Cerebral palsy results from multiple causes, and only a minority of cases are linked to perinatal events that could involve malpractice. Birth-injury lawyers investigate records, consult medical experts, and pursue claims when there is evidence that a breach of standard care caused the injury. Prompt documentation and early legal review improve the chances of identifying valid claims.

Overview of cerebral palsy

Cerebral palsy (CP) is a group of lifelong neurological disorders that affect movement, muscle tone, and posture. It can be accompanied by seizures, vision or hearing problems, and intellectual disability, though severity varies widely. Symptoms typically appear in early childhood.

Causes and timing

CP can arise before birth (prenatal), around the time of birth (perinatal), or after birth (postnatal). Common contributors include abnormal fetal brain development, prematurity and low birth weight, maternal infections, stroke in the fetus, genetic conditions, and brain injury from trauma or infection after birth. Perinatal oxygen deprivation (sometimes called birth asphyxia) can cause CP, but it accounts for a minority of cases. Determining timing and cause requires medical records and expert review.

When malpractice might be involved

Parents should consider legal help when there is reason to believe provider error caused or substantially worsened a child's CP. A viable malpractice claim generally requires evidence that:
  • The medical team breached the standard of care (what a reasonably skilled clinician would have done),
  • That breach caused brain injury, and
  • The injury produced measurable harm (medical bills, long-term care needs, lost earning capacity).
Not every case of CP results from malpractice. Many cases reflect prenatal conditions beyond a clinician's control.

What cerebral palsy lawyers do

CP or birth-injury attorneys investigate suspected malpractice, gather medical records, and retain independent experts (obstetricians, neonatologists, neurologists). They can help quantify damages and negotiate settlements or file suit. Many handle these cases on contingency (no upfront fee; the lawyer is paid from any recovery). Statutes of limitation and procedural rules vary by state, so early consultation is important.

How families can prepare

Request and preserve medical records promptly: prenatal records, delivery notes, fetal monitoring strips, operative reports, newborn notes, NICU records, imaging (MRI/CT), and developmental evaluations. Keep a timeline of events and document ongoing care costs and therapies. A lawyer can order independent medical reviews to assess causation and liability.

Guidance for clinicians

Obstetric and neonatal teams should document clinical reasoning, informed consent conversations, fetal monitoring interpretations, and resuscitation efforts. High-quality, contemporaneous records and adherence to evidence-based protocols reduce risk and improve patient care.

Bottom line

Cerebral palsy can have many causes. When parents suspect provider error, an attorney with birth-injury experience can review records, consult experts, and advise on legal options. Early, well-documented investigation benefits both families seeking compensation and clinicians defending care quality.

FAQs about Cerebral Palsy Lawyers

What signs suggest I should talk to a cerebral palsy lawyer?
Consider legal counsel if you see gaps in the medical record, abnormal fetal monitoring with no clear response, delays in necessary interventions, or inconsistent explanations from providers. A lawyer can determine whether those concerns merit an expert review.
How do lawyers prove that a medical error caused cerebral palsy?
They obtain records and hire independent medical experts to show (1) the clinician breached the standard of care, (2) that breach caused brain injury, and (3) the injury produced measurable damages. Causation is often the most complex issue.
Will a malpractice suit pay for my child’s long-term care?
If successful, a claim can cover past and future medical expenses, therapy, assistive devices, home modifications, and other related costs. A settlement or award varies by case and jurisdiction.
How much does it cost to hire a birth-injury lawyer?
Many birth-injury attorneys work on contingency fees, meaning you pay no upfront fees; the attorney takes an agreed percentage of any recovery. Confirm fee structure and expenses at the first meeting.
How soon should I act after a birth injury?
Act promptly. Medical records are easier to obtain early, and statutes of limitation may bar claims after a deadline. Consult an attorney soon after concerns arise.