Do you qualify for a cerebral palsy lawsuit?
In every state, medical professionals are bound by standards of care when performing procedures like child delivery. If a patient is injured because a professional failed to meet those standards, their insurance carrier or employer may be responsible — and your family may qualify for a lawsuit.
Examples of substandard medical care that can cause cerebral palsy and support a legal claim:
- Ignoring abnormal fetal heart rate patterns during labor
- Improper use of delivery tools like vacuum extractors or forceps
- Not detecting or properly treating infections during pregnancy or delivery
- Restricting oxygen to an infant by mishandling a collapsed umbilical cord
- Delaying or failing to perform a necessary C-section
- Failure to recognize and respond to signs of fetal distress
This is not a complete list. If you suspect anything went wrong during your delivery, the only way to know for certain is to have a birth injury lawyer investigate your medical records. Contact us today for a free, no-obligation case review.
Missouri’s largest medical malpractice verdict — family awarded after delayed C-section caused severe brain damage and cerebral palsy.
What qualifies as medical negligence for a CP lawsuit?
Proving medical negligence means using evidence to show your child suffered injury as a result of mistakes by medical professionals. Your lawyer establishes three elements using medical records, expert testimony, and applicable law.
- 1Duty of care was owed — a doctor-patient or provider-patient relationship existed. This is almost always established once care was provided during your pregnancy or delivery.
- 2Duty of care was breached — the care received was below the normal standard. This shows the medical professional was negligent in their actions or failed to act when action was required.
- 3Damages resulted from the breach — the negligence was the primary cause of your child’s injury, and your family suffered damages as a result. Expert medical testimony links the specific negligent act to the brain injury.
What medical mistakes cause cerebral palsy?
Studies show around 160,000 childbirth injuries occur each year that could have been avoided. While most deliveries go smoothly, specific mistakes have been repeatedly linked to brain damage that causes cerebral palsy.
Failing to act in a timely manner during delivery complications — most commonly, failure to perform a medically necessary C-section when fetal distress is clearly evident.
Using too much force while assisting birth can cause nerve damage, skull fractures, or internal bleeding — especially when vacuum extractors or forceps are used incorrectly.
When signs of distress like abnormal heart rates or reduced oxygen go unnoticed due to inadequate monitoring, it delays care that could prevent long-term brain injury.
Even when warning signs are detected, a slow or inadequate medical response to heart rate irregularities or oxygen deprivation can significantly worsen outcomes.
Vacuum extractors and forceps require precision and care. Incorrect use can cause head trauma and spinal cord injuries that directly increase the risk of cerebral palsy.
Failing to recognize and treat conditions like infections, preeclampsia, or gestational diabetes leads to complications that elevate the risk of brain injury during delivery.
Many parents never receive a full explanation of what caused their child’s injury — doctors and hospitals rarely volunteer information about negligence. A birth injury attorney can obtain and independently review all records to give you an honest answer. Get a free review today.
What is the average settlement for a cerebral palsy lawsuit?
Around 95% of CP birth injury lawsuits end in settlement. With average lifetime care costs around $1.7 million and total damages commonly exceeding $2 million, settlements above $1 million are routine. Below are examples secured by our partner lawyers.
Brain damage due to failure to diagnose placental abruption
Bilateral frontal parietal brain damage
Severe brain damage and neonatal seizures birth injury
Cerebral palsy due to medical malpractice
CP from failure to properly read fetal heart tracings; delayed delivery
Traumatic vacuum extractor injury causing infant brain damage
Cerebral palsy from failure to diagnose fetal distress
Cerebral palsy due to failure to diagnose fetal distress
Cerebral palsy from failure to diagnose fetal distress
Birth injury from medical negligence
Each case is unique. Final value depends on the severity of your child’s condition, lifetime care needs, and level of demonstrable negligence. The quality of legal counsel also matters significantly. See our recent settlements page for more examples.
Our network of birth injury specialists can review your case at no cost. Contact us today to find out whether your family may qualify for compensation.
How do you file a cerebral palsy lawsuit?
Filing involves gathering hospital records, hiring medical experts, and attending hearings. Your CP lawyer handles 99% of these tasks — you never need to leave your home, and there is no charge unless you receive an award.
Call, chat, or complete the intake form on this page. You can speak with a lawyer or nurse today to get an initial assessment of whether your child’s case may qualify. Free and confidential.
You’ll be connected with a top-rated firm specializing in birth injury litigation. In most cases the full intake and formal retention can be completed the same day — remotely, from home.
Once your case qualifies, your lawyer sends retainer and medical release forms. With e-signatures, they can begin gathering records and building your case as soon as the next business day. No fees unless you receive an award.
Most lawsuits take 12–24 months to resolve from the filing date. Many settle within 12 months once both sides have reviewed evidence and can assess likely outcomes.
How long after birth can you file a cerebral palsy lawsuit?
Every state limits how long you have to file. These statutes of limitations typically range from 1–4 years, with different rules depending on who is filing and what type of claim is brought.
Filed by a legal guardian on behalf of the injured child. Most states allow 1–4 years from injury, extended in many states when negligence is discovered later, or until the child turns 18.
Parents may file separately for loss of consortium — harm from losing a child’s companionship and normal relations. Most states limit this to 1–4 years with no minor-child extension.
If a child passed due to their birth injury, most states allow only 1–3 years from date of death. Evidence must be gathered quickly. Speak with a lawyer immediately.
Even if your child’s deadline is extended, parental claims have shorter windows. Medical evidence and witness memories fade over time. Speak with a lawyer today to confirm your specific deadline and protect your family’s legal rights.
Frequently asked questions about CP lawsuits
Gathering evidence and preparing for filing takes 3 to 6 months. After filing, trial is typically set within 12 to 18 months. About 95% of cases settle before trial, many within 12 months of filing.
CP settlements routinely exceed $1 million. With average economic damages of $1.74 million and non-economic damages added, total awards commonly exceed $2 million in serious cases. Value can only be reliably estimated after thorough investigation of your specific case.
Statutes of limitations typically range from 1 to 4 years from the injury date depending on the state and who files. Many states extend the deadline for minors until age 18, but parental consortium claims may have shorter windows. Check your state’s deadline and contact a lawyer immediately.
Your attorney pays all filing fees, medical record costs, expert witnesses, and travel upfront. You owe nothing unless you receive an award. If you receive compensation, your lawyer deducts contingency fees typically ranging from 33% to 40% of the recovery depending on case progression.
A formal diagnosis helps but is not required to begin. Your lawyer can gather evidence and prepare your case before a final diagnosis is received. Contacting a lawyer early also ensures you don’t miss filing deadlines that cannot be extended once passed.
Families may receive assistance from Social Security Disability, private health and disability insurance, and private grants. However, a legal award is typically the largest single source of lifetime care funding — covering therapy, surgery, adaptive equipment, home modifications, and lost earning potential for your child.
