Cerebral Palsy Lawsuit

Families may be able to file a cerebral palsy lawsuit and pursue compensation if their child’s condition was caused by medical malpractice. These lawsuits award $1 million+ on average. See if our team may be able to help you file a cerebral palsy lawsuit and seek justice.

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Why Take Legal Action?

By filing a cerebral palsy lawsuit, you can seek financial compensation to provide your child with the care they need to live their best life.

Results Secured

  • $10.5 million for a family in Missouri
  • $7.8 million for a Florida family
  • $6 million for a family in New York
Rae Theodore

Fact-Checked and Legally Reviewed by: Rae Theodore

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What Is a Cerebral Palsy Lawsuit?

A cerebral palsy (CP) lawsuit is legal action taken against negligent medical professionals responsible for a child’s CP. Cerebral palsy claims seek compensation that can help pay for the care a child needs over the course of their lifetime.

Quick Facts About Cerebral Palsy Claims

  • 95% of cerebral palsy lawsuits end in out-of-court settlements.
  • The average cerebral palsy birth injury settlement is more than $1 million.
  • Our legal partners have secured over $917 million for families impacted by birth injuries.
  • Families typically have 2-3 years to file a cerebral palsy claim depending on the state in which they live.

Doctors, nurses, and other health care providers are trained to safely deliver babies and navigate emergencies during the birthing process. Mistakes that cause harm to the mother or baby may be considered medical malpractice.

Get a free case review now to see if a top lawyer may be able to file a cerebral palsy lawsuit on your behalf and fight for maximum compensation.

Can I File a Cerebral Palsy Malpractice Lawsuit?

You may be able to file a cerebral palsy malpractice lawsuit if your child developed CP due to a medical error before, during, or shortly after childbirth.

Examples of medical mistakes that can cause cerebral palsy include:

  • Delaying a necessary cesarean section (C-section) or not performing one at all
  • Failing to treat a lack of oxygen (hypoxia)
  • Ignoring signs of fetal distress or other risk factors
  • Misusing forceps or a vacuum extractor
  • Not treating maternal infections

This isn’t a complete list. Many other medical errors can cause a brain injury that results in CP.

Get Help From a Registered Nurse

Call (888) 726-9160 right now to connect with our labor and delivery nurses, who can listen to your story and determine if medical negligence may have played a role in your child’s CP. There’s no cost to speak to our team.

Cerebral Palsy Lawsuit Statute of Limitations

There’s only a limited amount of time to file cerebral palsy lawsuits due to laws called statutes of limitations.

These time limits vary by state, but families typically have 2-3 years from the date they first discovered their child’s condition to file a cerebral palsy medical malpractice claim. In some states, this deadline is as short as 1 year.

If you suspect your child’s cerebral palsy was caused by medical malpractice, it’s important to contact a cerebral palsy lawyer as soon as possible.

An experienced cerebral palsy attorney can explain the deadline in your case and act quickly to protect your legal rights.

Reasons to File a Cerebral Palsy Birth Injury Lawsuit

By filing a cerebral palsy birth injury lawsuit, families can seek compensation to help pay for the costs of caring for a child with CP and hold negligent medical professionals accountable.

Cerebral palsy lawsuits can:

  • Provide compensation to help families pay for medical treatment, therapies, and more
  • Force careless health care providers to take responsibility for their mistakes
  • Motivate hospitals to enact policies to protect other newborns
  • Warn other families of negligent doctors and nurses
  • Secure the future of a child with CP

Many families have found that filing a cerebral palsy lawsuit provides a sense of closure and allows them to move forward with their lives.

How to File a Cerebral Palsy Medical Malpractice Claim

When filing a cerebral palsy lawsuit, you can expect your lawyer to do all the heavy lifting on your behalf, so you can focus on caring for your child. The general steps involved in filing a CP claim are listed below.

1. Free Case Review

The first step in the cerebral palsy lawsuit process is to get a free, no-obligation case review. A case manager or registered nurse will ask questions about your pregnancy, childbirth, and child’s health condition.

A legal team will start handling your case immediately if you qualify.

2. Collecting Evidence

Your team will gather evidence to show that your health care providers may have caused your child’s cerebral palsy.

Documents like imaging scans, medical records, and firsthand accounts from witnesses may be used to build a strong case of cerebral palsy malpractice.

3. Filing the Cerebral Palsy Lawsuit

Your cerebral palsy lawyer will file your lawsuit against all health care providers who may be responsible for your child’s condition. This can include doctors, nurses, and the hospital where the child was born.

You will become the plaintiff, and the health care providers being sued will become the defendants.

4. Accessing Cerebral Palsy Compensation

Cerebral palsy lawsuits almost always end in out-of-court settlements. A settlement occurs when a defendant agrees to pay a specific amount of compensation to a plaintiff without going to court.

Your lawyer will fight for a settlement to pay for your child’s lifetime care but will be prepared to argue your case in court and seek a favorable verdict if necessary.

Many cerebral palsy lawyers and their clients prefer settlements over trial verdicts since they are less risky, time-consuming, and costly.

Regardless of the path your cerebral palsy lawsuit takes, your lawyer will fight for as much compensation available under the law and work to get your payout as quickly as possible.

Cerebral Palsy Lawsuit Settlements and Verdicts

The average cerebral palsy lawsuit settlement is over $1 million, according to a study by The Doctors Group, a medical malpractice insurer.

In some cases, the cerebral palsy lawyers we work with have recovered much higher payouts for families impacted by CP.

Cerebral palsy lawsuit settlements and verdicts secured by our partners include:

  • $10.5 million for a family in Missouri
  • $9 million to the family of a 5-year-old in Colorado
  • $8.8 million on behalf of a child in Ohio who experienced fetal distress
  • $8 million for a North Carolina family
  • $7.8 million on behalf of a Florida family
  • $7 million to a family in Illinois
  • $6.5 million in Washington for oxygen deprivation due to delayed delivery
  • $6 million for a child in New York with CP from untreated jaundice
  • $5.9 million to a Texas family whose child received delayed care
  • $5.6 million on behalf of a Utah family
  • $5.5 million for a family in Oklahoma
  • Over $4 million in New Jersey for mismanaged fetal distress
  • $4 million for an Arizona family
  • $2.4 million on behalf of a child in Massachusetts with a cerebral palsy diagnosis

Your potential cerebral palsy lawsuit settlement could be more or less, depending on the facts of your case.

Call (888) 726-9160 now to see if an attorney in our network can fight for the cerebral palsy lawsuit settlement you deserve.

Cerebral Palsy Payouts in 2024

In 2024, several notable settlements and verdicts were awarded to families who filed cerebral palsy lawsuits.

Examples include:

  • $32.5 million to a Pennsylvania family with a 5-year-old boy who developed CP from an untreated infection at a Tower Health Hospital.
  • $120 million to a Michigan family with a child who suffered oxygen deprivation and CP brain damage at Henry Ford Hospital after a delayed cesarean section.

See if you may be able to file a cerebral palsy malpractice lawsuit and pursue a settlement with a free, no-obligation case review.

How Compensation From Cerebral Palsy Lawsuits Helps Families

Cerebral palsy settlements may allow families to afford the care their child needs to live their best possible life.

Settlement money can help pay for:

  • Assistive technology
  • Lost wages, if parents are caregivers
  • Home care
  • Medical bills
  • Medications
  • Motorized wheelchairs
  • Occupational therapy
  • Physical therapy
  • Special education
  • Speech therapy
  • Surgery
  • Transportation equipment
  • And more

Cerebral palsy lawsuit settlements can also make parents feel like justice has been served. Knowing that medical professionals have been forced to pay the price for their carelessness can help families move forward with their lives.

Get Help Filing a Cerebral Palsy Lawsuit

Working with an experienced birth injury lawyer is the best way to file a cerebral palsy lawsuit and improve your chances of a successful outcome. These attorneys have the qualities needed to win cases and maximize payouts for families.

LawFirm.com can connect you with a cerebral palsy lawyer who has:

  • A track record of success: The lawyers we work with have secured over $917 million for families affected by cerebral palsy and other birth injuries.
  • Experience: Our legal partners have decades of experience helping families seek justice.
  • Nationwide reach: They can help clients in all 50 states file a cerebral palsy claim.
  • Resources: Lawyers affiliated with top cerebral palsy law firms have registered nurses on staff and other resources that can help prove medical malpractice.

The attorneys in our network never charge any upfront or out-of-pocket fees, so you can take legal action without any financial risk.

Call (888) 726-9160 right now or fill out our contact form to take the first step toward the justice and compensation your family deserves.

Cerebral Palsy Lawsuit Cases FAQs

Can you sue for cerebral palsy?

Yes, you may be able to sue for cerebral palsy if your child’s condition was caused by a medical professional’s negligence before, during, or shortly after childbirth.

A cerebral palsy medical malpractice lawsuit seeks compensation to help pay for costs of care related to your child’s birth injury.

Do you get money if you have cerebral palsy?

Possibly. You may be entitled to financial compensation if your child developed cerebral palsy due to a health care provider’s preventable mistake.

Obstetricians and other labor and delivery professionals have a duty to provide a high standard of care and can be held accountable when they fail to do so.

By filing a cerebral palsy medical malpractice case, you can pursue compensation and justice from the medical staff responsible for your child’s condition.

How much compensation does a cerebral palsy lawsuit award?

The average cerebral palsy case awards over $1 million. Compensation can help pay for your child’s medical care, therapies, and more.

LawFirm.com has partnered with birth injury attorneys who’ve secured more than $917 million for affected families.

Call (888) 726-9160 right now to see if we may be able to connect you.

How long do you have to sue for cerebral palsy?

You typically have 2 to 3 years after you discover your child’s condition to file a cerebral palsy lawsuit. This deadline varies from state to state.

If you wait too long, you may miss your chance to file a lawsuit and seek compensation for your child’s past and future medical expenses and costs of care.

The best way to make sure you file your lawsuit in time is to contact an experienced cerebral palsy lawyer as soon as you suspect that your child’s condition was caused by medical malpractice.

How much do lawyers charge to file a cerebral palsy lawsuit?

Top cerebral palsy attorneys — like the ones in the LawFirm.com network — never charge any upfront or out-of-pocket fees to file cerebral palsy lawsuits.

They work on a contingency fee basis, so you pay nothing unless they secure compensation for you.

Get a free case review now to see if we can connect with a top cerebral palsy lawyer near you.

Rae Theodore

Fact-Checked and Legally Reviewed by: Rae Theodore

Rae Theodore is a writer and editor with more than 30 years of experience in legal publishing. She earned a bachelor’s degree in English from Pennsylvania State University.

  1. 69News. (2024, April 16). “Attorneys reach $32.5M settlement against Reading Hospital in birth injury case.” Retrieved July 15, 2024, from https://www.wfmz.com/news/area/berks/attorneys-reach-32-5m-settlement-against-reading-hospital-in-birth-injury-case/article_4d69db6e-fc03-11ee-943e-17e7e57e9b9c.html
  2. Centers for Disease Control and Prevention. “Data and Statistics for Cerebral Palsy.” Retrieved July 15, 2024, from https://www.cdc.gov/ncbddd/cp/data.html
  3. Detroit Free Press. (2024, April 2). “Michigan mom, son awarded $120M in malpractice lawsuit over delayed C-section.” Retrieved July 15, 2024, from https://www.freep.com/story/news/local/michigan/wayne/2024/04/02/henry-ford-health-caesarean-lawsuit-kirsten-drake/73172037007/
  4. Katz, R. T., & Johnson, C. B. Life care planning for the child with cerebral palsy. Physical Medicine and Rehabilitation Clinics of North America. Retrieved July 15, 2024, from https://pubmed.ncbi.nlm.nih.gov/23910487/
  5. National Institute of Neurological Disorders and Stroke. “Cerebral Palsy.” Retrieved July 15, 2024, from https://www.ninds.nih.gov/health-information/disorders/cerebral-palsy
  6. Ranum, D. “Study of malpractice claims involving children.” The Doctors Company. Retrieved July 15, 2024, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  7. Sokolove Law. (2024, July 1). “Cerebral Palsy Lawsuit.” Retrieved July 15, 2024, from https://www.sokolovelaw.com/birth-injuries/cerebral-palsy/lawsuit/ 
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Over $900 million recovered for birth injuries

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Average birth injury lawsuit payout

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