Questions?What Is a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit allows families to pursue financial compensation when medical negligence during childbirth caused their child’s condition. By taking legal action, families can seek justice and the money needed for their child’s ongoing care.
Health care providers are responsible for ensuring the safe delivery of new babies. If they fail to provide proper medical care, it can lead to serious birth injuries, like cerebral palsy.
Most people with cerebral palsy require lifelong specialized care, including physical therapy, assistive devices, surgeries, and other treatments.
Many new parents may not realize the true extent of these expenses and are often sent home by hospitals with little support.
The cost of caring for a child with cerebral palsy is often more than $1.6 million over a lifetime, leaving many families financially stressed.
By filing a cerebral palsy lawsuit, you can seek compensation to cover expenses related to your child’s cerebral palsy while holding negligent parties accountable.
The Birth Injury Justice Center is committed to helping families affected by preventable birth injuries like CP.
We work with an extensive network of skilled birth injury lawyers who can help families file cerebral palsy lawsuits in all 50 states.
Our legal partners have secured over $962 million in birth injury lawsuit compensation for families like yours.
Find out if we can help right now with a free case review.
Recent Cerebral Palsy Lawsuit Settlements
Cerebral palsy lawsuit settlements and verdicts can vary depending on the details of each case and the child’s expected medical expenses. However, when a child is severely affected by medical negligence, families often receive multi-million dollar payouts.
Most cerebral palsy lawsuits are resolved through out-of-court settlements, which allow families to receive compensation without the lengthy trial process.
- Over $10.4 million for a Pennsylvania family
- $9 million to the family of a 5-year-old in Colorado
- $8 million on behalf of a family in New York
- $7.8 million for a family in Florida
- $6 million to the family of a child in New York
- $5.9 million for a Texas family
- $4.1 million to the family of a child in New Jersey
- $4 million on behalf of a child in Michigan
- $3.25 million for a child in Tennessee
An experienced birth injury lawyer can help you understand the potential value of your claim and work to secure the maximum cerebral palsy settlement for your family.
Call us right now at (800) 914-1562 or Click to Live Chat to find out if we can connect you with a top CP lawyer near you.
Cerebral Palsy and Medical Malpractice
Cerebral palsy can result from medical malpractice when obstetricians and other health care providers fail to provide a high standard of care during pregnancy, delivery, or shortly after birth.
These preventable medical errors can lead to brain damage and lifelong disabilities that significantly impact a child’s quality of life.
- Failing to detect and treat maternal infections
- Ignoring signs of fetal distress or lack of oxygen, like heart rate changes
- Mismanaging umbilical cord issues leading to oxygen deprivation
- Misusing delivery tools, such as forceps or vacuum extractors
- Neglecting to perform a necessary cesarean section (C-section)
- Overlooking newborn jaundice leading to kernicterus
- Underestimating or failing to manage risk factors during pregnancy
Most cerebral palsy medical malpractice cases aren’t diagnosed until a child starts missing key developmental milestones, like sitting up or crawling.
If you think your child’s condition might be related to medical negligence, our labor and delivery nurses are available to help you talk through your concerns and understand your options.
You may be able to pursue compensation through a medical malpractice lawsuit.
Connect with a registered nurse right now.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
Why Should I File a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit can provide parents and caregivers with life-changing financial compensation, helping to cover the extensive costs associated with their child’s birth injury.
Cerebral palsy lawsuit compensation can help pay for:
- Assistive devices and mobility aids
- Educational needs
- Home or vehicle modifications
- Medications and surgery
- Skilled at-home nursing care
- Therapies (physical, speech, and occupational)
Ensuring your child receives high-quality care can help them live the longest, happiest life possible.
$1.6 Million
The estimated lifetime cost of caring for a child with cerebral palsy
Source: Centers for Disease Control and Prevention (CDC)
Additionally, holding medical staff accountable for causing your child’s cerebral palsy birth injury can bring closure and peace of mind.
Filing a medical malpractice lawsuit can also help prevent other families from experiencing the same negligence. Holding doctors and hospitals accountable often leads to improved practices, helping protect future patients from similar mistakes.
Steps to Filing Cerebral Palsy Lawsuits
Although every case is different, most cerebral palsy lawsuits follow a similar process. Learn more about the steps below.
1. Get a Free Legal Consultation
First, you’ll need to determine if you could have a case. The best way to do this is by getting a free consultation from an experienced cerebral palsy lawyer.
We work with a network of top cerebral palsy attorneys who can help families in all 50 states. Find out if we can connect you with a skilled lawyer near you with a free legal case evaluation.
2. Gather Evidence
Your cerebral palsy attorney will handle the entire process of gathering evidence to prove that medical negligence caused or contributed to your child’s condition.
- Birth records documenting the labor and delivery process
- Diagnostic tests showing brain injuries or abnormalities
- Maternal medical records, including pregnancy complications
- Medical expert reports linking the injury to negligence
- Witness statements from those present during delivery
Your attorney will work to build a strong case, identifying all of the health care providers who may be to blame for your child’s CP.
3. File a CP Lawsuit
Filing cerebral palsy lawsuits involves submitting a formal complaint against the responsible medical professionals or hospital.
Your attorney will handle all the paperwork, ensuring your cerebral palsy claim is filed correctly. They will also make sure to file within the required time limits. Meanwhile, you can focus on your child’s well-being.
4. Negotiate a Cerebral Palsy Settlement
After filing the cerebral palsy lawsuit, your attorney will negotiate with the at-fault party to secure a cerebral palsy settlement. This process involves discussions aimed at reaching an agreement on compensation without going to trial.
Your lawyer will advocate for your family’s best interests, using the evidence gathered to push for enough money to cover your child’s lifelong care needs.
5. Take the Case to Court If Needed
If a settlement cannot be reached, your attorney will take the case to court. This step involves presenting your evidence and arguments before a judge and jury.
Your cerebral palsy attorney will manage the entire trial process, fighting to secure the compensation your child deserves.
Cerebral Palsy Lawsuit Statute Of Limitations
The statute of limitations is the legal deadline for filing a cerebral palsy lawsuit, and it varies by state. Generally, these time limits are set between 2 to 3 years from the date of the injury or when the injury was discovered.
Missing this deadline can prevent families from pursuing compensation for their child’s condition.
Because the laws differ from state to state, it’s crucial to consult with an experienced cerebral palsy lawyer as soon as possible to ensure your case is filed within the appropriate time frame.
Acting promptly can make a significant difference in securing justice for your child.
File Your Cerebral Palsy Lawsuit Today
Negligent care by doctors, nurses, and other medical professionals during childbirth can cause your child to require lifelong treatment.
Caring for a child with cerebral palsy can create a tremendous financial strain that most families could never have planned for. A successful cerebral palsy lawsuit can provide money to help pay for your child’s treatment costs and hold those at fault accountable.
Cerebral palsy litigation is complex, so it’s important to work with a skilled personal injury lawyer with experience in birth injury cases.
Our partner law firms can help families file birth injury lawsuits in all 50 states. Together, our legal network has recovered over $962 million for birth injuries, including CP.
Call the Birth Injury Justice Center at (800) 914-1562 right now or get a free case review to find out if we can help you get the justice you deserve.
Cerebral Palsy Lawsuit FAQs
What is the average settlement for cerebral palsy?
The average settlement for cerebral palsy is over $1 million, but many settlements award multimillion-dollar payouts.
The exact compensation depends on factors like the severity of your child’s condition, the costs of lifelong care, and state-specific laws.
To get a better idea of what your claim might be worth, consult with an experienced cerebral palsy lawyer.
Call the Birth Injury Justice Center team right now at (800) 914-1562 to see if we can connect you with a top CP lawyer near you.
How long after birth can you sue for cerebral palsy?
The time you have to sue for cerebral palsy varies by state, typically ranging from 2 to 3 years after the birth or when the injury is discovered.
It’s important to contact a lawyer as soon as possible to ensure your case is filed within this legal window. Missing the deadline can permanently bar you from seeking compensation.
Get a free case review today to see if you are eligible to file a cerebral palsy lawsuit.
Can you sue for mild cerebral palsy?
You may be able to sue for mild cerebral palsy if you believe the condition could have been prevented.
Medical malpractice occurs when a health care professional fails to provide a high standard of care. Your cerebral palsy case must prove that the medical professionals who delivered your child made a mistake that resulted in your child developing cerebral palsy.
An experienced cerebral palsy lawyer can collect this evidence on your behalf and build a strong legal claim.
Is cerebral palsy due to negligence?
Cerebral palsy can be caused by negligence, particularly if medical professionals fail to provide proper care during pregnancy, labor, or delivery.
This can include not addressing fetal distress, mishandling delivery tools, or delaying necessary medical interventions.
If you suspect your child’s condition may be due to negligence, our registered labor and delivery nurses are here to talk you through this and help you understand your options.
Call (800) 914-1562 to connect with one of our on-staff nurses.
How much does it cost to file a cerebral palsy lawsuit?
Filing a cerebral palsy lawsuit should come at no cost to you. Top birth injury lawyers work on a contingency fee basis and do not charge any upfront or hourly fees.
Your attorney will take a percentage of your cerebral palsy lawsuit compensation only if they secure compensation for you.
