California Cerebral Palsy Lawyer

Can You Sue for Cerebral Palsy in California?

Yes. If evidence suggests that your child’s cerebral palsy was caused by medical malpractice in California, you may have the right to file a birth injury lawsuit under state law.

When Is Cerebral Palsy Caused by Medical Negligence?

In California, common negligent acts in birth-injury cases that may lead to cerebral palsy include:

Delayed C-section: Failing to perform an obstetrically indicated C-section in a timely manner (or performing it incorrectly) can permit oxygen deprivation and brain injury.

Oxygen deprivation (hypoxic-ischemic encephalopathy, HIE): Allowing prolonged labor, umbilical cord issues, or fetal distress to go untreated can cause brain damage that ultimately results in cerebral palsy.

Failure to treat maternal infections or neonatal complications: Failing to diagnose or treat severe jaundice (leading to kernicterus), neonatal seizures, or low oxygen levels in newborns can contribute to CP.

Misuse of delivery tools: Improper use of forceps or vacuum devices may cause skull fractures, brain hemorrhaging, or nerve damage.

Experienced California Cerebral Palsy Lawyers

An experienced California cerebral palsy lawyer offers deep knowledge of birth-injury law, medical-negligence standards, and local hospital defense practices. Their key skills include:

Understanding of California Laws, Hospitals, and Defense Teams

These firms have experience filing birth-injury lawsuits against hospitals and medical professionals across many cities in California, including:

• Los Angeles
• San Diego
• San Jose
• San Francisco
• Fresno
• Sacramento
• Long Beach
• Oakland
• Bakersfield
• Anaheim

Note: California cerebral palsy lawyers are also equipped with the means to help your child even if your family is located in a smaller town, or more rural area of the state. 

Knowledge of California’s Medical & Legal System

California birth injury and medical malpractice cases follow unique rules that families must navigate, including a 90-day Notice of Intent to Sue, statutes of limitations, and caps on non-economic damages under the Medical Injury Compensation Reform Act (MICRA).

Before a lawsuit can move forward, medical records must be reviewed, and expert testimony is typically required to show that the care provided fell below California’s accepted standard.

Many cases rely on experts familiar with the practices and defense strategies of major hospital systems in the state. Some of the largest networks include:

• Kaiser Permanente (Oakland)

• Dignity Health (San Francisco)

• Sutter Health (Sacramento)

• Providence St. Joseph Health (Los Angeles)

• Sharp HealthCare (San Diego)

This process can be difficult for families to handle alone. A California cerebral palsy lawyer can help determine whether medical negligence may have contributed to your child’s condition.

No Up-Front Costs and Free Case Reviews

Trusted California cerebral palsy lawyers typically work on a contingency fee basis, meaning you don’t pay any attorney fees upfront.

If your case is successful, the lawyer is paid a percentage of the settlement or award, allowing your family to pursue legal action without any immediate financial burden or out-of-pocket costs.

California Statute of Limitations for Cerebral Palsy Birth Injury

In California, the statute of limitations for medical malpractice birth injury claims is governed by Code of Civil Procedure § 340.5. For typical cases, claims must be filed within three years after the injury date or one year after discovery of the injury, whichever comes first.

For children under age six, the deadline may be extended until their eighth birthday in certain malpractice claims.  Because birth-injury cases involve minors and complex discovery timelines, it’s important to speak with a California cerebral palsy lawyer as soon as you can.