Cerebral Palsy Medical Malpractice

Cerebral palsy is a group of disorders that permanently impact movement and muscle coordination. CP can develop before, during, or soon after birth — and in some instances, it is caused by medical negligence.

If your child’s condition was the result of an error made by a health care professional, you may be eligible for compensation from a cerebral palsy medical malpractice lawsuit. Call (800) 995-1212 now for a free case review.

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Is Cerebral Palsy Caused by Medical Negligence & Malpractice?

In some cases, cerebral palsy is caused by a birth injury stemming from a doctor or other health care professional’s negligence.

A birth injury is a preventable injury that occurs during or shortly after delivery. These injuries can lead to long-term, potentially lifelong, limitations for the child.

While many symptoms of cerebral palsy are apparent immediately, other signs become more apparent as the child gets older, like missed developmental milestones.

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

In the case of medical malpractice, the direct actions — or inactions — of health care providers causes the birth injury. Medical malpractice that results in cerebral palsy can have devastating effects, requiring costly and lifelong medical care.

To file a lawsuit for cerebral palsy medical malpractice, your legal team must be able to show: 

  • An injury before, during, or immediately following birth that contributed to your child’s condition
  • The birth injury could have been prevented
  • Medical professionals were responsible for the injury

If you suspect your child has CP as the result of medical negligence, contact Sokolove Law today for a free legal consultation.

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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Examples of Cerebral Palsy Malpractice Cases

While there are many causes of cerebral palsy, medical errors during labor or delivery often play a large role in the development of CP.

These medical errors can result in the baby being deprived of oxygen or other important nutrients during the birthing process, which may cause damage to the brain.

Mistakes made by health care professionals that can lead to cerebral palsy include:

  • Failing to order a C-section for a difficult delivery, when the child may become stuck in the birth canal and not receive enough blood flow and oxygen to the brain
  • Improperly using assisted delivery devices like forceps or vacuum extractors, as these tools can cause a child to suffer various injuries like brain bleeds and skull fractures
  • Neglecting to diagnose or treat a mother’s health problems, since certain infections or illnesses can cause a baby to develop CP
  • Not noticing or treating jaundice, which may cause bilirubin to build up in the baby’s blood and result in a type of brain damage known as kernicterus
  • Not setting up the delivery room or equipment in a timely manner, as this may cause the child to receive delayed care and suffer oxygen deprivation

These are only a few instances of how a medical professional’s mistakes can cause a child to develop cerebral palsy — but it may be hard to tell if they apply to your situation.

At Sokolove Law, we have a team of registered nurses with decades of labor and delivery experience on staff. Our nurses can help determine if medical malpractice or negligence may have played a role in your child developing cerebral palsy.

Affording Treatment for Cerebral Palsy Caused by Doctors

Currently, there is no cure for cerebral palsy. While many people with cerebral palsy have a regular life expectancy, specialized medical care is often required throughout their lifetimes.

Treatments for cerebral palsy can help to improve your child’s quality of life, limit their pain, and manage health complications. Treatments may include medications, therapies, surgeries, and assistive technology. However, the costs associated with these treatments can add up over time.

$1 Million

Average lifetime cost of care for someone affected by cerebral palsy

What many families may not realize is that they may qualify for compensation from a legal claim if a medical mistake caused their child to develop cerebral palsy.

Filing a CP medical malpractice 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

Get help paying for the medical care and devices needed to improve your child’s health and maximize their independence. Call (800) 995-1212 to see if you may be eligible to file a cerebral palsy medical malpractice lawsuit.

Who Can File a Cerebral Palsy and Medical Malpractice Lawsuit?

There are many factors involved in a cerebral palsy lawsuit. These can affect both your initial eligibility as well as the amount of compensation you receive.

You may be eligible to file a cerebral palsy malpractice or negligence claim if:

  • Your doctor or health care provider failed to provide the standard of care expected of them
  • Their negligence may have caused your child to develop cerebral palsy

Parents hold their toddler while consulting with a lawyerA cerebral palsy medical malpractice claim must prove that your child’s birth injury was preventable. At Sokolove Law, our attorneys have extensive experience in handling birth injury cases, and we can help identify whether you may be eligible to seek compensation for your child’s injuries.

Call (800) 995-1212 to learn if medical malpractice or negligence may have played a role in your child’s condition.

How to File a Lawsuit for Medical Malpractice & Cerebral Palsy

As a national birth injury law firm, Sokolove Law has worked with thousands of families across the country to help them pursue justice and compensation.

One of our experienced cerebral palsy lawyers can handle the legal legwork on your behalf, which generally includes:

  • Determining Your Eligibility: Our team will provide you with a free case review to determine if you may be eligible to file a cerebral palsy malpractice lawsuit.
  • Investigating and Building Your Case: Our team of lawyers, nurses, and investigators will collect evidence that shows a preventable birth injury caused your child to develop cerebral palsy.
  • Filing Your Cerebral Palsy Medical Malpractice Claim: After gathering medical documents and testimonies, a birth injury lawyer will file your claim within any state deadlines.
  • Negotiating Cerebral Palsy Settlements on Your Behalf: Our team will work to negotiate settlements with the hospital or medical professionals responsible for your child’s birth injury.

If a settlement isn’t reached, our cerebral palsy medical malpractice lawyers are prepared to present your case in a trial and fight for a verdict on your behalf.

Our Past Cerebral Palsy Malpractice Settlements

As of May 2024, we have secured over $917 Million on behalf of families with children who suffered preventable injuries at birth.

A few of our many past cerebral palsy malpractice settlements and verdicts 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

Our cerebral palsy malpractice attorneys will fight hard to get you the most compensation possible in your case. Let us lessen the financial burden caused by a medical professional’s negligence.

Get Help Paying for Treatment

If you believe your child’s birth injury was the result of a medical mistake, you may be able to pursue compensation through a cerebral palsy lawsuit.

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Sokolove Law: Filing Cerebral Palsy Medical Malpractice Claims Nationwide

Cerebral palsy is a disorder that will affect your child for the rest of their life. Sadly, this disorder oftentimes could have been prevented.

As a national birth injury law firm, Sokolove Law can help families in all 50 states pursue compensation and hold negligent medical professionals accountable — at no out-of-pocket costs. Our team only gets paid if you do.

Both you and your child deserve justice. Let us put our skills and experience to work for you, so you can focus on spending more time with your child and less time worrying about medical expenses.

Call (800) 995-1212 now to receive a free legal consultation. Our team is standing by 24/7 to answer any questions that you may have.

Cerebral Palsy Malpractice Legal Help FAQs

Can you sue for cerebral palsy caused by medical malpractice?

In many cases, yes. An experienced attorney at Sokolove Law, along with the nurses on our staff, can help you determine if medical malpractice may have contributed to your child’s cerebral palsy.

Call (800) 995-1212 or fill out our contact form today to see if you may be able to file a lawsuit against those responsible for your child’s injury and receive financial compensation.

What is the average settlement amount for cerebral palsy medical malpractice?

It’s important to remember that the average settlement amount for a cerebral palsy medical malpractice case will depend on numerous factors, like the extent of the injury and the cost of the child’s medical bills.

While there is never a guarantee of compensation in any case, many of our clients have received hundreds of thousands — and even millions — of dollars through cerebral palsy medical malpractice lawsuits.

Our many past cerebral palsy 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
  • $1.75 Million for a child with CP in Massachusetts

Is cerebral palsy caused by doctors?

In many cases, yes. Cerebral palsy is often caused by an error or mistake made by a health care professional during pregnancy or birth.

Some examples of doctor negligence that may result in cerebral palsy include: 

  • Failing to notice or treat jaundice
  • Improper use of delivery tools like forceps or vacuum extractors
  • Neglecting to order a C-section during a difficult delivery
  • And more

Is cerebral palsy always caused by medical negligence?

Not always. However, the main cause of cerebral palsy is brain damage that takes place either before, during, or soon after birth.

In some cases, cerebral palsy may also be caused by gene mutations, maternal infections, or other unknown causes.

How long do you have to file a cerebral palsy medical negligence claim?

You only have a limited amount of time to file a cerebral palsy medical negligence claim, due to laws in each state called statutes of limitations restrict how long you have to take legal action.

Once this deadline passes, you won’t be able to file a cerebral palsy medical negligence 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.

  1. Boston Children’s Hospital. “Brachial Plexus Birth Injury.” Retrieved from: https://www.childrenshospital.org/conditions/brachial-plexus-birth-injury. Accessed on March 27, 2023. 
  2. Center for Disease Control and Prevention. “What is Cerebral Palsy?” Retrieved from: https://www.cdc.gov/ncbddd/cp/facts.html. Accessed on March 27, 2023. 
  3. Mayo Clinic. “Cerebral Palsy.” Retrieved from: https://www.mayoclinic.org/diseases-conditions/cerebral-palsy/diagnosis-treatment/drc-20354005. Accessed on March 27, 2023. 
  4. MSD Manual. “Birth Injuries in Newborns.” Retrieved from: https://www.msdmanuals.com/home/children-s-health-issues/general-problems-in-newborns/birth-injuries-in-newborns. Accessed on March 27, 2023.