Cerebral Palsy Medical Malpractice
Cerebral palsy can sometimes be caused by medical malpractice. Families may be entitled to financial compensation in cases where medical malpractice caused their child's cerebral palsy either during pregnancy, labor, or delivery. Settlements can help pay for ongoing therapy, treatments, and lifelong care for your child. Find out if your family qualifies by getting a free case review now.
What Is Cerebral Palsy Medical Malpractice?
Cerebral palsy medical malpractice happens when a hospital, doctor, or healthcare provider breaches standards of care that cause cerebral palsy during pregnancy or delivery.
In order to prove that your child's cerebral palsy was caused by medical malpractice, a claim must clearly show that:
- Health professionals had a duty to care for the child.
- Standards of care were neglected or not followed.
- The negligence directly caused cerebral palsy.
Oftentimes, medical professionals will try to downplay their role in negligence. It's important to reach out to a cerebral palsy lawyer who can guide your family through the process of making a claim.
Cerebral Palsy Hub can connect you with trusted legal experts who can help you understand your situation and secure financial compensation for your family.
Contact us now and get a free case review to see if you may qualify for financial compensation.
Cerebral palsy malpractice cases often have settlements over $1 million. If your child's cerebral palsy was caused by medical malpractice, you may qualify for financial compensation. Check if you're eligible by getting a free case review now.
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What Counts as Cerebral Palsy Medical Malpractice?
Cerebral palsy that is caused by mistakes made by healthcare providers before, during, or shortly after birth can count as medical malpractice.
Cerebral palsy medical malpractice can include:
- Failure to recognize or act on fetal distress (e.g., non-reassuring heart tracings without timely intervention).
- Delaying or denying C-sections when needed.
- Improper use of delivery tools such as forceps or vacuum extractors, which caused brain damage.
- Failure to prevent or treat severe jaundice (lack of bilirubin screening, delayed phototherapy/exchange transfusion leading to kernicterus).
- Allowing untreated respiratory distress or low oxygen.
If you suspect your child's cerebral palsy was caused by medical malpractice, you may be able to get financial compensation by filing a medical malpractice lawsuit. Contact us now and connect with a cerebral palsy lawyer to see if you are eligible.
How Do I Know If I Have a Case?
The best way to know if you have a medical malpractice case is to speak with a cerebral palsy lawyer or birth injury lawyer. They will help evaluate your situation for free, even if you don't have an official diagnosis from a doctor yet.
Get a free case review now to speak with a cerebral palsy lawyer and find out if you are eligible for financial compensation.
What Is a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit is a legal claim filed against hospitals, doctors, or other healthcare providers who may have caused cerebral palsy by medical malpractice. The goal is to obtain financial compensation for lifetime care, medical expenses, and other losses from preventable medical errors.
Who Can Sue for Cerebral Palsy Medical Malpractice?
Parents or legal guardians will usually file a cerebral palsy lawsuit on behalf of their child. If a child has already turned 18, depending on their state, they may have the right to file their own claim within a certain time frame.
What Does Compensation Cover?
Successful lawsuits can sometimes recover millions of dollars in damages from hospitals and healthcare providers. This compensation can be used to cover past and future costs of medical care such as:
- Hospitalizations, surgery, and physical therapy
- Lifetime care costs such as home modifications, mobility aids, and other treatments
- Lost income if a parent must leave work to provide care for their child
- Pain, suffering, and emotional distress
- Punitive damages in rare cases involving gross negligence or purposeful misconduct
How Long Do I Have to File a Cerebral Palsy Lawsuit?
The amount of time to file a cerebral palsy lawsuit varies by state. Usually, parents will have several years to file, but the sooner the better. Some states may even allow children who have already turned 18 to file their own lawsuit.
How Much Compensation Can I Get for Cerebral Palsy?
Since each case of medical malpractice is unique, there is no set amount of compensation a family can be awarded. However, cerebral palsy can bring about many expenses which can quickly add up, especially over a lifetime. Oftentimes, damages can be upwards of millions of dollars.
Cerebral palsy lawsuit settlements can vary depending on multiple factors such as:
- The severity of the child's condition (GMFCS level) - Children with severe mobility or cognitive limitations usually require 24-hour care, home modifications, mobility aids, and ongoing therapy. These typically drive the costs of care higher, increasing potential payouts.
- The type and cause of brain injury - Cases where clear documented negligence, such as delayed C-section, untreated jaundice, or mismanaged fetal distress tend to have higher damages potential.
- Future medical and lifetime care costs - Medical experts will create a "Life Care Plan" which estimates costs for surgery, rehabilitation, mobility aids, medications, in-home care, future hospitalizations, and occupational, speech, and physical therapy.
- Jurisdiction and damage caps - Some states cap "non-economic" damages such as pain and suffering, while others have no limit at all.
- Liability strength - Cases with evidence of clear-cut negligence backed by expert testimonies and hospital documentation will tend to reach higher settlements or verdicts.
- Projected life expectancy and cost of inflation - Courts use projection models to account for inflation, interest rates, and medical cost growth over a child's lifetime (between 50 and 70 years on average).
Quick Fact: In many high-value cerebral palsy or birth injury malpractice cases, settlement funds are often put into special-needs trusts or annuities. This helps ensure consistent, long-term financial support for decades while still preserving Medicaid eligibility.
Estimated Ranges of Settlement Outcomes
Based on public records and examples of recent cases, settlement outcomes have a wide range. Parents and legal guardians can get an idea of what to expect from potential outcomes by referring to the list below:
- $4-10 million+ for severe quadriplegic cerebral palsy caused by birth hypoxia or delayed emergency C-section.
- $1-3 million for moderate cases involving partial mobility impairments or cognitive delays.
- $1 million or under for minor negligence cases with limited injuries.
Examples of Recent Settlements
Note: This is not a decisive list and may not represent typical outcomes. Each cerebral palsy malpractice case is unique and evaluated on its own facts, medical evidence, and state laws.
- Missouri: $48,100,000 Verdict - The child’s mother endured over 12 hours of pushing during labor despite fetal distress signals. The obstetrician delayed intervention and failed to recommend a timely cesarean section. The verdict included $28.1 million in compensatory damages and $20 million in punitive damages.
- Georgia: $17,000,000 Settlement - A child suffered hypoxic‑ischemic encephalopathy (HIE) and later cerebral palsy from a delayed C‑section. This led to severe brain injury, requiring lifelong care, therapies, and accommodations .
- Indiana: $1,000,000 Settlement - A woman 37 weeks pregnant allegedly went to a hospital with ruptured membranes. She was placed on a monitor to track contractions and fetal heart rate, but was removed from the monitor and instructed to walk in the hallway to hasten labor. She suffered a prolapsed umbilical cord, and delivered the child by an emergency C-section. The child suffered permanent brain damage and spastic quadriplegic cerebral palsy.
- Nevada: $1,525,000 Settlement - A newborn boy suffered hypoxic-ischemic encephalopathy (HIE) and developed tonic-clonic seizures. The boy now suffers from epilepsy, autism, intellectual disabilities, speech delays, astigmatism, and poor vision. His mother claimed its staff failed to properly administer Pitocin, address fetal distress, and order an emergency C-section.
- New York: $3,862,000 Settlement - A baby boy suffered permanent brain damage at birth and developed cerebral palsy and suffered from developmental delays. His mother alleged negligence against the hospital claiming its staff failed to address a dislocated shoulder, address fetal distress, and timely order a C-section.
At Cerebral Palsy Hub, we help families file medical malpractice lawsuits against negligent hospitals and doctors. If you think your child's cerebral palsy or birth injury was caused by medical malpractice, get a free case review now to understand your legal options.
The average lifetime cost to care for a child with cerebral palsy is over $1.6 million. Find out if your child is eligible for legal compensation. Get a free case review now.
Case reviews completely free and confidential.
Can Hospitals or Doctors Cause Cerebral Palsy?
Yes. Hospitals and doctors are held to certain standards of care and are expected to maintain safe practices to keep patients and children safe. Hospitals are required to maintain adequate levels of staff, proper training, and a sterile environment. When these standards of care and trust are broken, medical malpractice can occur.
Medical malpractice lawsuits can be filed against negligent hospitals, including their staff, such as nurses, doctors, and other physicians who were involved in causing injury.
If you suspect your child's cerebral palsy or other birth injury was caused by medical negligence, contact us now for a free case review to understand your legal options.
Was My Child's Cerebral Palsy Caused by Medical Malpractice?
Parents often want to know if medical malpractice played a role in their child's cerebral palsy or birth injury. It's important to consult with a birth injury lawyer or specialist, who is experienced in helping families understand whether malpractice caused their child's condition.
Here are some signs and symptoms that may indicate if medical malpractice or negligence was involved in your child's cerebral palsy:
- Delays in sitting, crawling, walking, and sitting up
- Delays in speech
- Seizures or epilepsy
- Stiff or floppy muscles
- Difficulty walking
- Excessive drooling
- High-pitched crying
- Rounded back while crying
- Difficulty sucking, eating, or swallowing
- Excessive drowsiness or sleepiness
- Fine motor skills issues
Children with cerebral palsy often have symptoms that involve delayed developmental milestones and cognitive issues. Many even have co-occurring disorders such as autism, epilepsy, attention deficit/hyperactivity disorder (ADHD), deafness, and blindness.
Treatments for Cerebral Palsy Caused By Medical Malpractice
Unfortunately, there is currently no cure for cerebral palsy. Luckily, there are treatments available to help manage symptoms and make daily life easier. By working with specialists, they can create a treatment plan that helps improve your child's condition.
- Physical therapy - Helps improve mobility, muscle stiffness or floppiness, and relieve pain.
- Speech therapy - Improves communication, eating, swallowing, and oral muscle function.
- Occupational therapy - Helps children with precise movements such as playing, eating, and dressing themselves to increase independence and ease of movement.
- Medication - Manages pain and discomfort from spasticity (stiff muscles), controls seizures, and other secondary conditions like behavioral disorders or incontinence.
- Surgery - Corrects deformities, contractures, bone alignment, muscles, and improves mobility in more severe cases where other treatments are not enough.
Many families have a difficult time covering the cost of their child's cerebral palsy treatments, especially over a lifetime. These costs can add up quickly - in fact, the average lifetime cost of caring for a child with cerebral palsy is over $1 million.
Cerebral Palsy Hub helps families like yours to secure financial compensation to cover the costs of treatment for children with cerebral palsy. We partner with experienced birth injury lawyers and attorneys who may be able to help get the financial support your child's needs.
Don't wait to get help if you think your child's condition was caused by medical malpractice. Contact us now for a free case review to find out if you may be eligible for financial compensation.
Many cases of cerebral palsy are caused by preventable birth injuries. If you think your child's CP was due to medical negligence, contact us now and get a free case review at zero cost.
Case reviews are 100% free.
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Cerebral Palsy Medical Malpractice FAQs
Written and Medically Reviewed by:
Cerebral Palsy Hub Team
Cerebral Palsy Hub was founded to help support children and their families with cerebral palsy and to create a safe space for those affected. We strive to provide the most accurate, up-to-date information, and tools to help give your child the life they deserve.
Last Updated: October 8, 2025
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