Cerebral Palsy Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Cerebral palsy can affect children physically and emotionally for their entire lives. If your child developed cerebral palsy due to medical negligence, you may be eligible to receive financial compensation. Working with an experienced cerebral palsy attorney can help your family get the justice and financial support they deserve.

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What Is a CP Lawyer?

A cerebral palsy lawyer explains paperwork to their client at a desk with the scales of justice on it.

A cerebral palsy (CP) lawyer is an attorney with experience helping families affected by cerebral palsy file birth injury lawsuits. This type of legal action is important to get justice, answers, and acknowledgment of wrongdoing from negligent health care providers.

The cost of caring for a child with CP over a lifetime is estimated at about $1.6 million in 2023. Most families are not prepared for these expenses.

Through a birth injury case, a lawyer for cerebral palsy can seek the financial aid needed to pay for the lifetime costs associated with your child’s medical condition.

The cerebral palsy lawyers in The Birth Injury Justice network have helped families across the country recover over $917 million for birth injuries. Find out if they can help your family as well.

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A free case review is the first step in pursuing compensation for you and your family.

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Is Cerebral Palsy a Medical Mistake?

Understanding the causes of cerebral palsy is challenging because they are not always clear-cut. Sometimes CP can be prevented, but the condition is unavoidable in other cases.

Here are some common causes of cerebral palsy:
  • Brain damage
  • Delayed cesarean section (C-section)
  • Lack of oxygen (hypoxia or asphyxiation)
  • Misuse of forceps or vacuum delivery tools
  • Umbilical cord injuries
  • Unaddressed fetal distress
  • Untreated infections
  • Untreated jaundice that leads to kernicterus (brain damage)

An added challenge in understanding the cause of cerebral palsy is that it is often not diagnosed for months or even years after a child is born. This can make it difficult to tie the condition back to a medical mistake made during childbirth.

These factors often prevent families from taking legal action to get the money they need to care for their child.

Fortunately, cerebral palsy lawyers with experience handling similar cases can help prove when medical malpractice is the cause.

Cerebral Palsy and Medical Malpractice

When cerebral palsy is caused by preventable medical errors during childbirth, it may be considered cerebral palsy medical malpractice.

Did you know?

Medical professionals have an obligation — and have undergone extensive training — to safely deliver babies during difficult births. When they fail to uphold the standard of care and cause a preventable birth injury, you may be eligible to file a lawsuit for medical malpractice.

If you suspect a medical mistake caused your child’s cerebral palsy, an experienced cerebral palsy lawyer can help you sort everything out.

Remember, your child does not need to have a CP diagnosis for you to talk with a lawyer for cerebral palsy.

If you have questions or just want to talk confidentially about what could have happened to your child, connect with one of our skilled labor and delivery nurses now.

There is no cost or obligation.

Nurse Beth Carter

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How Can a Cerebral Palsy Attorney Help Me?

There are many benefits to working with a cerebral palsy lawyer to file your medical malpractice claim.

Cerebral palsy attorneys will work hard to secure the financial compensation you need to pay for your child’s treatment and ensure they are getting the quality care they deserve.

With the help of a cerebral palsy attorney, families can get compensation to help pay for:

In order to win your case and get compensation for your family, your cerebral palsy lawyer must prove your child’s condition was caused by medical negligence. This can be challenging since the causes of cerebral palsy are not always known.

A lawyer for cerebral palsy will collect important information about the timeline of events that led up to your child’s injury, including medical records, electronic fetal monitoring records that give a picture of how the baby tolerated labor or if there was any distress, expert testimonials, and more.

Your cerebral palsy lawyer will file your claim and take on the heavy lifting of the legal process so you can focus on caring for your child.

What Is a Cerebral Palsy Lawsuit?

A young mother holds her child while she works on a laptop at her kitchen table.

A cerebral palsy lawsuit allows families to seek compensation when they suspect their child’s condition resulted from medical errors during childbirth.

The aim of a CP lawsuit is to help ease the financial burdens of caring for a child with cerebral palsy. Lawsuit compensation can help cover treatments, surgeries, and therapies, ensuring a child’s quality of life.

Usually, the foundation of a cerebral palsy lawsuit is establishing a link between cerebral palsy and medical malpractice. A cerebral palsy lawyer can handle all aspects of a CP lawsuit on your behalf. This often brings peace of mind and gives parents more time to spend with their children.

When Should I Hire a Cerebral Palsy Attorney?

You should hire a cerebral palsy lawyer right away if you think your child’s condition resulted from a medical mistake. This is because you have a deadline to take legal action called the statute of limitations.

After this deadline passes, you will no longer be able to seek legal help.

Every state has its own birth injury statute of limitations. That’s why getting help from a lawyer for cerebral palsy who’s familiar with your state’s laws is crucial. Your cerebral palsy lawyer can inform you about the best time to file your birth injury lawsuit.

Remember, many children are not diagnosed with cerebral palsy right away. By working with an experienced cerebral palsy lawyer, you can ensure your case is filed before your deadline, even if you don’t have an official diagnosis yet.

Don’t wait to find out what legal options you may have. Get a free case review right now.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

How to Find the Best Cerebral Palsy Lawyers

There are several factors to keep in mind when choosing a cerebral palsy lawyer.

Cost

The best cerebral palsy lawyers work on a contingency fee basis, meaning they will not charge any upfront costs. If you win your case, your lawyer will get paid a percentage of your earnings. If they don’t secure compensation for you, you pay nothing.

Experience and Expertise

Top cerebral palsy attorneys have years of experience and success in cerebral palsy and other birth injury lawsuits. It is important to find a lawyer with experience in cerebral palsy cases so you have the best chance at securing compensation.

Ask your cerebral palsy lawyer to provide examples of settlements or trial verdicts they have won for families with similar cases. This information can give you a better idea of their experience and expertise.

Extensive Resources

The best cerebral palsy attorneys work at birth injury law offices with a multitude of resources, including access to data from top medical experts needed to build your case.

Relationship

Every client has a unique case that deserves to be treated with care and respect.

Your cerebral palsy attorney should be communicative and happy to answer your questions or address your concerns. A top cerebral palsy lawyer will build a strong attorney-client relationship to help your family get the justice you deserve.

What to Expect When Working With a Cerebral Palsy Lawyer

A lawyer greets her client by shaking hands as they sit at a desk.You can expect a cerebral palsy lawyer to handle all of the heavy lifting for your lawsuit.

Although every case is different, most cerebral palsy lawsuits follow the same steps.

  1. Filing After your free case evaluation, your cerebral palsy lawyer will file your claim. You are the plaintiff, and the medical professional, hospital, and/or insurance companies are the defendant.
  2. Discovery Both legal teams investigate and gather evidence such as written documentation, expert testimonies, and witness accounts to try and prove their cases.
  3. Mediation Both legal teams present their evidence in an effort to reach a pre-trial settlement without going to court. A judge, or another third-party mediator, may be brought in to assist.
  4. Settlement If your cerebral palsy lawyer has built a compelling case, the defendant is likely to offer a cerebral palsy settlement. Your lawyer for cerebral palsy will negotiate for the highest possible compensation, and the lawsuit will end if a settlement is reached.
  5. Trial The case will go to trial if it does not end in a settlement. Both legal teams will argue their client’s case, and a judge or jury will determine the verdict. While many lawyers claim to handle birth injury cases, skilled trial lawyers have the experience to successfully argue your case in court.

95%

of all personal injury lawsuits payout without going to court.

Source: The Law Dictionary

Depending on the specifics, cerebral palsy cases can take a few months to several years to resolve.

Most cerebral palsy attorneys and defendants prefer settling out of court since it is the quickest way to resolve a claim.

Trials are time-consuming and may add years to the lawsuit process. Additionally, if the judge or jury does not rule in your favor during a trial, you will not receive any compensation.

Find a Cerebral Palsy Attorney Near You

Your child deserves the best quality of care to treat their cerebral palsy. Working with a top cerebral palsy lawyer can make all the difference.

Birth injury medical malpractice cases require legal expertise, compassion, dedication, and a commitment to justice.

An experienced cerebral palsy lawyer can guide you through the complexities of the legal process, ensure your rights are protected, and fight for the compensation your family deserves.

The Birth Injury Justice Center partners with some of the best cerebral palsy lawyers in the country. Contact us now at (800) 914-1562 or fill out our online legal case review form to see if we can help you provide a more secure future for your child.

Cerebral Palsy Lawyer FAQs

When can you sue a doctor or hospital for cerebral palsy?

If you believe a preventable medical error led to your child’s cerebral palsy, you may be able to sue a doctor and/or hospital for medical malpractice.

Contacting a lawyer for cerebral palsy as soon as possible is essential. Each state has a statute of limitations that limits how long you have to file a lawsuit. You will lose your right to sue for your child’s birth injury if the statute of limitations expires.

How much does a cerebral palsy lawyer cost?

A cerebral palsy attorney will not charge any upfront legal fees. Your lawyer will only get paid if you win your case and are awarded financial compensation.

Your lawyer will collect a percentage of your compensation to cover fees. The percentage collected can vary by lawyer, so discussing this with your attorney is important.

How much compensation can a cerebral palsy lawyer help you receive?

The amount of compensation received from a cerebral palsy case can vary based on the severity of the victim’s condition and other factors. According to one study, the average payout for medical malpractice claims for children under 1 month old was almost $1 million.

Your cerebral palsy attorney will determine your case value and try to secure the highest amount of compensation possible.

Can cerebral palsy be caused by malpractice?

Yes, cerebral palsy can sometimes result from medical malpractice, especially during childbirth. Errors like delayed C-sections, failure to treat infections, or not responding to fetal distress can lead to brain damage, causing cerebral palsy.

If you suspect medical malpractice, connecting with an experienced cerebral palsy lawyer is often the best way to understand your legal rights and options.

Is cerebral palsy caused by negligence?

While cerebral palsy can have various causes, it can result from medical negligence during childbirth or postnatal care. Medical mistakes such as failing to monitor the baby’s oxygen levels or mismanaging complications are often considered negligence and can lead to cerebral palsy.

If you believe medical negligence played a role in causing your child’s condition, reaching out to a cerebral palsy lawyer can help your family decide on the next steps.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Centers for Disease Control and Prevention. (2022, May 2). Data and statistics for cerebral palsy. Retrieved June 29, 2024, from https://www.cdc.gov/ncbddd/cp/data.html
  2. Centers for Disease Control and Prevention. (2022, May 2). What is cerebral palsy? Retrieved June 29, 2024, from https://www.cdc.gov/ncbddd/cp/facts.html
  3. Cornell Law School. (n.d.). Statute of limitations. Retrieved June 29, 2024, from https://www.law.cornell.edu/wex/statute_of_limitations
  4. The Law Dictionary. (n.d.). What percentage of lawsuits settle before trial? What are some statistics on personal injury settlements? Retrieved June 29, 2024, from https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/#:~:text=According%20to%20the%20most%20recently,by%20a%20judge%20or%20jury
  5. Mayo Clinic. Cerebral palsy. (2021, September 21). Retrieved June 29, 2024, from https://www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999
  6. Ranum, D. (2019, March). Study of malpractice claims involving children. Retrieved June 29, 2024, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  7. Sartwelle, T. P., & Johnston, J. C. (2015). Cerebral palsy litigation: Change course or abandon ship. Journal of Child Neurology, 30(7), 828-841. Retrieved June 29, 2024, from https://doi.org/10.1177/0883073814543306