Cerebral Palsy Lawsuit

Sadly, cerebral palsy (CP) is often caused by a preventable injury before, during, or shortly after the child’s delivery. Filing a CP lawsuit is a way to take legal action over your child’s injuries and pursue financial compensation to help pay for their treatment.

See if you have a case by calling (800) 995-1212 or getting a free case review now.

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Cerebral Palsy Medical Malpractice or Negligence Cases

Many cerebral palsy cases can be linked to medical errors or mistakes made by a doctor or health care professional before, during, or immediately following the child’s birth.

Between 85% and 90% of CP cases are congenital, which means brain damage occurred before or during birth.

If a medical error did occur, the child may have suffered an injury that caused them to develop cerebral palsy. This is known as medical malpractice or negligence, something families can take legal action over to seek justice and compensation.

Medical malpractice or negligence may have occurred if the health care professional failed to:

  • Notice or treat jaundice before it worsened to kernicterus, a form of brain damage
  • Perform a C-section (cesarean section) during a difficult delivery
  • Recognize or promptly address the signs of fetal distress
  • Set up the medical equipment or room in time for delivery
  • Use delivery tools like forceps or vacuum extractors properly

If you believe medical malpractice or negligence may be responsible for your child’s condition, contact Sokolove Law today. You may be entitled to compensation from a CP lawsuit.

For more than 40 years, Sokolove Law has helped thousands of families affected by cerebral palsy and other birth injuries across the country, recovering over $787 Million on their behalf.

Get the Help Your Child Deserves

If you have a case, our cerebral palsy lawyers can fight for the justice and compensation your family deserves.

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Why File a Cerebral Palsy Lawsuit?

Many families with children who suffer from cerebral palsy are looking for answers. They want to know what went wrong and if their child's injury could have been prevented.

Our experienced cerebral palsy attorneys can help families figure out what happened — and what they can do about it now.

By filing a cerebral palsy lawsuit, many families have been able to:

  • Get justice for the injury their child suffered as a result of improper care
  • Hold the doctor, medical professionals, and/or hospital responsible
  • Prevent others from experiencing the same pain they went through
  • Pursue compensation to pay their child’s medical bills and more

Get Help Paying for Your Child’s Treatment

Sadly, cerebral palsy treatments can cost nearly $1 Million over the child’s lifetime, according to the Centers for Disease Control and Prevention (CDC).

$1 Million

Average lifetime cost of care for someone affected by cerebral palsy

These costs can be crippling for families who couldn’t predict that a medical professional would make a life-altering mistake during the birth of their child. Fortunately, taking legal action has provided many families with the financial help they need.

Filing a CP lawsuit can secure compensation to help families afford:

  • Adaptive equipment (like wheelchairs and walkers)
  • Doctor and hospital visits
  • Medications
  • Therapy sessions
  • Long-term care or caregiver costs
  • Related expenses

See if you qualify to take legal action now by calling (800) 995-1212.

Cerebral Palsy Lawsuit Settlements & Verdicts

Over the last 40 years, Sokolove Law has recovered over $787 Million on behalf of families affected by cerebral palsy and other birth injuries.

Compensation from a cerebral palsy lawsuit can be awarded in two ways:

  • Cerebral palsy settlements: You can reach a cerebral palsy settlement if the defendant (doctor or hospital) makes you a financial offer before the case goes to court, which can help you receive compensation sooner.
  • Cerebral palsy verdicts: If your case doesn’t end in a settlement, the lawyers may try your case in court before a judge and jury, who ultimately decide the outcome of the case in a verdict.

Our Past Cerebral Palsy Lawsuit Results

Some of our past cerebral palsy lawsuit settlements and verdicts include:

  • Over $10.4 Million for a Pennsylvania family
  • $9 Million for the family of a 5-year-old in Colorado
  • $8 Million on behalf of a family in New York
  • $7.8 Million on behalf of a family in Florida
  • $6 Million for a child in New York who has CP from untreated jaundice
  • $5.9 Million for a Texas child who developed CP due to delayed medical care
  • $4.1 Million for a New Jersey child who suffered fetal distress and umbilical cord strangulation
  • $4 Million on behalf of a child in Michigan
  • $3.25 Million on behalf of a child in Tennessee

Call (800) 995-1212 or get a free case review to see if you may be eligible for compensation.

Who Is Eligible to File a Cerebral Palsy Lawsuit?

You may be eligible to file a CP lawsuit if:

  • Your child developed CP as a result of medical malpractice or negligence
  • You’re the child’s mother, father, legal guardian, or estate representative

Even if your child doesn’t have a diagnosis yet or you aren’t sure what happened, contact Sokolove Law today. We can help you figure out if medical malpractice played a role in your child developing CP — for free.

Sokolove Law has registered nurses on staff who can listen to your story and help you understand what may have happened.

“Anyone who’s had a child with a birth-related injury — I talk to them about what happened during their pregnancy, the delivery, and how the child is doing to see if it’s something we could assist with.”
– Kristin Proctor, Registered Nurse with Sokolove Law

Want to Talk to a Nurse?

Get in touch with one of our registered nurses with extensive labor and delivery experience.

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Determining Cerebral Palsy Malpractice Cases

Our team will ask a series of questions that helps us determine if you may be eligible to file a CP lawsuit.

Some of these questions may include:

  • When did the mother begin prenatal care?
  • Did the mother deliver at term?
  • Was the baby breathing on their own upon delivery?
  • Was the baby’s birth injury diagnosed? If so, when?
  • What diagnostic tests were performed and what were the results?
  • What other surgeries and therapies has the child had so far?

How to File a CP Lawsuit for Your Child

When you work with Sokolove Law, your cerebral palsy lawyers can handle every step of the legal process on your behalf, so you can focus on what matters most — your family.

Filing cerebral palsy lawsuits usually include both a medical team and a legal team. The medical team will learn about your experience, retrieve your medical records, and answer your questions, while your legal team works to build your case and secure compensation.

Cerebral palsy lawsuit cases generally involve your legal team:

  • Determining your eligibility to take legal action
  • Gathering evidence to build a strong case for your claim
  • Filing your cerebral palsy lawsuit within any state deadlines
  • Negotiating cerebral palsy settlements with the defendant(s)
  • Going to trial to pursue a verdict from a judge and/or jury

See if you may be able to take legal action for a birth-related injury like cerebral palsy.

Cerebral Palsy Lawsuit Statute of Limitations

Laws in each state called statutes of limitations restrict how long you have to take legal action in cerebral palsy malpractice cases.

Once this deadline passes, you won’t be able to file a cerebral palsy birth injury claim again. 

For this reason, it’s very important to contact Sokolove Law as soon as possible — even if your child hasn’t received an official diagnosis yet.

Get Help Pursuing Cerebral Palsy Settlements

What happened to your child may have been preventable. If a doctor or health care professional’s medical mistake before, during, or after the birth of your child contributed to your child’s cerebral palsy, you may have legal options.

By filing a CP lawsuit, you may be able to hold the medical professionals accountable for their negligence — and pursue compensation to help pay for your child’s medical care in the process.

As an established national birth injury law firm, Sokolove Law has decades of experience helping families across the country secure compensation for their child’s birth injuries. We are compassionate with those who turn to us — and relentless with those who’ve done them wrong.

Over the last 40+ years, we’ve recovered more than $787 Million on behalf of families affected by birth injuries like cerebral palsy. Our attorneys only get paid if you do, so there are no financial risks to working with us.

Get a free case review or call (800) 995-1212 to see if you may be able to pursue compensation through a CP lawsuit.

Cerebral Palsy Lawsuit Cases FAQs

Can I sue if my child has cerebral palsy?

In some cases, yes. If medical malpractice contributed to your child developing cerebral palsy, you may be able to:

  • File a cerebral palsy claim on behalf of your child
  • Hold the negligent medical professional(s) accountable
  • Help prevent others from suffering the same injury
  • Recover compensation for your child’s treatment and more

See if you have a case for free by filling out our contact form or calling (800) 995-1212.

What is the average settlement for cerebral palsy? 

In some cases, clients may receive hundreds of thousands of dollars, if not millions, though there’s never a guarantee of results in any case.

A few of our many past cerebral palsy settlements include:

  • $8.9 Million on behalf of a family in Pennsylvania
  • $6.75 Million for a family in Florida
  • $6 Million for a child in California
  • $5.95 Million on behalf of a family in Colorado
  • $5.6 Million for a Michigan family
  • $5.1 Million for a Texas child who suffered a lack of oxygen at birth
  • $3.3 Million for a child in New Jersey
  • $2.25 Million for a child in Michigan
  • $1.3 Million for a child in South Carolina
  • $900,000 for a child in Arkansas
  • $750,000 on behalf of a Tennessee child
  • $600,000 for a child in Oklahoma

Predicting how much cerebral palsy lawsuit settlements may be worth can be difficult to do, given how many different variables can influence the amount.

How are cerebral palsy settlements determined?

Potential cerebral palsy settlements may take into account several unique factors in each case, like the:

  • Severity of the birth injury
  • Degree of malpractice or negligence in the case
  • Current and future costs of care and medical expenses
  • Loss of future earning capacity
  • Pain and suffering
  • Punitive damages

Find out if you may qualify for a cerebral palsy lawsuit settlement — contact Sokolove Law today.

How long do you have to sue for cerebral palsy? 

You only have a limited amount of time to file a claim due to state laws known as the cerebral palsy statute of limitations. If the deadline passes, you won’t be able to file a lawsuit for cerebral palsy again.

This time frame varies from state to state, which makes it important to consult a legal professional as soon as possible, so you don’t run out of time.

How much do lawyers for cerebral palsy cases cost?

We will only get paid if you do. At Sokolove Law, our birth injury lawyers handle CP lawsuits on what’s known as a contingency basis, which means there are no upfront or out-of-pocket fees.

Is cerebral palsy caused by medical malpractice or negligence? 

In some cases, yes — medical malpractice or negligence can often be a cause of cerebral palsy. Doctors, health care professionals, and medical providers are supposed to provide patients with a high standard of care.

If this standard isn’t met and a birth injury occurs, you may be able to hold the medical professional accountable for the injuries your child suffered in a cerebral palsy lawsuit.

What medical mistakes cause cerebral palsy?

There are a variety of different medical mistakes or errors that can cause a child to develop CP.

If a doctor, obstetrician, or health care professional:

  • Doesn’t have the delivery room or equipment set up in time, the child may receive delayed care and suffer oxygen deprivation that can cause CP
  • Fails to notice or treat jaundice, bilirubin can build up in the baby’s blood and cause a type of brain damage known as kernicterus, which can lead to CP
  • Neglects to order a C-section during a difficult delivery, the child may become lodged in the birth canal and suffer restricted blood flow and oxygen to the brain, causing CP
  • Uses assisted delivery devices like forceps or vacuum extractors, the child may suffer various injuries, including brain bleeding and skull fractures, that can cause CP

These are only a few instances of how a medical professional’s mistakes can cause a child to develop CP. Sadly, there are many more.

Get help determining what may have happened to your child. Call (800) 995-1212 today to speak to our team of registered nurses with decades of labor and delivery experience.

Is cerebral palsy the doctor's fault?

In many cases, yes. Cerebral palsy can often be caused by an error or mistake by a doctor or medical professional during the pregnancy or birthing process.

In cases like these, however, families may be able to hold the doctor accountable through a CP lawsuit that can also recover compensation for the child’s care.

We have a team of registered nurses on staff who can help you determine if a medical professional may have played a role in your child developing CP — for free. Contact us now to get started.

Is CP always a birth injury?

Not always — but 85-90% of cerebral palsy cases are considered to be congenital. This means the brain injury or damage that caused CP happened before or during the child’s birth.

Who can file cerebral palsy negligence claims?

In general, cerebral palsy malpractice or negligence claims can be filed if:

  • Your doctor or health care provider failed to provide the standard of care expected of them
  • Their negligence may have contributed to the birth-related injuries your child suffered

Learn if you can take legal action over a birth injury during a free case review with Sokolove Law.

Author:Sokolove Law Team
Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: October 4, 2022

View 2 Sources
  1. Centers for Disease Control and Prevention (CDC). "Data and Statistics for Cerebral Palsy." Retrieved from: https://www.cdc.gov/ncbddd/cp/data.html.
  2. Centers for Disease Control and Prevention (CDC). "Causes and Risk Factors of Cerebral Palsy." Retrieved from: https://www.cdc.gov/ncbddd/cp/causes.html. Accessed on September 29, 2022.