Cerebral Palsy (CP) Attorney

Our birth injury attorneys have secured millions in birth injury settlements for our clients. Call us today to receive your free case evaluation.

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

Content last updated on:
August 22, 2023

Cerebral palsy is a group of neurological disorders resulting from abnormalities or damage to a baby’s brain. The condition typically entails problems with the brain’s ability to control movements and maintain balance and can be quite severe. Cerebral palsy is not progressive, so the condition will not worsen over time, but it is irreparable the damage is permanent. The Centers for Disease Control and Prevention (CDC) estimates there are about 3.3 cerebral palsy cases per every 1,000 live births.

What Causes Cerebral Palsy?

While some cerebral palsy cases result from unavoidable developmental issues, such as abnormal cerebral cortex growth, others result from an avoidable lack of oxygen to the brain before, during, or soon after birth. Cerebral palsy caused by a hypoxic injury during birth can potentially form the basis for a medical malpractice lawsuit against the labor and delivery nurses and doctors. Doctors and nurses must carefully monitor a baby before delivery to make sure the baby is getting enough oxygen. There are specific guidelines that guide the medical community in exercising a high degree of care when treating patients. If doctors and nurses fail to meet the acceptable standard of care for a delivery, he or she may be liable for any resulting injuries to the baby.

While some cerebral palsy cases occur naturally, many cases result from medical malpractice. Doctors and nurses can monitor whether the baby is getting enough oxygen using a fetal heart monitor. The fetal heart monitor is the most commonly used obstetric device in the United States. If doctors and nurses do not recognize the signed of hypoxia (lack of oxygen) in the baby a serious injury can result. Hypoxia and resulting lack of oxygen to the brain, is one of the most common causes of cerebral palsy in newborns. The lack of oxygen to the brain damages various parts of the brain, leading to cerebral palsy.

Symptoms and Complications

The severity and symptoms of cerebral palsy vary case by case and are not typically observable to a non-medical professional in a newborn. Typically, a baby with a significant hypoxic brain injury will be admitted to the NICU (neonatal intensive care unit) and will receive cooling treatment if it is available. As they get older, most people with cerebral palsy experience symptoms including:

Lack of muscle coordination
Exaggerated reflexes
Weakness in one or more arm or leg
Abnormalities with gait
Muscle tone abnormalities. Some muscles may be too hard or too soft
Motor skill delays
Difficulty with precise muscle movements
Impaired vision, hearing, or speech
Impaired language processing
Tremors, shaking, or other involuntary movements
Excessive drooling and difficulty speaking
Difficulty eating
Intellectual disability

Depending on the degree of brain damage, some people with the condition learn to manage their symptoms with relatively little interruption to regular life, while others experience significant disability and may even develop additional or worsened symptoms over time. There is no cure for cerebral palsy. However, people living with the condition can receive medication, surgery, and various treatments and therapies to improve their quality of life.

Building a Medical Malpractice Lawsuit

If you or a loved one recently had a baby diagnosed with cerebral palsy, it is vital that you understand your options. If you are concerned that the condition is the result of a doctor’s failure to provide an acceptable standard of care before, during, or after delivery, it is crucial to speak with an attorney as soon as possible to discuss your options for legal recourse.

The attorneys at Freedland Harwin Valori, PL have successfully handled all types of these cases for clients in Florida. Parents of a child with cerebral palsy face many challenges, and it’s vital to hold negligent doctors or other medical professionals accountable for the damage they cause when they fail to uphold the acceptable standard of care for newborn delivery. Call our firm for more information or to schedule a consultation about your cerebral palsy case today.

free consultation anytime, anywhere.

ALL FIELDS REQUIRED

CASE RESULTS

$24.5 Million

MEDICAL MALPRACTICE

JURY VERDICT

Damages Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.

$12.2 Million

PHARMACEUTICAL LIABILITY

SETTLEMENT

A settlement won on behalf of the family of a 47 year old woman whose death resulted from the use of a dangerous pharmaceutical drug. We proved the manufacturer knew of the dangerous side effects & did not provide proper warning.

$10 Million

BIRTH INJURY

SETTLEMENT

A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.

$1.2 Million

MOTOR VEHICLE ACCIDENT

SETTLEMENT

A settlement on behalf of a middle-aged man who was read ended by a waste management truck.

$1.5 Million

NURSING HOME NEGLIGENCE

SETTLEMENT

A settlement on behalf of the family of an elderly man who died as a result of being neglected and uncared for by a nursing home.

TESTIMONIALS

I met Dan when I was in therapy and he came and right away it felt like a family member visiting you, a connection, like a brother. He’s been on both sides of the fence. He’s represented the hospitals and the doctors, and then he jumped over to the other side. It is a fantastic group, it was like Bell Belichick leading the team. They changed my life and still check on me. I recommend FHV to anybody and they thank me.

LARRY

I met Dan about a year ago. He never made me feel that it was about the money. When he spoke with me he was asking how Bill (my brother) was and if he was doing better. He made me feel like family and always asked if I was alright. That means a lot. Everyday is something new and I challenge for my brother. I would recommend [FHV] to everybody because I really believe that they’re helping from their hearts… from a really good place.

BILL

For anyone to represent anyone for 5 years and take the time to do it, not once just “get it out of the way” and “get it done with”. It was about what was best for Hunter and our family. It was about the case and the people.

ASHLEY