Can Medical Malpractice Cause Cerebral Palsy?
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.
Quick Answer: Can Medical Malpractice Cause Cerebral Palsy?
Yes, in some cases, cerebral palsy can be caused by medical malpractice when a healthcare provider:
- Fails to identify or properly treat complications that cause preventable brain injury
- Delays delivery after fetal distress
- Does not treat severe jaundice or infection quickly enough
- Poorly manages oxygen deprivation
- Mishandles newborn care
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:
- Healthcare providers had a duty to care for the child
- Standards of care were neglected or not followed
- The healthcare provider's negligence directly caused cerebral palsy
- The child and family experienced medical, financial, physical, or other losses because of the injury
In some cases, hospitals, healthcare providers, and insurers may dispute whether negligence occurred or whether it caused the child's condition, which can make it difficult to recognize malpractice.
This is why it's important to reach out to a cerebral palsy lawyer who can guide your family through the process of making a claim.
What Counts as Cerebral Palsy Medical Malpractice?
Cerebral palsy that is caused by mistakes or negligence by healthcare providers before, during, or shortly after birth can count as medical malpractice.
Cerebral palsy medical malpractice can have errors involving:
- Failure to monitor, recognize, or act on signs of fetal or maternal distress: For example, non-reassuring heart tracings without timely intervention, missing signs of birth asphyxia, or delaying urgent care.
- Delayed emergency C-section: If there were clear signs of obstructed labor and the doctor did not immediately order an emergency C-section in time to prevent brain damage or nerve injury.
- Improper use of delivery tools such as forceps or vacuum extractors, which can cause skull fractures, brain bleeding, and nerve injuries affecting the shoulders, arms, and face.
- Failure to prevent or treat severe jaundice: Lack of bilirubin screening, delayed phototherapy/exchange transfusion leading to kernicterus.
- Allowing prolonged or difficult labor or failing to address umbilical cord prolapse can cut off oxygen to the baby, potentially causing hypoxic-ischemic encephalopathy (HIE). This often leads to cerebral palsy and permanent brain damage.
Note: If you suspect your child's cerebral palsy was caused by medical malpractice, your family may be able to receive financial compensation by filing a cerebral palsy lawsuit or birth injury lawsuit.
What Percentage of Cerebral Palsy Cases Are Caused by Malpractice?
An estimated 10-20% of cerebral palsy cases are caused by medical malpractice. According to the CDC, the majority of cerebral palsy cases (about 85–90%) are congenital, which means they occur before birth or during development. Not all cases of cerebral palsy are caused by medical malpractice, and the exact cause is unknown in many children.
However, the fact that a cerebral palsy case is congenital does not determine whether it was preventable or whether medical negligence occurred. In some cases, preventable medical errors still may have contributed to a child's injury, and families may be entitled to compensation.
Can Hospitals or Doctors Cause Cerebral Palsy?
Yes, unfortunately. Hospitals and doctors are held to certain guidelines and are expected to maintain safe practices to keep patients and children safe.
Hospitals are also required to make sure they provide adequate staffing, emergency-response measures, fetal monitoring, and newborn care. Malpractice can occur when these standards of care and trust are broken.
Depending on what happened, different healthcare professionals or organizations may be legally responsible. Providers that can be liable for medical malpractice include:
- OB-GYNs
- Labor and delivery nurses
- Midwives
- Hospitals and health systems
- Neonatologists
- Pediatricians
- Anesthesiologists
- Residents or other physicians
- Medical practices or clinics
How Do I Know if My Child's Cerebral Palsy Was Caused by Medical Malpractice?
Signs or symptoms of cerebral palsy by themselves do not prove medical malpractice.
However, if these symptoms start to appear after a difficult pregnancy, prolonged labor, traumatic delivery, delayed C-section, untreated jaundice, oxygen deprivation, NICU complications, or abnormal newborn testing, you may want to speak with a cerebral palsy lawyer to investigate whether a preventable birth injury occurred:
- Delays in crawling, walking, and sitting up
- Delays in speech
- Seizures or epilepsy
- Stiff or floppy muscles
- Difficulty walking
- Excessive drooling
- High-pitched crying
- Arched back while crying
- Difficulty sucking, eating, or swallowing
- Crossing or scissoring legs
- Excessive drowsiness or sleepiness
- Fine motor skills issues
Children with cerebral palsy often have symptoms that involve delayed developmental milestones and cognitive issues. Some also have co-occurring disorders such as autism, epilepsy, attention deficit/hyperactivity disorder (ADHD), deafness, and blindness.
How Do I Know If I Have a Cerebral Palsy Malpractice 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 can help evaluate your situation for free, even if you don't have an official diagnosis from a doctor yet.
What Evidence Do I Need to Prove Cerebral Palsy Medical Malpractice?
In order to prove your child's cerebral palsy was caused by medical malpractice, it's helpful to have access to documented evidence, which can include:
Medical Records
- Prenatal records
- Labor and delivery notes
- Apgar scores
- Fetal heart monitoring strips
- C-section timing and operative reports
- Umbilical cord blood gas results
- Infection testing
- NICU records
- Discharge summaries
- Brain imaging/MRI reports
- Newborn blood oxygen records
- Bilirubin/jaundice testing
- Medication records, including Pitocin
Expert Evidence
- Review by obstetric, neonatal, neurological, nursing, or other specialists
- Opinions about the standard of care
- Analysis of whether the breach caused the injury
Evidence of Damages
- Therapy and treatment records
- Medical bills
- Assistive device and home modification costs
- Lost parental income
- Educational and caregiving needs
- A life care plan estimating future expenses
Important: You do not need to obtain every record before requesting a case review. With permission, a law firm can usually request and organize the relevant records on your family's behalf.
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 period of time.
What Does Compensation Cover?
A successful cerebral palsy lawsuit can sometimes recover millions of dollars in damages depending on the severity of injuries and care your child needs. Settlements can be used to cover past and future costs of medical care, including:
- Hospitalizations, surgery, occupational therapy, 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, emotional distress, and other non-economic damages
- 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 you have to file a cerebral palsy lawsuit depends on your state's medical malpractice laws. In many states, the filing deadline is based on when the injury occurred or when it was discovered (or reasonably could have been discovered).
Missing a deadline can permanently prevent your family from recovering compensation. Because there can be exceptions and different rules, find out your state's statute of limitations to better understand your deadlines and laws so you don't miss your chance to file a claim.
How Much Compensation Can I Get From a Cerebral Palsy Settlement?
Since each case of medical malpractice is unique, there is no set amount of compensation your family may be awarded. However, cerebral palsy can incur many expenses which can add up quickly, especially over a lifetime.
Cerebral palsy lawsuit settlement amounts depend on factors such as:
- The severity of your 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 increase the costs of care, which can raise potential payouts.
- The type and cause of brain injury: Cases with clear documented negligence such as a 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 the 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, suffering, and emotional trauma 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.
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 to make sure your child has consistent, long-term financial support for decades while still preserving Medicaid eligibility.
Estimated Ranges of Settlement Outcomes
Compensation from a cerebral palsy lawsuit can range from about $1 million to tens of millions of dollars. Severe cases oftentimes lead to higher case values, but the exact amount your family may recover depends on medical records, state laws, available insurance, expert opinions, and your child's projected lifetime care needs.
Examples of Cerebral Palsy and Birth Injury Settlements
- 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 an emergency C-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 speed up 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 hospital 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 doctors and staff failed to treat a dislocated shoulder, address fetal distress, and order an emergency C-section in time.
While no lawyer can promise your family a specific dollar amount, an experienced cerebral palsy lawyer will make sure that your family receives enough compensation to cover the lifetime costs of your child's care needs.
How Do I File a Cerebral Palsy Lawsuit?
The first step is to seek legal help by contacting a cerebral palsy lawyer for a free case review. If the lawyer believes medical negligence may have contributed to your child’s brain injury, the law firm can collect medical records, consult qualified experts, calculate your family’s damages, and complete any state-specific filing requirements.
What Happens During a Cerebral Palsy Medical Malpractice Lawsuit?
A cerebral palsy medical malpractice case usually starts by investigating pregnancy, labor, delivery, and newborn medical records. Medical experts then evaluate whether a healthcare provider failed to meet the standard of care and whether that failure caused or contributed to your child’s injury.
If the claim proceeds, the process may involve filing a lawsuit, exchanging evidence, obtaining expert testimony, and negotiating a settlement.
If no agreement is reached, the case may go to trial. The timeline and process depend on the evidence, applicable laws, number of defendants, and complexity of the case.
Cerebral Palsy Medical Malpractice 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: June 21, 2026
