Cerebral palsy (CP) is a lifelong condition that can drastically affect a child’s mobility, independence, and quality of life. While some cases are unpreventable, many are the result of medical negligence during pregnancy, labor, or delivery. When doctors or hospitals fail to uphold the standard of care, families have the right to file a lawsuit for compensation.
If your child has been diagnosed with cerebral palsy and you suspect medical malpractice played a role, this 2025 guide explains how to file a lawsuit, who qualifies, and what compensation may be available to support your child’s future.
What Is Cerebral Palsy?
Cerebral palsy is a group of neurological disorders that impact muscle tone, posture, and movement. It’s caused by damage to the developing brain—often occurring before, during, or shortly after birth.
There are four main types:
- Spastic CP: Muscle stiffness and tightness (most common)
- Athetoid CP: Involuntary movements and coordination issues
- Ataxic CP: Balance and depth perception problems
- Mixed CP: A combination of symptoms
Children with CP may experience:
- Delays in motor development
- Muscle spasms
- Difficulty walking or talking
- Seizures
- Intellectual disabilities
In many cases, CP requires lifelong therapy, surgeries, and specialized care.
Can Cerebral Palsy Be Caused by Medical Negligence?
Yes. Although CP can result from natural complications, a significant number of cases are linked to preventable medical errors, such as:
- Failure to monitor fetal distress
- Delayed C-section
- Improper use of forceps or vacuum
- Mismanaged oxygen deprivation (hypoxia)
- Failure to treat maternal infections
- Negligent anesthesia administration
- Inadequate prenatal care
If doctors failed to act quickly or made poor decisions during delivery, they may be held legally responsible for your child’s condition.
Who Can File a Cerebral Palsy Lawsuit?
You may be eligible to file a CP lawsuit if:
- Your child has been diagnosed with cerebral palsy
- The condition was likely caused by a birth-related brain injury
- You can demonstrate that negligence by a healthcare provider led to the injury
- The diagnosis occurred within your state’s legal time limits
Parents or legal guardians typically file on behalf of the child. In some cases, lawsuits are filed years after birth when developmental delays become apparent.
What Compensation Can Families Receive?
Cerebral palsy can lead to overwhelming emotional and financial burdens. A lawsuit may provide compensation for:
| Category | What’s Covered |
|---|---|
| Medical Expenses | NICU stays, surgeries, medications, and future care |
| Physical and Occupational Therapy | Ongoing rehabilitation for mobility and motor function |
| Educational Needs | Special education, tutors, and assistive technology |
| Home Modifications | Ramps, lifts, or accessible bathrooms |
| Lost Earning Capacity | Your child’s future ability to earn a living |
| Pain and Suffering | Physical and emotional distress experienced by the child |
| Loss of Quality of Life | Impacts on independence, mobility, and social development |
| Caregiver Compensation | Lost income or time for parents providing full-time care |
Severe CP cases often result in multi-million dollar settlements or verdicts, particularly when lifelong care is necessary.
Step-by-Step Guide to Filing a Cerebral Palsy Lawsuit
Step 1: Choose a Qualified Birth Injury Attorney
Select a lawyer or law firm that specializes in birth injury and medical malpractice cases. Experience in CP litigation is critical to building a strong case.
Step 2: Schedule a Free Legal Consultation
Most law firms offer free evaluations. You’ll discuss your child’s diagnosis, pregnancy history, delivery records, and any signs of medical error.
Step 3: Collect Medical Documentation
Your attorney will help secure:
- Prenatal and delivery records
- Fetal monitoring logs
- C-section or delivery notes
- Neonatal records
- CP diagnosis confirmation
Step 4: Obtain Expert Medical Review
A board-certified medical expert will review your records to confirm whether malpractice occurred. In most states, this is required to file a claim.
Step 5: File the Lawsuit
Your attorney files the lawsuit against the responsible doctors, nurses, or hospital. It may be settled out of court or proceed to trial depending on the evidence and defense response.
What If the Diagnosis Came Years Later?
Many children with mild to moderate CP aren’t diagnosed until age 2–4, when developmental delays become clearer. Fortunately, many states offer extended statute of limitations for minors.
For example:
- Some states allow claims until the child’s 8th or even 18th birthday
- Others offer 2 to 3 years after the discovery of the injury
The sooner you speak with an attorney, the more likely you are to preserve your legal rights.
Do I Have to Go to Court?
Not always. Many cerebral palsy cases settle out of court through negotiations. This avoids the stress and delays of a trial while still securing meaningful compensation.
However, if the defendants refuse to settle or deny liability, your case may proceed to court. In that situation, your legal team will handle depositions, expert testimony, and the trial process.
Real-Life Cerebral Palsy Lawsuit Examples
$9 million – Family awarded after delayed C-section led to brain damage and severe spastic CP
$6.2 million – Infant born with CP due to negligent fetal monitoring and oxygen deprivation
$13.5 million – Jury verdict in a case involving failure to treat maternal infection and emergency intervention delay
$5 million – Settlement reached after improper forceps use caused hemorrhaging and permanent brain damage
These cases illustrate how courts recognize the long-term burden of preventable cerebral palsy injuries.
Can I File If I’m Receiving Government Benefits?
Yes. Filing a lawsuit does not disqualify your child from Medicaid, Social Security Disability (SSDI), or other public benefits. Your attorney can work with financial planners to set up structured settlements or special needs trusts, ensuring your child maintains eligibility while receiving compensation.
Final Thoughts
Caring for a child with cerebral palsy is an emotional and financial journey—but when the condition was preventable, you deserve answers and accountability.
Filing a cerebral palsy lawsuit in 2025 could help your family afford therapies, secure long-term care, and hold negligent providers responsible. You’re not alone. With the help of an experienced legal team, you can pursue justice and secure the future your child deserves.