The short answer is yes, it absolutely can. When medical professionals fail to provide a reasonable standard of care during pregnancy, labor, delivery, or even shortly after birth, their mistakes may lead to devastating, lifelong conditions like cerebral palsy.
If you suspect this happened to your child, you deserve answers. At Cerebral Palsy Lawyer Alliance, our network of experienced lawyers can help you figure out what happened and what you can do next.
Call us at (888) 894-9067; we will connect you with a vetted lawyer who understands these complex cases.
Cerebral Palsy: More Than Just a Diagnosis
Cerebral palsy (CP) isn't a single disease. It’s a group of disorders affecting a person's ability to move and maintain balance and posture. It’s the most common motor disability in childhood. CP happens because of abnormal brain development or damage to the developing brain. This damage impacts the parts of the brain that control muscle movement, coordination, and posture.
The effects of cerebral palsy vary widely. Some individuals might have minor issues with muscle control. Others might be unable to walk and need lifelong care. The type and severity depend on which parts of the brain were damaged and how extensive that damage is. You might see issues with muscle tone (too stiff or too floppy), reflexes, coordination, balance, and fine or gross motor skills. Beyond movement, CP can also be associated with intellectual disabilities, seizures, vision or hearing problems, and speech difficulties.
CP is not progressive; the initial brain injury doesn’t get worse over time. However, the symptoms can change as a child grows and develops. What’s central to our discussion is that the brain damage leading to CP can sometimes be traced back to specific events, or lack of appropriate action, around the time of birth. And when those events involve a healthcare provider failing in their duties, that's where medical malpractice comes into play.
When Care Fails: Malpractice and CP
Medical professionals train for years to safely bring children into the world. Most of the time, they do an excellent job. But they are human, and sometimes they make mistakes. Other times, systemic failures or outright negligence occur. When these failures deviate from the accepted standards of medical care and directly cause harm, like brain damage leading to cerebral palsy, it's medical malpractice.
Here’s how things can go wrong:
Oxygen Deprivation (Hypoxic-Ischemic Encephalopathy - HIE)
This is a big one. A baby’s brain needs a constant supply of oxygen. If that supply gets cut off or severely restricted during labor or delivery, brain cells can die quickly. This condition, known as hypoxic-ischemic encephalopathy (HIE), is a leading cause of cerebral palsy.
Malpractice can lead to HIE in several ways:
- Failure to monitor fetal distress: Doctors and nurses should continuously monitor the baby’s heart rate and other vital signs during labor. If signs of distress appear (like a consistently abnormal heart rate), they need to act fast. Ignoring these signs or not interpreting them correctly can lead to prolonged oxygen deprivation.
- Umbilical cord problems: Issues like a prolapsed cord (where the cord slips down before the baby) or a nuchal cord (cord wrapped around the baby's neck) can cut off oxygen. If medical staff don't identify and manage these situations promptly and correctly, it can be malpractice.
- Placental abruption or uterine rupture: These are emergencies where the placenta detaches or the uterus tears. Both can severely compromise the baby’s oxygen supply. Failure to recognize the signs and perform an emergency C-section can be negligence.
Failure to Perform a Timely Cesarean Section, or C-Section
Sometimes, a vaginal delivery is not the safest option for the mother or baby. If fetal distress is evident, labor isn't progressing, or other complications arise (like placenta previa), a C-section might be necessary. Delaying this decision or an improperly performed procedure can lead to brain damage. If a C-section was clearly indicated by medical standards and wasn't performed, or wasn't performed quickly enough, this could be malpractice.
Improper Use of Delivery Tools
Forceps or vacuum extractors can help with a difficult vaginal delivery. But these tools require skill and precision. If used incorrectly, with too much force, or in the wrong situation, they can cause direct trauma to the baby’s head and brain. Skull fractures or intracranial hemorrhages (bleeding in the brain) from improper tool use can absolutely lead to cerebral palsy.
Failure to Detect and Treat Maternal Infections
Certain infections in the mother, like Group B streptococcus, herpes, or rubella, can pass to the baby during pregnancy or delivery. If these infections are not screened for, diagnosed, or treated appropriately, they can cause inflammation and damage to the baby’s developing brain, potentially resulting in CP. Doctors have a duty to follow protocols for testing and treating these infections.
Mismanagement of Jaundice, or Kernicterus
Many newborns develop jaundice, a yellowing of the skin due to high bilirubin levels. Usually, it's mild and resolves on its own. However, very high levels of bilirubin can be toxic to a baby’s brain, leading to a type of brain damage called kernicterus, which can cause cerebral palsy. Medical staff need to monitor bilirubin levels and provide treatment (like phototherapy) if they get too high. Failure to do so is a breach of care.
Medication Errors
Administering the wrong medication, the wrong dosage, or medication to which the mother or baby has a known allergy can have severe consequences. For instance, certain drugs given to induce or augment labor, if misused, can cause overly strong or frequent contractions, stressing the baby and potentially reducing oxygen flow.
Failure to Manage High-Risk Pregnancies
Some pregnancies are identified as high-risk from the start (e.g., gestational diabetes, preeclampsia, multiple births). These pregnancies require more careful monitoring and specialized care. If a doctor fails to recognize a high-risk situation or doesn't provide the appropriate level of care, and the baby suffers a birth injury leading to CP, it could be malpractice.
Proving that one of these failures, or others, directly caused your child's cerebral palsy is complex. It requires a thorough review of medical records by legal and medical experts. But if a deviation from the standard of care is found to be the cause, you have a right to seek answers and compensation.
Red Flags: Spotting Potential Medical Negligence
It’s sometimes difficult for parents to know if something went "wrong" in a medical sense, especially amidst the chaos and emotion of childbirth. You trust your doctors and nurses.
However, if your child has been diagnosed with cerebral palsy, and you have nagging doubts about the circumstances of their birth, some signs might suggest that medical negligence could have played a role. Remember, these are just potential indicators, not proof. But they might warrant a closer look.
Consider these points:
- Significant, unexplained complications during labor or delivery: Were there sudden emergencies? Was there a sense of panic or disorganization in the delivery room that seemed unusual?
- Prolonged labor without intervention: If labor stalled for many hours, especially if there were signs the baby was struggling, did the medical team take appropriate steps, like considering a C-section?
- Delayed C-section despite clear fetal distress: If the baby's heart rate monitors showed persistent, worrying patterns, how long did it take for the decision to perform a C-section to be made and acted upon? Every minute can count.
- Low APGAR scores that didn't improve quickly: APGAR scores assess a newborn's condition at 1 and 5 minutes after birth (and sometimes later). While a low initial score can happen, if the score remains very low and the baby requires significant resuscitation, it's worth understanding why.
- Your baby needed resuscitation or was unexpectedly rushed to the Neonatal Intensive Care Unit (NICU): If your pregnancy was considered low-risk and this happened, you deserve a clear explanation of the events that led to it.
- Visible injuries at birth: Did your baby have bruises, swelling on the head, or other signs of physical trauma, particularly if forceps or a vacuum were used?
- Seizures in the newborn period: Seizures shortly after birth can be a sign of brain injury.
- Lack of clear communication from medical staff: If serious issues arose, were they explained to you clearly and promptly? Or did you feel left in the dark or given vague answers?
- Medical records seem altered, incomplete, or are hard to obtain: While not always indicative of guilt, difficulty accessing complete and accurate records can sometimes be a red flag.
Your intuition as a parent is powerful. If something feels off, it's worth exploring with medical and legal professionals.
Your Path to Answers: Legal Steps
First, understand the time limits. Every state has a statute of limitations for medical malpractice lawsuits. This is a strict deadline by which you must file a claim. For birth injuries, these rules can be complex, sometimes extending into the child's early adulthood, but it’s crucial not to wait. The sooner you explore your options, the better.
Your next step is to gather medical records. You'll need all records related to the pregnancy, labor, delivery, and postnatal care for both mother and child. This includes prenatal visit notes, lab results, ultrasound reports, hospital admission records, fetal monitoring strips, delivery room notes, NICU records, and any specialist consultations. You have a right to these records.
Then, consult a specialized cerebral palsy lawyer. This is not the time for a general practice attorney. Cerebral palsy and birth injury cases are highly complex, requiring deep medical and legal knowledge. You need a lawyer who focuses specifically on this area. They often work with a network of medical experts. Look for a firm that offers a free initial consultation.
At cerebralpalsylawyer.co, our network of lawyers specializes in these cases. They can evaluate your situation and explain your legal options.
The Investigation Process:
If a lawyer believes you might have a case, they will begin a thorough investigation. This usually involves:
- Detailed Medical Record Review: The lawyer and their medical experts (like obstetricians, neonatologists, and neurologists) will meticulously examine all the records to identify any deviations from the accepted standards of care.
- Determining Breach of Duty: The experts will assess whether the actions (or inactions) of the medical professionals involved fell below the standard of care expected of a reasonably competent professional in similar circumstances.
- Establishing Causation: This is critical. It's not enough to show a mistake was made. The lawyer must prove that this specific mistake directly caused the brain injury that led to cerebral palsy. This often requires sophisticated medical expert testimony.
- Assessing Damages: If negligence and causation are established, the next step is to calculate the full extent of the damages. This includes current and future medical expenses, costs for therapies (physical, occupational, speech), assistive devices, home modifications, lost earning capacity for the child, and pain and suffering. Cerebral palsy often requires lifelong care, and these treatment costs can be astronomical.
Negotiation and Litigation:
Many medical malpractice cases are settled out of court. If a strong case is built, the hospital or doctor's insurance company may offer a settlement. Your lawyer will negotiate on your behalf to try and secure a fair amount. If a settlement can't be reached, the case may proceed to trial.
This process takes time and emotional energy. But for many families, it’s about more than just money. It's about accountability. It’s about understanding what truly happened to their child. And it's about ensuring their child has the best possible quality of life despite the challenges they face.
FAQ: Cerebral Palsy & Malpractice
Can I still pursue a case if I signed consent forms at the hospital?
Yes, generally. Consent forms inform you of known risks associated with a procedure. They do not release medical staff from their duty to provide a competent standard of care or protect them from negligence. If care fell below that standard and caused harm, a consent form typically doesn't prevent a malpractice claim.
How much does it cost to hire a cerebral palsy lawyer?
Most reputable birth injury lawyers work on a contingency fee basis. This means you don’t pay any attorney fees upfront. The lawyer only gets paid if they win your case, typically as a percentage of the settlement or award. This allows families to seek justice regardless of their financial situation.
What if I’m not sure if my child’s CP was due to malpractice?
That’s perfectly okay. It’s not your job to be a medical or legal expert. If you have even a slight suspicion or just want to understand what happened, consulting with a specialized lawyer is the best way to get clarity. They will review the facts and advise you. The initial consultation is usually free.
Besides the doctor, who else can be held liable for birth injury malpractice?
Liability might extend to various parties involved in the mother's and baby's care. This could include nurses, anesthesiologists, other medical specialists, the hospital itself (for issues like understaffing, improper training, or faulty equipment), or even a birthing center. Your lawyer will identify all potentially responsible parties.
What kind of compensation can be recovered in a cerebral palsy lawsuit?
Compensation aims to cover the lifelong needs of a child with CP and the impact on the family. This can include:
- Past and future medical expenses (surgeries, medications, doctor visits)
- Costs for therapies (physical, occupational, speech, behavioral)
- Assistive devices (wheelchairs, braces, communication aids)
- Home and vehicle modifications for accessibility
- Special education needs
- Lost future earning capacity of the child
- Pain and suffering
- Loss of enjoyment of life
- Parental lost wages and emotional distress in some cases.
My child wasn't diagnosed with CP immediately after birth. Can it still be malpractice?
Yes. Cerebral palsy might not be diagnosed for months or even a couple of years after birth, as developmental delays become more apparent. The critical factor is when the brain injury that caused the CP occurred. If that injury happened around the time of birth due to negligence, the delay in diagnosis doesn't necessarily prevent a malpractice claim, though it can impact the statute of limitations..
Seek Justice Today
If you feel that gut-wrenching possibility that your child's struggles were preventable, take the next step.
Call (888) 894-9067. We will connect you with our network of dedicated birth injury lawyers who will help you fight for the compensation and peace of mind you and your child deserve.