Understanding Cerebral Palsy: What Every Parent Needs to Know About This Condition

Let’s start with the basics. Cerebral Palsy (CP) is a group of disorders that affect a person’s ability to move and keep balance and posture. “Cerebral” means it has to do with the brain, and “palsy” means weakness or problems with using muscles. It’s caused by abnormal brain development or damage to the developing brain, usually before birth, during birth, or early in life.

Think of it like this: your brain is the boss of your body’s movements. It sends messages to your muscles. With CP, there’s a problem with the brain’s “wiring” or “control center” that sends those messages. So, muscles might be stiff, floppy, or move in jerky ways, making it hard to walk, talk, or even pick up a toy.

How common is Cerebral Palsy? It’s actually the most common motor (movement) disability in childhood. About 1 in every 345 children in the United States has Cerebral Palsy. (Source: CDC, 2024). That’s a lot of families dealing with this condition every day.

What Exactly Causes Cerebral Palsy and Brain Damage?

This is where things get really important, especially for our work at Child & Birth Injury Lawyers. Brain damage or abnormal development that causes Cerebral Palsy can happen for many reasons, some we can’t control, but sadly, some are preventable.

Here are some common causes:

Lack of Oxygen (Hypoxia or Asphyxia): This is one of the most serious causes of Cerebral Palsy. If a baby’s brain doesn’t get enough oxygen during pregnancy, labor, or delivery, brain cells can die. This can happen if the umbilical cord gets squeezed, if the placenta has problems, or if the mother has severe blood pressure issues that aren’t managed well.
Infections: Infections in the mother during pregnancy (like rubella or toxoplasmosis) or severe infections in the baby after birth (like meningitis or sepsis) can damage the developing brain.
Severe Jaundice (Kernicterus): Jaundice is common in newborns, but if it gets very severe and isn’t treated properly, high levels of a substance called bilirubin can get into the brain and cause permanent damage, leading to CP.
Bleeding in the Brain (Hemorrhage): Sometimes, a baby can have a stroke or bleeding in the brain due to blood vessel problems or trauma during birth. This bleeding can damage brain tissue.
Head Trauma: While less common during a “normal” birth, excessive force during delivery (like improper use of tools like forceps or vacuum extractors) can cause head trauma leading to brain injury.

Can Medical Errors Actually Cause Cerebral Palsy?

This is the part that’s often the hardest for parents to hear, but it’s one of the reasons our firm exists. While some cases of Cerebral Palsy are due to unavoidable genetic factors or very early brain development problems, many are preventable. They happen because of medical errors or negligence during pregnancy, labor, or delivery. Even the best doctors make mistakes.

Did you know that studies suggest a shocking up to 70% of birth injuries could actually be avoided with proper care and attention during childbirth? This percentage includes many cases where the brain damage leading to CP could have been prevented. That’s a stat very few people are talking about directly, and it drives home the injustice.

The average payout for a birth injury lawsuit, which often includes Cerebral Palsy cases, can be over millions of dollars. This large sum isn't about "getting rich"; it's about covering the immense, lifelong costs of care for a child with CP.

Here are some examples of medical negligence that can lead to Cerebral Palsy:

Failure to Monitor Fetal Distress: The baby's heart rate monitor should be watched very carefully during labor. If a doctor or nurse misses signs that the baby isn't getting enough oxygen, or ignores alarms, and doesn't act quickly (like performing an emergency C-section), it can lead to brain damage.

Delayed C-Section: Sometimes, a baby needs to be delivered quickly, like if they're in distress or the labor isn't moving forward safely. If a C-section is delayed when it should have been done, the baby might suffer oxygen deprivation.

Improper Use of Delivery Tools: Forceps or vacuum extractors can be helpful tools in delivery, but if used improperly or with too much force, they can cause head trauma or brain bleeds.

Mismanaging Infections: If a doctor misses a serious infection in the mother during pregnancy, or doesn't treat a newborn's infection (like sepsis or meningitis) quickly and correctly, the infection can spread and damage the baby's brain.

Failing to Treat Severe Jaundice: If a newborn has very high levels of jaundice, and doctors or nurses don't monitor it properly or give the right treatment (like phototherapy or a blood transfusion) in time, it can lead to kernicterus, a type of brain damage that causes Cerebral Palsy.

What Are the Long-Term Impacts and Costs of Cerebral Palsy?

Living with Cerebral Palsy means facing challenges every single day, not just for the child, but for the whole family. The impact isn’t just physical; it’s emotional, educational, and financially immense.

Financial Mountain: The lifetime cost of caring for a child with severe Cerebral Palsy can easily reach or even exceed millions of dollars. (Source: United Cerebral Palsy, CDC, 2023). This includes ongoing medical treatments, multiple specialized therapies (physical, occupational, speech), expensive adaptive equipment (wheelchairs, braces), accessible housing modifications, special education needs, and often, lifelong caregiving. It’s a financial burden no family should have to climb alone, especially when the injury was preventable.
Emotional Toll: Beyond the money, there’s the heartbreaking emotional toll. Parents often struggle with guilt, anger, frustration, and deep sadness. The dream of a perfectly healthy baby can be shattered, replaced by anxieties and a new reality that requires incredible strength. This emotional burden is real, and it’s a profound part of what families endure.

What Signs of Cerebral Palsy Should Parents Watch For?

It’s absolutely crucial for parents to be aware of potential signs of Cerebral Palsy or related birth injuries, even if you’re hoping for the best. Sometimes, these signs aren’t immediately obvious, or they might seem subtle at first. Trust your instincts. If something feels off, speak up. Early recognition can sometimes make a difference in your child’s future care.

Here are some important signs to be aware of in babies and young children that might indicate Cerebral Palsy or another neurological issue:

Delays in Milestones: This is a big one. Not reaching milestones like holding their head up, rolling over, sitting, crawling, or walking at the typical age.

Abnormal Muscle Tone: Your baby might be either too floppy (like a rag doll) or too stiff when you hold them. Their movements might seem unusual or jerky.

Trouble with Movement/Balance: Difficulty with coordination, problems with balance, or favoring one side of the body.

Unusual Reflexes: Newborns have certain natural reflexes. If these seem to stick around too long or are uneven, it could be a sign.

Feeding Difficulties: Trouble sucking, swallowing, or an inability to latch properly for feeding can sometimes indicate a problem.

Seizures: Any unusual twitching, jerking movements, or staring spells should be taken very seriously.

If you notice any of these signs, please talk to your pediatrician immediately. Getting a diagnosis and starting therapies as early as possible is always the best path for your child.

What Parents Want To Know

How Much Does It Cost to Hire a Cerebral Palsy Lawyer for My Child?

One of the first questions parents ask us is, “How much does this cost?” We understand — when you’re already facing overwhelming medical bills and life changes, the idea of hiring a lawyer might feel like something you can’t afford. But here’s the good news: you can.

At Child & Birth Injury Lawyers, we work on a contingency fee basis. That means you pay absolutely nothing upfront. You won’t be charged hourly rates, retainer fees, or consultation costs. In fact, you only pay us if we win your case — either through a settlement or a court verdict. If we don’t recover compensation for your child, you owe us nothing.

We take on all the financial risk so you can focus on your child’s care and your family’s well-being. This includes covering the cost of medical expert reviews, legal filings, and the extensive investigation these cases require.

In short: hiring a top cerebral palsy lawyer should never be a financial burden to your family. We’re here to stand by your side, provide clarity and answers, and fight for the resources your child will need now and in the future — all without adding to your stress or expenses.

NATIONALLY RECOGNIZED

Jeffrey Killino has appeared on local and national news programs as an advocate for the injured.

Fill out and submit the form below for a confidential doctor/lawyer review:

"*" indicates required fields

Step 1 of 2

How long was your baby in the NICU?*

How many weeks was your baby at birth?*

What year was your baby born?*

What state was your baby born in?*

SELECT ALL THAT APPLY TO YOUR BABY:*

Brain MRI

Cerebral Palsy

Cooling

HIE

Hypoxia

Neurology Care

Seizures

Unsure

None

Common Questions

What exactly is Cerebral Palsy?

Cerebral Palsy (CP) is a group of disorders affecting movement, balance, and posture. It’s caused by damage or abnormal development in the brain, usually before, during, or shortly after birth. This damage affects the brain’s ability to control muscles, leading to issues like stiff muscles, uncontrolled movements, or problems with coordination. It’s the most common motor disability in childhood, affecting about 1 in 345 children.

Can medical mistakes during birth cause Cerebral Palsy?

Yes, sadly, many cases of Cerebral Palsy are preventable. Up to 70% of birth injuries, including some leading to CP, could be avoided with proper medical care. Negligence such as a doctor failing to monitor a baby’s oxygen levels, delaying a necessary C-section, misusing delivery tools, or mismanaging infections or severe jaundice can cause the brain damage that results in CP.

How do I know if my child's Cerebral Palsy was caused by a birth injury?

Determining if CP was caused by a birth injury requires a thorough review of your medical records. Our attorneys work with medical experts to look for signs of oxygen deprivation, infection mismanagement, trauma during labor and delivery or other malpractice. We investigate if medical professionals failed to meet the accepted standard of care, leading to your child’s brain damage.

What kind of medical errors typically lead to Cerebral Palsy?

Common errors include:

Failure to monitor fetal distress: Missing signs a baby isn’t getting enough oxygen.
Delayed C-section: Not performing an emergency delivery quickly enough.
Improper use of tools: Misuse of forceps or vacuum extractors causing head trauma.
Mismanaging newborn infections: Failing to quickly treat conditions like sepsis or meningitis.
Untreated severe jaundice: High bilirubin levels causing brain damage (kernicterus).

What compensation can my child receive for a birth injury leading to Cerebral Palsy?

Compensation aims to cover your child’s lifelong needs. This includes past and future medical treatments, specialized therapies (physical, occupational, speech), adaptive equipment (like wheelchairs), home modifications, special education, and lifelong caregiving costs. It can also cover pain, suffering, and lost future earning potential for your child. The average payout in these cases can be millions of dollars.

How much does it cost to hire an attorney for a Cerebral Palsy case?

Most reputable birth injury law firms, including ours, work on a contingency fee basis. This means you don’t pay any upfront legal fees. We only get paid if we win your case through a settlement or a verdict. Our fees are a percentage of the compensation we secure for your family, so there’s no financial risk to you for pursuing justice.

How long does a Cerebral Palsy birth injury lawsuit usually take?

These cases are incredibly complex and can take significant time to resolve. Due to extensive medical record review, expert witness consultations, discovery processes, and potential appeals, a Cerebral Palsy birth injury lawsuit can often take several years to reach a conclusion, whether through settlement or trial. Patience and persistent legal advocacy are crucial.

What is the "statute of limitations" for a birth injury case in my state?

The statute of limitations is a strict legal deadline for filing a lawsuit. It varies by state and can be complex, especially for minors. It’s vital to consult an attorney immediately to avoid missing crucial deadlines.

Will filing a lawsuit mean a long, stressful trial?

Not necessarily. While we prepare every case as if it’s going to trial, many Cerebral Palsy birth injury cases are resolved through settlements outside of court. This can happen through negotiations or mediation. Our goal is always to achieve the best outcome for your family, whether that’s through a fair settlement or aggressive courtroom litigation.

My child has Cerebral Palsy, but they had a good Apgar score. Could it still be a birth injury?

Yes, absolutely. A good Apgar score measures a newborn’s immediate health and vitality right after birth, but it does not rule out brain injuries sustained during labor or delivery. The Apgar score is one subjective test, as lawyers we look at a multitude of other data, both subjective and objective to determine the cause of CP. Subtle oxygen deprivation or trauma can occur that isn’t immediately evident in the Apgar score but manifests later as Cerebral Palsy. A thorough medical review is still essential.