🧠 A Child with Cerebral Palsy After a Birth Injury — What Can Parents Do?
What Is Cerebral Palsy—and How Is It Linked to Birth Injuries?
Cerebral palsy (CP) is a group of neurological disorders affecting movement, posture, and muscle coordination. It is often caused by brain damage before, during, or shortly after birth, and may be linked to medical errors or negligence.
One of the leading causes of CP from birth is hypoxic-ischemic encephalopathy (HIE)—a condition in which the baby’s brain is deprived of oxygen and blood flow during labor or delivery.
When this happens, the result can be life-altering:
Delayed development
Permanent disability
Seizures
Motor dysfunction
Communication difficulties
How Do Birth Injuries Happen?
While not all cases of CP are preventable, many are caused by errors in obstetric care. Common causes of medical negligence include:
🔴 Failure to monitor fetal distress
🔴 Delayed C-section despite signs of oxygen deprivation
🔴 Misuse of vacuum or forceps during delivery
🔴 Inadequate response to maternal infection or preeclampsia
🔴 Failure to manage shoulder dystocia or umbilical cord complications
Each minute of delay during a high-risk labor could mean a lifetime of consequences for the child.
Can Parents Sue for Cerebral Palsy Caused by Medical Negligence?
Yes. If CP was caused or worsened by preventable mistakes, parents may file a medical malpractice lawsuit against the hospital, the OB/GYN, the nursing staff, or others involved in the care.
Legal claims may include:
Failure to meet the standard of care
Improper use of delivery techniques
Inadequate fetal monitoring
Delayed intervention during labor
Improper neonatal resuscitation
Parents can seek damages for:
Medical expenses (past and future)
Physical therapy, assistive devices, and home modifications
Special education and care
Pain, suffering, and loss of quality of life
Loss of future earning capacity
Emotional distress
What Attorneys Need to Prove a Birth Injury Case
To win these complex cases, attorneys must establish:
There was a deviation from the medical standard of care
That deviation caused injury to the child
The extent of damage and impact on the child’s future
This is where Lexcura Summit’s medical-legal consulting is critical.
How Lexcura Summit Helps Attorneys Build a Strong Birth Injury Case
Our nationwide network of over 200 board-certified medical professionals provides attorneys with:
✅ Medical Chronologies – Reconstructing the full timeline of labor, delivery, and neonatal care
✅ Expert Analysis – Identifying deviations in standard obstetric care
✅ Narrative Summaries – Clearly communicating the case to juries, adjusters, and opposing counsel
✅ Life Care Plans – Estimating future costs of care for children with CP
✅ Rebuttal Reports – Countering defense medical claims with clarity and authority
We deliver fully HIPAA-compliant, litigation-ready documents in 7 days or less.
When Should You Take Action?
Every state has a medical malpractice statute of limitations—often 2 years from the date of injury or discovery.
But in birth injury cases, this timeline may be extended due to the child’s age. Still, early investigation is critical.
💡 Start gathering medical records now: prenatal visits, labor and delivery notes, NICU records, and all diagnostic imaging.
📞 Get Legal-Medical Support from Lexcura Summit
If you're an attorney navigating a new CP diagnosis—and preparing a case—you don’t have to go it alone.
Let Lexcura Summit provide the medical clarity and expert insights you need to move forward with confidence.
👉 Schedule a free case review (up to 250 pages) at www.lexcurasummit.com
📞 Or call us today at (352) 703‑0703
