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Most children with cerebral palsy (CP) are not diagnosed until a year or more after birth. By then, families are often focused on therapies, appointments, and what comes next, not what happened in the delivery room.
But labor and delivery records may contain important information about what caused a child’s brain injury and whether it could have been prevented.
At the Birth Injury Justice Center, our registered nurses and legal team can obtain and review these records at no cost to families. Connect with us right now.
Can Cerebral Palsy Be Caused by a Birth Injury?
According to the Centers for Disease Control and Prevention, 85% to 90% of cerebral palsy cases are congenital, meaning the abnormal brain development or damage occurred before or during birth.
In some cases, medical negligence during labor or delivery can cause or contribute to the brain damage behind a CP diagnosis.
One example is failing to respond to fetal distress. If a baby does not receive enough oxygen and blood flow, they may develop hypoxic-ischemic encephalopathy (HIE), a serious brain injury that can lead to cerebral palsy.
Other delivery mistakes may include delaying an emergency C-section, improperly using labor-inducing medications, or failing to respond to other complications.
What Can Labor and Delivery Records Show?
A family may remember that labor was difficult or that their baby needed help after birth without knowing exactly what went wrong. The medical records can provide a much clearer picture.
Labor and delivery records may include:
- Apgar scores
- Fetal heart monitoring strips
- Nursing notes
- Physician orders
- Umbilical cord blood gas results
These records can show when signs of fetal distress appeared, what doctors and nurses knew, and how quickly they responded.
Why Families May Not Connect CP to the Delivery
Cerebral palsy is rarely diagnosed at birth. Most children are diagnosed between 12 and 18 months of age, and some receive a diagnosis even later.
That delay can make it difficult to connect a later CP diagnosis with something that happened during childbirth.
Parents may have spent months noticing missed milestones, meeting with specialists, and seeking answers before cerebral palsy was confirmed. By that point, the details of labor and delivery may seem far removed from what the family is dealing with now.
However, the medical record still exists and may help answer questions about what happened.
Can Families Still Take Legal Action Years Later?
Families should not assume that too much time has passed to have a potential claim reviewed.
Every state has its own statute of limitations for birth injury lawsuits. Filing deadlines may also be extended in cases involving children.
A birth injury lawyer can determine which deadlines apply based on where the injury occurred and the child’s age.
Cerebral Palsy Lawsuit Compensation
Recent verdicts show the financial impact that preventable cerebral palsy can have on a child and family.
In March 2025, a Missouri jury awarded $48.1 million for a child diagnosed with CP after an obstetrician allowed the mother to push for more than 12 hours despite signs of fetal distress.
Cerebral palsy settlements average over $2.5 million. Individual results vary based on factors such as the severity of the child’s condition, the medical negligence involved, and expected lifetime care costs.
Compensation may help families pay for medical treatment, therapies, assistive equipment, and other needs associated with cerebral palsy.
Have Your Child’s Birth Records Reviewed
You do not need to know whether medical malpractice occurred before asking for help.
If your child has cerebral palsy and you still have questions about what happened during labor or delivery, our team may be able to help find answers.
The Birth Injury Justice Center has registered nurses on staff who can review medical records for signs that a preventable birth injury may have contributed to your child’s condition.
Call us at (800) 914-1562 for immediate assistance or get a free case review now.
