Families who learn that their child has been diagnosed with cerebral palsy understandably have many questions, including whether a medical error may have played a role. When cerebral palsy results from negligence during labor or delivery or the immediate postpartum period, families may have grounds to pursue a medical malpractice claim.Â
The Philadelphia cerebral palsy lawyers at Kline & Specter have handled complex birth injury cases across Pennsylvania and beyond, with a team of five full-time doctor-lawyers, including two OB/GYNs. Families with questions about a potential claim are encouraged to contact us for a confidential evaluation at no cost.
What Is Cerebral Palsy?
Cerebral palsy is a group of neurological conditions affecting movement and muscle control. It results from damage to or abnormal development of the brain, most often before, during, or shortly after birth. The condition is permanent but does not progress over time. According to the Centers for Disease Control and Prevention, approximately 1 in 345 children is affected by cerebral palsy in the United States, making it the most common childhood motor disability. Many cases involve congenital factors unrelated to any error in care, but some are linked to preventable events during labor and delivery.
There are three primary types of cerebral palsy:
- Spastic cerebral palsy is the most common form, accounting for roughly 80 percent of all cases. It is characterized by stiff, tight muscles and limited or awkward movement resulting from damage to the brain's motor cortex.
- Athetoid cerebral palsy involves slow, involuntary movements of the hands, feet, arms, and legs, and sometimes the face. It is most commonly associated with a lack of oxygen to the brain around the time of birth or with severe, untreated jaundice.
- Ataxic cerebral palsy primarily affects balance and coordination and is the least common form of cerebral palsy. Some individuals present with symptoms of more than one type, referred to as mixed cerebral palsy.
What Causes Cerebral Palsy Due to Medical Negligence?
Not every case of cerebral palsy is attributable to medical error, but some severe cases, particularly those involving brain injuries from oxygen deprivation, are linked to failures during labor and delivery that may constitute medical negligence. Common examples include:
- Failure to recognize signs of fetal distress, including abnormal fetal heart rate patterns
- Failure to perform a timely cesarean section when clinical indicators warrant it
- Failure to detect or manage umbilical cord complications, including compression, prolapse, or entanglement
- Improper use of forceps or vacuum extraction devices, which can cause direct brain trauma
- Doctors fail to treat maternal infections during pregnancy
- Failure to diagnose and treat elevated bilirubin levels, which can cause brain damage (kernicterus)
- Medication errors during labor that cause uterine hyperstimulation and deprive the infant of oxygen
When a medical professional's failure to meet the standard of care causes brain injuries that lead to cerebral palsy, the family may have grounds to pursue a legal claim.
What Are the Common Signs and Symptoms of Cerebral Palsy?
Children are generally not diagnosed with cerebral palsy until one to three years of age, although some cases are identified earlier. Diagnosis typically comes well after the events that caused the injury, so families may not immediately connect a child's developmental delays to what occurred during delivery. Signs in infants include abnormal muscle tone, head lag, difficulty feeding, and difficulty swallowing. In older infants and toddlers, indicators include:
- Delays in reaching milestones such as rolling over, sitting, or walking
- Difficulty with coordination, balance, or controlled movement
- Muscle stiffness, spasms, seizures, or other involuntary movements
- Favoring one side of the body
- Speech difficulties or delays in language development
- Problems with vision or hearing
When Can You File a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit in Pennsylvania is a medical negligence claim requiring four elements: a provider-patient relationship, a deviation from the accepted standard of care, a causal connection between that deviation and the child's injury, and resulting damages. Pennsylvania also requires a Certificate of Merit from a qualified medical expert before a case can proceed in court.
Establishing causation tends to be the most demanding aspect of these cases. It requires a thorough review of prenatal records, fetal heart rate monitoring strips, delivery notes, and imaging results, along with expert analysis of when and how the brain injuries occurred. Kline & Specter's doctor-lawyers review this material directly, helping with both case evaluation and expert preparation.
How a Philadelphia Cerebral Palsy Lawyer Can Help
Case investigation begins with obtaining and reviewing the complete medical record (prenatal care, fetal monitoring, labor and delivery notes, and postnatal documentation) to assess whether the standard of care was met.
Expert consultation draws on qualified specialists, including OB/GYNs and maternal-fetal medicine specialists, to evaluate liability and the full scope of the child's potential long-term needs.
Damages assessment in cerebral palsy cases accounts for the long-term nature of the condition, encompassing medical costs, therapy, assistive equipment, attendant care, educational support, and lost earning capacity.
A cerebral palsy lawyer will pursue a resolution through taking the case to trial.
How Cerebral Palsy Medical Malpractice Cases Are Proven in Pennsylvania
These cases require establishing through qualified medical testimony that the care provided fell below the accepted standard and that the deviation directly caused the child's brain injuries. Fetal heart rate monitoring records are central evidence, since they document the infant's condition during labor and can show when oxygen deprivation began and whether the clinical team responded appropriately.
Kline & Specter's full-time medical malpractice lawyers review this evidence carefully. The firm's work in birth injury cases includes a $57 million verdict involving infant oxygen deprivation and a $42 million federal verdict in a forceps delivery case. However, outcomes in any individual case depend on its specific facts.
What Compensation Is Available in Philadelphia Cerebral Palsy Lawsuits?
Economic damages address quantifiable losses, typically including past and future medical expenses, physical and occupational therapy, assistive equipment, home modifications, attendant care, special education, and diminished earning capacity over the child's lifetime.
Non-economic damages address pain and suffering and loss of enjoyment of life. Pennsylvania does not cap damages in medical negligence cases; the amount recoverable depends on the specific facts, the extent of injury, and the evidence presented.
How Long Do You Have to File a Cerebral Palsy Lawsuit in Pennsylvania?
Pennsylvania's statute of limitations for medical negligence claims generally requires filing within two years, though birth injury cases involving minors follow different rules, and a claim for a minor in Pennsylvania may typically be brought until age 20.
Even with extended deadlines, early consultation is advisable. Medical records and fetal monitoring strips are most complete closer to the events in question, and beginning an investigation promptly allows for a more thorough assessment while evidence is accessible and memories are fresh.
Why Families Trust Kline & Specter for Cerebral Palsy Cases
Kline & Specter has five full-time doctor-lawyers, including two OB/GYNs, more than any other law firm in the United States. This medical depth of knowledge shapes every phase of a cerebral palsy lawyer engagement, from initial records review and expert selection through trial preparation and evidence presentation.
The firm's track record includes a $100 million verdict (the then largest medical negligence verdict in Pennsylvania history), along with the $57 million and $42 million birth injury verdicts referenced above. The firm handles cerebral palsy cases across Pennsylvania and in New Jersey, Delaware, and New York, and works with local counsel elsewhere.Â
Representation is on a contingency basis: we charge no fee unless a recovery is obtained. Prior results do not guarantee a similar outcome in any future matter.
Talk to a Philadelphia Cerebral Palsy Lawyer About Your Child's Case Today
If your child has been diagnosed with cerebral palsy and you have questions about whether medical negligence may have played a role, contact Kline & Specter for a confidential, no-obligation evaluation. Our Philadelphia cerebral palsy attorneys evaluate each case individually. There is no cost to speak with our team, and no fee unless we obtain a recovery on your behalf.
Kline & Specter handles cerebral palsy lawsuits in Pennsylvania, New Jersey, Delaware and Nationwide, working with local attorneys in states outside PA, NJ and DE.
