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.
Cerebral palsy lawsuits are among the largest verdicts and settlements in personal injury law because the lifetime cost of care is enormous. A child with severe CP may require:
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 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 are the foundation of every cerebral palsy settlement and verdict.
Red flags include a difficult labor with signs of fetal distress, a delayed C-section, low Apgar scores, the baby needing resuscitation, a stay in the NICU for cooling therapy, abnormal head MRI in the first days of life, and the medical team being unable to give you a clear explanation for what went wrong. None of these on their own proves malpractice, but they are the kinds of facts that warrant a full record review. Herb Borroto, M.D., J.D., will read the chart and tell you honestly what he sees.
Statutes of limitations vary by state. Many states allow extended filing windows for injuries to minors, and some states toll the clock until the child reaches a specific age. Because the rules differ everywhere, the most important step is to call us as soon as possible so we can evaluate your case under the deadline that applies to where the injury occurred.
Nothing upfront. The Alvarez Law Firm handles every cerebral palsy case on a contingency fee basis, which means we only get paid if we recover money for you. You will never receive a bill from us. The case review is free, confidential, and comes with zero obligation.
Most birth injury cases settle before trial — but only because the defense believes the firm representing the family is genuinely prepared to try the case. Alex Alvarez is a Board Certified Civil Trial Lawyer, and we build every cerebral palsy case for trial from day one. That preparation is what produces the strongest settlements.
Often, no. Many states give families extended time to file cerebral palsy lawsuits because the injury was suffered by a minor. We have taken on cases years after the birth and successfully recovered for the family. Don't assume you're out of time — call and let us check.
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.
