When a preventable mistake during labor or delivery causes your child's cerebral palsy, the consequences last a lifetime. Our M.D./J.D. medical-legal team reads the fetal monitoring strips, neonatal records, and MRI findings the way a physician reads them — and finds the moment that changed your child's life.
Cerebral palsy (CP) is a group of permanent neurological disorders that affect movement, muscle tone, balance, and posture. It is caused by damage to the developing brain — most often before, during, or shortly after delivery. According to the Centers for Disease Control and Prevention, cerebral palsy affects approximately 1 in 345 children in the United States, making it the most common motor disability of childhood.
Not every case of cerebral palsy is the result of medical malpractice. Some cases trace to genetic conditions, premature birth complications, or events outside the labor and delivery room. But a meaningful portion of CP cases — particularly those involving full-term babies who showed signs of distress during labor — are caused by preventable errors in obstetric and neonatal care.
When the standard of care is breached and a child is left with cerebral palsy, the family is entitled to compensation for lifetime medical care, therapy, equipment, lost earning capacity, and the immense pain and suffering of watching a preventable injury unfold.
The most common preventable causes of cerebral palsy seen in litigation. Any of these may be the basis of a viable claim.
When the baby's oxygen supply is cut off — from cord compression, placental abruption, or prolonged labor — minutes matter. Failure to act on signs of distress is the single most common cause of CP malpractice claims.
When the fetal heart rate tracing shows that the baby needs to be delivered now, the standard of care requires an emergency C-section within 30 minutes. Delays beyond that window can cause permanent brain injury.
Non-reassuring fetal heart rate tracings (Category II and III) demand immediate response. When nurses fail to recognize the pattern, or doctors are not promptly notified, brain injury can result.
Chorioamnionitis, group B strep, and other infections during pregnancy or labor can spread to the baby and cause brain injury. Standard prenatal screening exists precisely to catch and treat these conditions.
Cord prolapse, true knots, and nuchal cord wrapped tightly around the baby's neck can cut off oxygen. Each scenario has a recognized clinical response that must be initiated promptly.
Excessive force, prolonged application, or use of these instruments when contraindicated can cause direct brain trauma and intracranial hemorrhage leading to cerebral palsy.
Severe untreated jaundice can cross the blood-brain barrier and cause permanent brain injury. Standard newborn protocols include bilirubin testing and phototherapy — when followed, kernicterus is preventable.
When a newborn shows signs of hypoxic-ischemic encephalopathy (HIE), therapeutic hypothermia (cooling) within the first 6 hours of life can prevent or reduce the severity of cerebral palsy. Failure to initiate cooling is malpractice.
Defective fetal heart rate monitors, recalled vacuum extractors, or prescription medications taken during pregnancy can also cause cerebral palsy — opening product liability claims on top of malpractice.
A cerebral palsy lawsuit lives or dies on the medical evidence. Here is what our team does differently.
Fetal heart rate strips, nursing notes, anesthesia record, Apgar scores, cord blood gas results, head ultrasound, MRI. Herb reads them the way a physician reads them — minute by minute — to find every deviation from the obstetric and neonatal standard of care.
Maternal-fetal medicine specialists for the obstetric standard of care. Pediatric neurologists for the injury timing and prognosis. Neonatologists for the resuscitation and cooling decisions. Life care planners and economists for the lifetime damages calculation.
The OB. The on-call physician. The L&D nurses. The anesthesiologist. The hospital itself. The device manufacturer if a fetal monitor failed. Each defendant brings its own insurance coverage — and each one can be held accountable.
Alex Alvarez is a Board Certified Civil Trial Lawyer (NBTA) — a credential held by less than 1% of attorneys. Insurers and hospitals know which lawyers are prepared to walk into a courtroom and which ones aren't. That credibility translates into stronger settlements.
A child with severe cerebral palsy may need round-the-clock care for the rest of their life. The economic damages picture for a CP case is built around the categories of lifetime care that child will need, including:
On top of these economic damages, families may recover non-economic damages for pain and suffering, loss of enjoyment of life, the parents' emotional distress, and the loss of the normal parent-child relationship. In cases involving gross negligence, punitive damages may also be available.
A certified life care planner builds a detailed projection of every cost your child will face over their lifetime, and an economist reduces that projection to present value. These calculations document the economic damages claim in every cerebral palsy case we handle.
Many cerebral palsy cases trace to brain injury sustained before, during, or shortly after delivery. The most common preventable causes include oxygen deprivation (hypoxia) during labor, delayed emergency C-section despite signs of fetal distress, untreated maternal infection that spread to the baby, mismanaged umbilical cord problems such as prolapse or compression, traumatic injury from improper use of forceps or a vacuum extractor, and failure to treat severe newborn jaundice (kernicterus). In each of these scenarios, recognizing the warning signs and intervening promptly can prevent permanent brain damage.
Proving a cerebral palsy malpractice case typically requires a careful review of the fetal heart rate tracings, nursing notes, anesthesia record, Apgar scores, cord blood gases, neonatal imaging (head ultrasound and MRI), and the timing of every intervention. At The Alvarez Law Firm, Herb Borroto, M.D., J.D., personally reviews these records with a physician's eye to identify exactly when fetal distress began, whether the medical team responded appropriately, and whether the brain injury timing matches a labor-related cause as opposed to a pre-existing condition. We then retain top maternal-fetal medicine, pediatric neurology, and neonatology experts to establish the standard of care and causation.
Cerebral palsy damages fall into several categories. Economic damages include the projected lifetime cost of medical care, physical and occupational therapy, special education, adaptive equipment, home modifications, skilled nursing or attendant care, and lost future earning capacity. Non-economic damages compensate the child and family for pain and suffering, loss of enjoyment of life, the parents' emotional distress, and the loss of the normal parent-child relationship. In cases involving gross negligence, punitive damages may also be available. A certified life care planner builds the cost projection for each case, and an economist reduces it to present value. The specific damages available, and any caps that apply, depend on the law of the state where the injury occurred.
Statutes of limitations vary significantly by state, and many states allow extended filing deadlines for injuries to minors. Some states toll the statute of limitations until the child turns a certain age. Because every state's rules are different, and because evidence and witness memories degrade quickly, the most important step is to call a birth injury attorney as soon as you suspect medical negligence caused your child's cerebral palsy. The Alvarez Law Firm represents families nationwide and evaluates each case under the specific deadline that applies to the state where the injury occurred.
Herb Borroto, M.D., J.D., will personally review what happened during your labor and delivery. No cost. No obligation. Just an honest read from a doctor and a trial lawyer on whether your child has a case.
