brain function in the newborn period) correlate with recent injury. Apgar scores provide snapshots of the baby’s condition at 1, 5, and 10 minutes after birth.

Expert medical review is necessary to connect the medical evidence to the cerebral palsy diagnosis. Experts in maternal-fetal medicine, obstetrics, neonatology, and neurology can analyze the records and provide opinions about:

Whether the brain damage occurred before, during, or after birth. What specific events or conditions caused the injury. Whether the injury was preventable with appropriate medical care. Whether healthcare providers’ actions met the standard of care or constituted negligence.

Ruling out other causes is an important part of the investigation. Medical experts must consider whether genetic factors, unavoidable complications, or congenital abnormalities contributed to the cerebral palsy. However, the presence of risk factors or complications doesn’t automatically mean medical negligence didn’t occur. Even high-risk pregnancies and deliveries require appropriate care.

Birth injury attorneys work with qualified medical experts to conduct thorough investigations. These experts review all available records and provide detailed opinions about causation and whether malpractice occurred. This expert testimony is necessary to pursue a medical malpractice lawsuit successfully.

Don’t wait to explore your legal options. Statute of limitations deadlines limit how long you have to file a birth injury lawsuit. Contact an experienced birth injury attorney today for a free case evaluation.

When Cerebral Palsy Is Caused by Medical Malpractice

Not every case of cerebral palsy involves medical negligence, but when preventable errors cause or contribute to brain damage, families have the right to pursue compensation through a medical malpractice lawsuit.

To establish medical malpractice in a birth injury case, four elements must be proven:

Duty of care exists when a healthcare provider-patient relationship is established. Obstetricians, nurses, midwives, and hospitals owe pregnant women and their babies a duty to provide care that meets accepted medical standards.

Breach of duty occurs when healthcare providers fail to meet the standard of care. The standard of care is defined as what a reasonably competent healthcare provider with similar training would do under similar circumstances. Breaches might include failing to monitor the baby properly, ignoring signs of fetal distress, delaying necessary interventions, using excessive force during delivery, or making medication errors.

Causation means the breach of duty directly caused or substantially contributed to the child’s injuries. It’s not enough to show that a healthcare provider made an error—you must prove that the error caused cerebral palsy. This requires expert medical testimony connecting the negligent actions to the brain damage.

Damages are the injuries and losses resulting from negligence. In birth injury cases, damages include the child’s cerebral palsy diagnosis, associated medical conditions, need for ongoing medical care and therapy, pain and suffering, and diminished quality of life.

Common malpractice scenarios that cause cerebral palsy include:

A doctor fails to recognize fetal distress on monitoring strips and doesn’t perform an emergency cesarean section. The baby suffers oxygen deprivation, develops HIE, and is later diagnosed with spastic cerebral palsy.

A nurse administers excessive Pitocin, causing hyperstimulation. The frequent, intense contractions reduce oxygen flow to the baby. Despite concerning heart rate patterns, the medical team doesn’t stop the Pitocin or expedite delivery. The baby suffers brain damage from prolonged oxygen deprivation.

During a difficult delivery, the doctor uses excessive force with forceps, causing intracranial hemorrhage. The bleeding damages brain tissue, resulting in cerebral palsy.

Healthcare providers fail to diagnose and treat a maternal infection during labor. The infection spreads to the baby, causing inflammation that damages developing brain tissue.

A newborn develops severe jaundice, but healthcare providers fail to monitor bilirubin levels properly or delay phototherapy treatment. The bilirubin reaches toxic levels, crosses the blood-brain barrier, and causes kernicterus.

Proving medical malpractice in birth injury cases requires substantial evidence and expert testimony. Birth injury lawyers work with obstetricians, neonatologists, neurologists, and other medical experts who review records and provide opinions about whether negligence occurred. These experts must be qualified and experienced in the relevant medical specialties.

The litigation process typically includes:

Free initial consultation where the attorney evaluates your case. Thorough medical record review. Consultation with medical experts to determine whether malpractice occurred. Filing a lawsuit before the statute of limitations expires. Discovery phase where both sides exchange evidence and take depositions. Settlement negotiations. Trial if a fair settlement cannot be reached.

Many birth injury cases settle before trial, but you need an attorney prepared to take your case to court if necessary. The strongest settlements come when healthcare providers and insurance companies know you have a strong case and are willing to pursue it fully.

Finding a Birth Injury Lawyer for Your Cerebral Palsy Case

If you believe your child’s cerebral palsy was caused by medical negligence, choosing the right attorney is important for your family’s future. Birth injury cases are complex, requiring both medical knowledge and legal expertise.

Look for specific experience in birth injury and cerebral palsy cases. General personal injury lawyers may not have the specialized knowledge needed to handle these complex medical malpractice claims. Ask potential attorneys about their experience with cerebral palsy cases specifically, including their track record of settlements and verdicts.

Resources matter in birth injury litigation. These cases require consultation with multiple medical experts, extensive medical record review, and sometimes substantial upfront costs. Choose a law firm with the financial resources to handle complex cases properly. They should have established relationships with qualified medical experts in obstetrics, neonatology, neurology, and life care planning.

Reputation and track record provide insight into an attorney’s abilities. Look for lawyers who have obtained significant settlements and verdicts in birth injury cases. Check reviews from former clients and professional ratings. Be cautious of attorneys who make unrealistic promises—ethical lawyers cannot guarantee specific outcomes.

Communication and compassion are important qualities. Birth injury cases can take years to resolve. You need an attorney who communicates clearly, returns calls promptly, and treats your family with respect and empathy. During your initial consultation, assess whether the attorney listens to your concerns and explains legal concepts in understandable terms.

Fee structure for birth injury cases typically involves contingency fees. This means the attorney receives a percentage of the settlement or verdict (usually 33-40%) and doesn’t charge upfront fees. If your case is unsuccessful, you don’t owe attorney fees, though you may be responsible for case expenses in some arrangements. Make sure you understand the fee agreement before signing.

Questions to ask potential birth injury attorneys:

How many cerebral palsy cases have you handled? What were the outcomes of recent cases similar to mine? What medical experts will you consult for my case? How long do these cases typically take? What is your fee structure? Will you personally handle my case or delegate to associates? How often will you update me on case progress? What do you see as the strengths and weaknesses of my case?

Initial consultations are typically free for birth injury cases. Use this opportunity to meet with several attorneys, ask questions, and choose the lawyer you trust to represent your family’s interests.

Don’t let the statute of limitations expire while you’re deciding whether to pursue a claim. The law imposes strict deadlines for filing medical malpractice lawsuits. While many states have special provisions extending deadlines for injured children, you should consult an attorney as soon as you suspect medical negligence may have caused your child’s cerebral palsy.

Your family may be entitled to compensation for medical expenses, therapy costs, assistive equipment, special education needs, home modifications, lost earning capacity, pain and suffering, and other damages. A birth injury lawsuit can provide financial resources to ensure your child receives the best possible care throughout their lifetime.

Contact an experienced birth injury lawyer today for a free, confidential case evaluation. You have nothing to lose and potentially everything to gain by exploring your legal options.

Frequently Asked Questions About What Causes Cerebral Palsy