- March 24, 2025
When you welcome a child into the world, your heart is filled with hope, love, and the promise of a bright future. For many parents, this is one of life’s most joyful moments. However, for some, what should be a time of celebration turns into confusion and pain when complications arise during labor or delivery. If your child has been diagnosed with cerebral palsy, you might be wondering if it happened because of a birth injury—and what, if anything, you can do about it. A dedicated birth injury lawyer can help you explore your options and secure the justice your family deserves.
This is not an easy topic, but it’s one worth exploring, particularly for parents who want answers about their child’s condition and future. To understand whether cerebral palsy can be a birth injury, it’s important to look at the causes of cerebral palsy, how medical negligence may play a role, and the steps you can take to ensure your child has the care and resources they need.
What Is Cerebral Palsy?
Cerebral palsy (often abbreviated as CP) refers to a group of disorders that affect a person’s ability to move, maintain posture, and control muscle function. It is caused by damage to the brain, usually occurring before, during, or shortly after birth. This damage disrupts normal brain development, resulting in permanent impairment.
Cerebral palsy varies greatly in severity. Some children may have mild symptoms, such as difficulty with fine motor skills or coordination, while others experience significant challenges, including the inability to walk, speak, or perform daily tasks without assistance. Though the condition is lifelong, many children with cerebral palsy can achieve fulfilling lives with the right care and support.
Is Cerebral Palsy Always Present at Birth?
Cerebral palsy is not a genetic disorder, which means it is not passed down from parent to child through DNA. Instead, it occurs as a result of brain damage, which can happen for several reasons. Some cases begin before birth, stemming from factors like infection during pregnancy, a lack of oxygen reaching the brain (fetal hypoxia), or abnormalities in brain development.
However, cerebral palsy may also be caused by events that occur during labor and delivery. When complications arise and are not properly addressed, or when medical professionals fail to meet the standard of care, a preventable birth injury can result. It is in these situations that cerebral palsy transitions from being a natural tragedy to an unjust one.
How Can Medical Negligence Lead to Cerebral Palsy?
During labor and delivery, the baby’s brain is particularly vulnerable. Healthcare providers are tasked with ensuring that both mother and child are monitored closely to identify and address potential risks, including:
- Oxygen deprivation: If a baby’s brain is deprived of oxygen for even a short period of time, it can lead to a severe, sometimes permanent injury. Conditions like prolonged labor, umbilical cord problems, or a delayed C-section can result in hypoxia.
- Birth trauma: The use of excessive force during delivery, including improper use of tools like forceps or vacuum extractors, can lead to physical injuries and brain damage.
- Failure to detect fetal distress: Doctors and nurses are trained to recognize signs of fetal distress, such as abnormal heart rates. Ignoring or misinterpreting these signs can have devastating consequences.
- Maternal infections: Certain infections during pregnancy can lead to complications during childbirth. Failing to screen for or treat these infections may put a baby at risk.
Medical negligence happens when healthcare providers fail to uphold their duty of care—a responsibility to act in the best interests of the patient and prevent harm when possible. If this failure directly causes an injury, such as brain damage leading to cerebral palsy, it is considered a preventable birth injury.
Signs That Cerebral Palsy May Be the Result of a Birth Injury
No parent should have to go through this alone, wondering whether something could have been done differently to prevent their child’s diagnosis. While not all cases of cerebral palsy are caused by medical negligence, some red flags may point to a preventable birth injury:
- Unexplained complications during delivery: If there were unusual delays, moments of panic, or significant medical interventions that lacked a clear explanation, these may merit further investigation.
- A high-risk pregnancy that wasn’t managed effectively: If risks like preeclampsia, gestational diabetes, or breech birth were not adequately addressed, there may have been opportunities to prevent complications.
- A difficult or traumatic delivery for the mother and child, especially if the baby showed signs of distress, such as lack of crying or difficulty breathing immediately after birth.
- Signs of brain injury noted in the baby shortly after delivery, such as seizures, low muscle tone, or difficulty feeding.
If the details of your experience during labor and delivery leave you with lingering questions, it is worth speaking with professionals who can assess the situation and determine whether medical negligence played a role.
Why Legal Help Matters
After your child’s cerebral palsy diagnosis, your focus will naturally shift to giving them the best possible care. This can feel overwhelming, especially as you begin to realize the lifelong implications of the condition. There may be medical treatments, therapies, adaptive equipment, and special education services in your child’s future—all of which come with significant emotional and financial costs.
Seeking legal help isn’t just about addressing medical negligence; it’s about advocacy for your child. When a child develops cerebral palsy due to preventable errors, a legal case can help secure the resources needed for their future. Compensation from such cases can provide access to:
- Physical therapy and rehabilitation to improve motor skills and strength.
- Occupational therapy to promote independence in daily activities.
- Speech therapy for language and communication challenges.
- Wheelchairs, braces, and communication devices essential for mobility and interaction.
- Special education programs or private schooling tailored to their needs.
- Long-term care planning, including financial support for housing, medical treatments, and professional caregivers.
Far too often, families go without the resources they need simply because pursuing a legal case feels daunting or complicated. By working with experienced professionals, you can take the steps necessary to secure your child’s health and future.
It’s About More Than the Money
We often hesitate to think legal action is the answer, but in birth injury cases, it can be a critical step toward achieving justice and accountability. What happened to your child may not have been within your control—but that doesn’t mean nothing can be done to make things right. This isn’t about placing blame for the sake of it; it’s about making sure your child has the best chance at a fulfilling life.
Compensation is not about wealth. It’s about support—a way of leveling the playing field so your family can focus on what truly matters. Hiring a legal advocate allows you to hold negligent parties accountable and ensure they take responsibility for the harm caused. Beyond that, it’s a way of protecting other families from facing the same devastating outcomes in the future.
How Can a Lawyer Help with My Birth Injury Claim?
When your child has been diagnosed with a condition like cerebral palsy, possibly due to a preventable birth injury, it’s natural to feel overwhelmed and unsure of what steps to take. On top of managing your child’s medical needs, you may be left with questions about how this happened and whether it could have been avoided. This is where a compassionate and experienced lawyer can make a difference—not just in seeking justice, but also in helping your family secure the resources your child needs to thrive.
Investigating Medical Negligence
A lawyer with experience in birth injury cases knows how to uncover the truth about what happened during labor and delivery. They will carefully review your medical records, consult with medical experts, and examine the details of your experience to identify whether preventable mistakes occurred. Birth injuries stemming from medical negligence often involve failures to act quickly during complications, improper use of delivery tools, or a lack of attention to signs of fetal distress. A skilled attorney can piece together these elements to identify whether your child’s injury could and should have been avoided.
Gathering Strong Evidence
Building a successful claim requires compelling evidence, and gathering that evidence can be a daunting task for any parent to take on alone. Your lawyer can take the lead on this by obtaining medical documents, interviewing witnesses, and working with experts to create a clear and detailed picture of how negligence led to your child’s injury. This process is critical in proving that the health care providers involved failed to uphold the standard of care they were obligated to provide.
Dealing with Insurance Companies
The thought of negotiating with insurance companies can feel intimidating, especially when you’re trying to focus on your child’s well-being. Insurance companies are often more interested in protecting their bottom line than in offering a fair settlement for families in need. Lawyers experienced in birth injury cases know how to handle these negotiations with skill and determination. They can push back against lowball offers and ensure that the full extent of your child’s needs—both immediate and long-term—are considered in any settlement discussions.
Advocating for You in Court
While many birth injury cases settle outside of court, some may require litigation to achieve the outcome your family deserves. If this happens, your lawyer will be your steadfast advocate, presenting your case to a judge or jury in a way that highlights the impact of the injury on your child’s life and holds the negligent parties accountable. Having a dedicated legal team by your side ensures that you won’t have to face this battle alone.
Securing Your Child’s Future
Legal action may feel like a big step, but it’s one that can open doors for your child’s future. Compensation from a birth injury claim can cover the costs of physical therapy, medical equipment, specialized education, and more—resources that are vital to giving your child the best possible quality of life. Beyond financial support, legal action holds those responsible accountable so other families don’t have to endure similar heartbreak.
At its core, hiring a lawyer is about partnership. It’s about having someone by your side who understands what you’re going through and has the knowledge to guide you through one of the most challenging times of your life. Taking this step isn’t just about justice—it’s about ensuring that your child can grow, learn, and thrive as they deserve.
You Are Not Alone
If this feels overwhelming—if the weight of what you’re facing seems too heavy to bear—know this: You are not alone. Many parents of children with cerebral palsy have walked this road and found ways to cope, adapt, and move forward. Resources, whether they are legal, medical, or emotional, are available to you.
Learning to advocate for your child will be one of the most important aspects of this process. It will not always be easy, but your strength and persistence will open doors for them that might otherwise remain closed. And even in moments when the obstacles seem too great, remember that there are people and organizations who want to help.
If you have questions about your child’s cerebral palsy diagnosis and suspect it might have resulted from a preventable birth injury, we are here to help. At Goodman Acker PC, our personal injury lawyers are committed to supporting families like yours with compassion, honesty, and a dedication to justice. Contact us today at (248) 831-1507 or through our online form for a free and confidential consultation. Learn more about how we can assist you in getting the answers and resources your child needs.