Cerebral Palsy Lawsuit
A cerebral palsy lawsuit is a medical malpractice claim filed when negligence during pregnancy, labor, delivery, or the newborn period causes a child's cerebral palsy. Since CP often requires lifelong care, these lawsuits can help families secure compensation to cover medical costs such as therapy, special equipment, education, and quality-of-life support. Learn how families can benefit from a cerebral palsy lawsuit.
What Is a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit is a medical malpractice claim filed against negligent doctors, hospitals, and medical staff who may have contributed to your child's cerebral palsy. Medical malpractice can occur during pregnancy, delivery, or after birth.
Medical providers are legally obligated to provide patients with a clean environment and follow strict guidelines to keep the mother and baby safe. When these guarantees are broken, medical negligence can lead to cerebral palsy, causing lifelong disabilities and suffering for both the child and their families.
Cerebral palsy lawyers help families of children with cerebral palsy to secure compensation for their child's lifelong care and to hold negligent doctors and hospitals accountable for the damages they have caused.
Cerebral Palsy Hub helps families connect with cerebral palsy lawyers in their state who can guide them through the process of a cerebral palsy lawsuit. Find out how we may be able to help your family by getting a free case review.
States We Help Families In
Cerebral Palsy Hub helps families nationwide to connect with cerebral palsy and birth injury legal guidance. Even if you don't see your state listed here, please don't hesitate to reach out for a free case review. Our 50-state network can help your family get legal help anywhere in the U.S.
Examples of states we help families in:
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.
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Who Can File a Cerebral Palsy Lawsuit?
Typically, parents or legal guardians can file a cerebral palsy lawsuit on behalf of a child diagnosed with CP resulting from a birth injury. In some states, if the child reaches adulthood (usually 18 or 21 in most states), they may file on their own behalf, especially if new evidence or a late diagnosis emerges.
Statute of Limitations - How Long Do I Have to File?
Each state has its own statute of limitations, which sets specific time limits for how long a family or child can file a cerebral palsy lawsuit. Many states follow a "discovery rule," meaning if cerebral palsy or a birth injury wasn't diagnosed immediately, the clock may start when the injury is (or should have been) discovered.
The discovery rule gives families and children extra time to file a claim in cases where it wasn't immediately obvious that medical malpractice took place.
Because each state varies in its laws, and they are subject to change, it's important to consult a qualified birth injury or cerebral palsy lawyer to make sure you don't miss your deadline to file a claim.
How Does a Cerebral Palsy Lawsuit Work?
1. Free Initial Consultation
An experienced cerebral palsy lawyer will review your child's medical records and birth history to evaluate the viability of your case. Cerebral Palsy Hub helps families start the case review process. Contact us now to connect with a cerebral palsy lawyer.
2. Gathering Evidence and Expert Review
During this stage your lawyer will gather birth records, fetal monitoring strips, cord-blood data, neonatal imaging/EEGs, and expert opinions on standard-of-care breaches. Additional witness statements may be needed depending on your state's requirements for filing a medical malpractice lawsuit.
3. Filing a Lawsuit or Demand Letter
Once your legal team establishes grounds, an official lawsuit is filed against the negligent doctors, healthcare staff, and/or hospitals.
4. Negotiation and Settlement
Most cases settle out of court for a lump sum to cover lifetime care and damages. If negotiations fail, going to trial may be an option.
5. Go to Trial (If Needed)
If both parties fail to agree on a settlement amount, your case may go to trial. Your legal team will continue to fight for your child's compensation. Also, some cases can still settle even if they go to trial.
Why Should I File a Cerebral Palsy Lawsuit?
Families of children with cerebral palsy often have financial burdens when it comes to paying for past and future costs of care. Receiving compensation can help alleviate financial stress and worry, and make taking care of your child easier.
Filing a cerebral palsy lawsuit can help secure funding for lifelong care such as:
- Long-term treatments
- Mobility aids
- Assistive devices
- Special education
- Physical therapy
- Occupational therapy
- Surgery
- Home and vehicle modifications
How Cerebral Palsy Lawsuits Help Families
For many families, knowing a plan is in place for their child's future needs can ease emotional burden and allow them to focus on caregiving, not finances. Holding hospitals and medical providers accountable can provide justice and closure.
It also helps encourage other parents and caregivers in the community to realize that help and resources are available.
If you suspect your child's cerebral palsy was caused by medical malpractice, contact us now for a free case review.
How Much Compensation Can I Expect?
Settlements for cerebral palsy lawsuits depend on multiple factors, but the average settlement for cerebral palsy caused by medical negligence is over $1 million.
Compensation families may receive is usually determined by:
- Lifetime medical expenses (physical, occupational, speech therapy, surgeries, equipment, care)
- Future care needs (home modifications, mobility aids, special education)
- Loss of parental or caregiver income if they must reduce or stop working
- Pain, suffering, and emotional distress
- Other related costs (transportation, adaptive education, assistive devices)
While many cerebral palsy and birth injury settlements start in the low-to-mid six-figure range, multi-million dollar payouts are common, depending on severity, projected lifetime costs, and strength of evidence.
According to the CDC, the average cost of caring for a child with CP is over $1.6 million as of 2025.
Examples of recent settlements and verdicts include:
Recent Settlements and Verdicts for Cerebral Palsy Cases
- (2025) St. Croix County, WI - $29,000,000 verdict: A jury found that a midwife's failure to act on fetal heart-rate decelerations caused oxygen deprivation and cerebral palsy.
- (2024) Davidson County, TN - $47,000,000 verdict: Family awarded largest medical malpractice judgement in Tennessee history after severe birth injury led to cerebral palsy.
- (2024) Massachusetts - $7,000,000 settlement during discovery: Child suffered from global developmental delays due to delayed delivery and inadequate care during labor.
- (2025) Ohio - $14,500,000 verdict: A jury awarded a family after finding liability for a child born with CP due to negligent use of Pitocin (a labor-inducing drug) by an obstetrician and nurses.
Was My Child's Cerebral Palsy Caused By Medical Malpractice?
For families filing a cerebral palsy lawsuit, they may wonder what the signs of medical malpractice look like. Here are the most common signs that a doctor or hospital may have contributed to your child's cerebral palsy:
- Failure to recognize or act on fetal distress (e.g., non-reassuring heart tracings without timely intervention).
- Delaying or denying a medically necessary C-section.
- Negligent use of delivery tools like 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 leading to hypoxic-ischemic encephalopathy (HIE).
If you think any of these causes may have contributed to your child's cerebral palsy, contact us now for a free case review to understand your legal options. Cerebral Palsy Hub helps families nationwide to connect with trusted cerebral palsy and birth injury lawyers.
Cerebral palsy malpractice cases often have settlements over $1 million. If your child's cerebral palsy was caused by a preventable birth injury, you may qualify for legal compensation. Check if you're eligible by getting a free case review now.
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Cerebral Palsy Lawsuit FAQs
Written and Legally 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: November 28, 2025
