Cerebral Palsy Lawyers Representing Children and Families

What Is Cerebral Palsy?

Cerebral palsy, commonly referred to as “CP,” is a group of disorders that affect a person’s ability to move and maintain balance and posture. CP results from abnormal development of the brain or damage to the developing brain, according to the Centers for Disease Control and Prevention (CDC). The condition is nonprogressive, which means the underlying injury does not get worse over time.

Every child with cerebral palsy has an individual set of strengths, symptoms, and support needs. CP affects movement and muscle control. Children with CP may also experience challenges involving coordination, speech, swallowing, vision, hearing, and learning.

Some children walk independently and need limited assistance in daily life. Others use mobility or communication devices and receive ongoing help with daily activities.

Types of Cerebral Palsy

Doctors classify cerebral palsy by the movement involved and the parts of the body affected. The main types of cerebral palsy are:

• Spastic CP: stiff muscles and difficult movement
• Dyskinetic CP: uncontrolled movements
• Ataxic CP: imbalance and incoordination
• Mixed CP: symptoms of more than one type

The National Institute of Child Health and Human Development (NICHD) explains these classifications in greater detail.

Possible Signs of Cerebral Palsy

According to the NICHD, early signs may include delays in rolling over, sitting, crawling, or walking. Parents may notice unusually stiff or floppy muscles, poor head control, legs that cross or become rigid, movement that favors one side, or difficulty coordinating the hands.

It is also possible that any of these symptoms could have other causes. A pediatrician or developmental specialist can evaluate the child and recommend appropriate screening, treatment, and early intervention.

Can a Birth Injury Cause Cerebral Palsy?

Yes, a birth injury can cause cerebral palsy when an event during pregnancy, labor, delivery, or newborn care damages the areas of a baby’s brain that control movement. Possible mechanisms include a prolonged interruption of oxygen and blood flow, bleeding in the brain, stroke, severe infection, untreated jaundice, or another injury to the developing brain.

The medical and legal questions depend upon the circumstances. An unavoidable complication may occur despite appropriate care. A cerebral palsy birth injury claim may arise when a doctor, nurse, hospital, or other provider fails to meet the accepted standard of care, and then that failure causes or contributes to the child’s brain injury.

Cerebral Palsy Has Many Possible Causes

The majority of cerebral palsy cases are congenital, meaning the brain damage or abnormal development occurred before or during birth. In many cases, the exact cause remains unknown. Genetic changes, infection, stroke, premature birth, low birth weight, and other medical factors can play a role.

The CDC reports that a lack of oxygen during birth accounts for only a small number of CP cases. That medical reality makes a detailed investigation essential. The review must identify the nature and timing of the birth injury, the complications present, the care the medical team provided, and whether a different response could have prevented or reduced the harm.

Medical Errors That May Contribute to Cerebral Palsy

Obstetric and newborn care can require rapid decisions when complications develop. Medical providers must recognize known risks, monitor the mother and baby, communicate changes, and respond with appropriate urgency. The following failures may support a cerebral palsy medical malpractice claim when they lead to a preventable brain injury.

Errors During Prenatal Care

Prenatal records may show whether providers identified and managed conditions that threatened the baby’s health. An investigation may examine a failure to diagnose or treat maternal infection, monitor a high-risk pregnancy, address placental problems, respond to abnormal testing, or arrange timely delivery when the baby was in danger.

Errors During Labor and Delivery

Labor and delivery teams must evaluate the fetal heart rate and respond when the tracing shows concerning changes. Possible errors include inadequate monitoring, misinterpretation of fetal heart rate patterns, continued use of labor-inducing medication despite fetal distress, or delay in an emergency cesarean section.

Providers must also respond appropriately to placental abruption, uterine rupture, umbilical cord prolapse, or maternal hemorrhage.

Errors During Newborn Care

After delivery, a baby may need immediate resuscitation, respiratory support, testing, or specialized treatment.

A claim may involve delayed or inadequate resuscitation, failure to recognize seizures or infection, failure to treat dangerously high bilirubin levels, or delay in evaluating a newborn for therapeutic hypothermia after suspected oxygen deprivation.

Each event must be assessed in the context of the baby’s condition and the care reasonably available at the time.

How Are Cerebral Palsy and HIE Related?

Hypoxic-ischemic encephalopathy, or HIE, is a type of newborn brain injury caused by insufficient oxygen and blood flow. HIE can occur before, during, or shortly after birth. Some children who experience moderate or severe HIE later receive a cerebral palsy diagnosis, along with possible seizures, developmental delays, or other neurological conditions.

HIE and cerebral palsy describe different medical conditions. HIE identifies an injury process involving oxygen and blood flow. Cerebral palsy describes a group of movement and posture disorders caused by abnormal brain development or damage to the developing brain.

A child’s records and imaging may help doctors and legal experts evaluate whether the conditions are connected.

How Cerebral Palsy Lawyers Investigate Medical Negligence

A cerebral palsy lawsuit requires proof of both medical negligence and causation. The investigation asks whether a provider departed from the accepted standard of care and whether that departure caused or contributed to the child’s injury. Experienced counsel must test each part of that theory against the records, medical literature, expert analysis, and likely defenses.

The Yost Legal Group begins by listening to the family’s account and learning about the pregnancy, delivery, the child’s condition and care after birth, diagnosis, and current needs. Our cerebral palsy attorneys identify the providers involved, secure the available evidence, and consult professionals in the relevant medical fields.

Medical Records and Evidence

Important evidence may include prenatal charts, laboratory and imaging results, fetal monitoring data, medication records, nursing notes, operative reports, cord blood gas results, Apgar scores, and resuscitation records. Neonatal intensive care records, brain imaging, neurology evaluations, and developmental assessments may also be relevant.

The sequence matters because of cause and effect: Monitoring data may show when fetal distress began, and medication and nursing records may establish who observed a change in the newborn’s condition and when. Then delivery records may document the timing of a cesarean section. Finally, newborn testing and imaging may help determine the nature and timing of the brain injury. Our team organizes this evidence into a clear medical timeline.

Medical Experts and Legal Causation

Birth injury cases usually require opinions from qualified medical experts. Depending upon the facts, an attorney may consult specialists in obstetrics, maternal-fetal medicine, neonatology, pediatric neurology, neuroradiology, nursing, or other disciplines.

These experts evaluate the standard of care, the provider’s response, the mechanism of injury, and the connection between the medical error and the child’s cerebral palsy.

Hospitals and insurance companies may argue that the condition arose from genetics, prematurity, infection, or an event unrelated to care. A sound case addresses these possibilities directly.

Honest analysis helps families avoid unsupported claims and gives well-supported claims the careful preparation they require.

How Cerebral Palsy May Affect a Child’s Future Needs

Cerebral palsy affects children in different ways. A child’s care plan may include therapy, medication, orthopedic treatment, surgery, mobility equipment, communication technology, specialized education, home modifications, or personal assistance. Needs can change as the child grows.

An experienced investigator will account for the child’s current abilities, medical recommendations, family goals, and expected support needs. Attorneys may work with physicians, therapists, life care planners, economists, and other professionals to estimate the cost of appropriate care and services over the course of the child’s life.

Compensation in a Cerebral Palsy Birth Injury Claim

When medical negligence causes cerebral palsy, compensation can help provide care, equipment, services, and financial stability. The damages available depend on the evidence and the law that applies to the case.

A cerebral palsy birth injury claim may seek compensation for:

• Past and future medical treatment
• Physical, occupational, and speech therapy
• Medication, surgery, and rehabilitation
• Wheelchairs, communication devices, and other assistive technology
• Home and vehicle modifications
• Specialized education and development services
• In-home assistance or long-term support
• Lost future earning capacity
• Pain and suffering, along with other legally recoverable damages

A settlement or verdict should reflect the services the child is reasonably expected to need, the cost of providing them, and the effect of the injury on the child’s life. As such, your cerebral palsy legal team must evaluate future needs with care.

Cerebral Palsy Settlements Obtained by The Yost Legal Group

Since 1988, The Yost Legal Group has represented people and families harmed by negligence. In our birth injury practice, we have helped families piece together what happened when medical providers involved gave them few answers.

Compensation cannot reverse the brain injury that caused a child’s cerebral palsy. However, it can help families provide the care, resources, and opportunities their children deserve.

$5,000,000 Settlement in a CP Birth Injury Case

In this $5,000,000 cerebral palsy settlement, the medical team struggled to deliver the second twin during an emergency cesarean section for a preterm twin pregnancy. The baby suffered profound brain damage and could not walk or speak. The case settled before trial.

$3,700,000 Settlement in a CP Birth Injury Case

In this $3,700,000 CP settlement, medical staff failed to treat a mother’s high blood pressure during pregnancy, leading to a premature birth. The child suffered permanent, debilitating injuries and received a cerebral palsy diagnosis. The case settled before trial.

$2,500,000 Settlement in a CP Birth Injury Case

In this $2,500,000 CP settlement, doctors diagnosed the mother with preeclampsia, but they did not immediately hospitalize her. This delay led to critical distress for the mother and child, prompting an emergency cesarean section. After missing several developmental milestones, the child was diagnosed with cerebral palsy years later. The case settled before trial.

These settlements are a few examples of our work with children and families. Every case depends upon its own facts, and prior results do not guarantee a similar outcome. The Yost Legal Group brings the same care and determination to every family we represent.

Why Choose The Yost Legal Group for a Cerebral Palsy Case?

For nearly 40 years, The Yost Legal Group has represented injured children and families in a variety of complex litigations. We understand how to develop cases that combine detailed medical evidence, expert testimony, and a careful assessment of a child’s future needs.

Families work with real people from the first call. Our Intake Team listens and gathers the information needed for an initial review. When we accept a case, our Litigation Team obtains records, builds the medical timeline, consults qualified experts, and keeps the family informed as the case develops.

Our Baltimore-based firm has the resources to pursue claims involving hospitals, physicians, nurses, insurers, and other powerful defendants. We review cerebral palsy and birth injury cases from Maryland and other states.