Understanding Cerebral Palsy Lawsuits: Legal Options for Parents

Understanding Cerebral Palsy Lawsuits: Legal Options for Parents

Cerebral palsy is a lifelong neurological condition that affects a person’s ability to move, maintain posture, control muscle coordination, and may affect learning, hearing, thinking and other nervous system functions. It can occur when a baby’s developing brain is damaged or fails to develop properly. While some cases are due to unavoidable genetic or developmental factors, a significant number of cases arise from preventable medical errors before, during, or shortly after birth. For parents, understanding whether negligence played a role is critical—not only for accountability, but also to secure the financial resources necessary to care for a child with lifelong needs.

This article explores how medical negligence can cause cerebral palsy, when families may have grounds for a lawsuit, and how a knowledgeable birth injury attorney can help pursue justice and long-term support.

What Is Cerebral Palsy and How Can It Be Caused by Negligence?

When a baby develops cerebral palsy due to substandard medical care, it may constitute medical malpractice.

Common forms of negligence that can cause cerebral palsy include:

• Failure to monitor fetal distress: Abnormal heart rate patterns can indicate the baby is in distress. If ignored, this can result in oxygen deprivation.
• Delayed or improper use of C-section: A C-section should be performed promptly when complications arise, such as fetal distress, prolonged labor or placental abruption.
• Misuse of delivery instruments: Forceps or vacuum extractors must be used carefully. Incorrect use can cause head trauma or brain bleeds.
• Failure to treat maternal infections: Conditions like Group B Strep or urinary tract infections can lead to complications if left untreated.
• Improper management of umbilical cord issues: A compressed or prolapsed umbilical cord can restrict oxygen flow to the baby.

When healthcare providers fail to meet the standard of care expected during these critical moments, the resulting brain damage can lead to permanent disabilities, including cerebral palsy.

Signs That Medical Negligence May Be Involved

Not all cerebral palsy cases result from malpractice, but certain signs may warrant a closer look into what happened during delivery. These signs include prolonged or complicated labor, low Apgar scores at 1 and 5 minutes after birth, seizures in the hours or days following delivery, unexplained NICU admission, a diagnosis of hypoxic-ischemic encephalopathy (HIE), and developmental delays or motor skill deficits identified in the first years of life. Reviewing medical records, fetal monitoring strips, and notes from the delivery staff can help determine whether proper procedures were followed or if negligent actions contributed to a preventable injury.

What Legal Options Do Parents Have?

Parents in Indiana whose child developed cerebral palsy due to medical negligence may pursue a medical malpractice claim. In such a case, the family must prove:

1. A duty of care existed — There was a provider-patient relationship.
2. A breach of that duty occurred — The medical team failed to meet the standard of care.
3. The breach caused an injury — The negligence led directly to brain damage resulting in cerebral palsy.
4. Damages were incurred — The child and family suffered measurable harm.

Indiana’s medical malpractice laws include unique procedural steps that can affect how a claim is pursued. Before filing a lawsuit, the case must first be reviewed by a Medical Review Panel composed of medical professionals who assess whether malpractice occurred. Additionally, Indiana imposes a cap on the total amount of compensation that can be awarded in medical malpractice cases, with the specific limit varying depending on the date of the incident. While these laws are designed to streamline legitimate claims, they can also make navigating a lawsuit more complex without experienced legal guidance.

Compensation May Include:

Compensation in cerebral palsy cases may cover a wide range of damages, including medical expenses (past, present, and future), rehabilitation and therapy costs, mobility devices, home modifications, or special transportation, as well as special education and academic support services. Families may also seek compensation for pain and suffering, loss of future earnings or independence, emotional distress, and loss of enjoyment of life. Given the lifelong impact of cerebral palsy, many families work with life care planners to estimate total future care costs, helping to ensure the child’s needs are fully accounted for in a legal claim.

Why You Need a Cerebral Palsy Attorney

A cerebral palsy attorney understands both the legal complexities and the medical science behind these injuries. They can obtain and analyze medical records, consult with obstetricians, pediatric neurologists, and delivery experts, and identify instances of negligence that may have led to the child’s condition. Experienced attorneys are also equipped to navigate Indiana’s Medical Review Panel process and prepare a thorough case that reflects the child’s current and future needs. Whether through negotiation or trial, they represent the family’s interests every step of the way. Importantly, most malpractice attorneys work on a contingency fee basis, meaning families do not pay unless a financial recovery is made.

What Should Parents Do If They Suspect Malpractice?

If you believe medical negligence may have caused your child’s cerebral palsy, take the following steps promptly:

1. Document your child’s medical history and developmental concerns – Keep detailed notes on symptoms, treatments, diagnoses, and conversations with doctors.
2. Seek a second medical opinion – A new provider may be able to identify whether errors occurred during birth or early care. A medical malpractice attorney can help you connect with trusted experts.
3. Contact a qualified birth injury attorney – An attorney can help evaluate your case, explain your rights under Indiana law, and begin the process of obtaining expert review.
4. Let your attorney handle records and investigation – A lawyer will obtain your child’s full medical history, including fetal monitoring reports and delivery notes.
5. Focus on your child’s care – While your legal team builds the case, ensure your child receives appropriate therapies, interventions, and emotional support.

Time is critical, as Indiana law includes statutes of limitations. However, in some cases involving minors, timeframes may be extended—but it is important not to delay.

Conclusion

Raising a child with cerebral palsy can be an enormous emotional and financial undertaking. If your child’s condition was caused by a preventable medical error, you deserve answers and a path to justice. A cerebral palsy lawsuit can help uncover the truth, hold negligent providers accountable, and provide your family with the resources needed for long-term care.

To learn more about your legal options, contact an experienced Indiana medical malpractice attorney who focuses on birth injury cases. The right advocate can make all the difference in your journey toward healing, accountability, and financial support.

The Powless Law Firm is an Indiana law firm that represents victims and families statewide in serious cases involving birth injury, nursing home neglect, medical negligence, personal injury, and wrongful death. If you have concerns about birth injuries, please contact us at (877) 769-5377. Together we can make a difference.