When a child develops cerebral palsy (CP) after complications during pregnancy, labor, delivery, or the newborn period, an important question is whether something in the medical care caused or contributed to the injury.
You may be able to bring a medical malpractice claim against a doctor, hospital, or other healthcare provider if negligent medical care caused a brain injury that resulted in your child’s cerebral palsy. A cerebral palsy diagnosis alone, however, does not establish that medical malpractice occurred.
Who may be responsible depends on the care provided, the healthcare provider, and the law of the state governing the claim.
What must generally be proven in a cerebral palsy malpractice case?
Medical malpractice is a form of professional negligence. Although state laws differ, malpractice claims generally require evidence establishing several basic elements.
Cornell Law School’s Legal Information Institute describes the basic elements of negligence as a legal duty, breach of that duty, factual and proximate causation, and compensable harm.
In a cerebral palsy case, those concepts can be understood as follows:
- Duty: A healthcare provider owed the patient a professional duty of care.
- Breach: The provider’s care fell below the applicable standard of care.
- Causation: The departure from the applicable standard of care caused the injury underlying the claim, as required under the applicable legal standard.
- Damages: The injury resulted in compensable losses.
Causation can be one of the most medically complicated parts of a cerebral palsy claim because CP has multiple possible causes.
When might a doctor be liable?
An obstetrician or another physician may potentially face liability when their care falls below the applicable standard and the departure causes an injury.
Depending on the circumstances, an investigation might examine allegations involving:
- Failure to respond appropriately to signs of fetal compromise
- An unreasonable delay in ordering a medically indicated C-section
- Failure to appropriately diagnose or manage a maternal complication
- Failure to appropriately treat an infection
- Improper management of an obstetric emergency
The fact that a complication occurred does not mean the physician was negligent. Some complications can develop even when appropriate medical care is provided.
A review may therefore focus on whether the physician’s decisions and actions met the applicable standard of care under the circumstances and whether any departure from that standard caused the child’s injury.
Can nurses be responsible for a birth injury?
Labor and delivery nurses may be responsible for fetal and maternal monitoring, documenting changes, carrying out medical orders, exercising the chain of command, and communicating concerns to physicians. A potential claim may examine whether a nurse recognized concerning information, followed appropriate procedures, notified the physician when required, exercised the chain of command, and accurately documented the care provided.
Can a hospital be sued?
A hospital may be involved in a claim based on the conduct of its employees or, depending on the circumstances and applicable state law, its own acts or omissions. Potential issues may include staffing, policies, communication systems, equipment, credentialing, or other institutional practices.
Hospitals and physicians also do not always have the same legal relationship. Some doctors may be hospital employees, while others may practice under different arrangements. Identifying the proper defendants therefore requires determining who provided the relevant care and understanding the legal relationships among the parties.
What if several providers were involved?
Labor and delivery often involve an entire clinical team. Depending on the birth, that team might include obstetricians, nurses, midwives, anesthesiology professionals, neonatologists, maternal-fetal medicine specialists, and other clinicians.
A cerebral palsy investigation should not assume responsibility belongs to one person simply because they delivered the baby. Attorneys may need to determine which provider was responsible for particular aspects of care, what information was available to each provider, and what actions or decisions followed.
Medical records and electronic documentation can help establish each provider’s role and the sequence of events.
Does a delayed C-section automatically create a lawsuit?
No. A C-section may be performed urgently for many reasons, and an emergency delivery itself does not establish negligence. A potential claim may arise if the circumstances called for earlier intervention, the delay represented a departure from the applicable standard of care, and the delay caused the child’s injury.
For example, experts might examine fetal monitoring, labor progression, physician communications, the reason for surgery, and the baby’s condition after birth.
Our C-section injury page provides additional information about delayed emergency delivery and other C-section-related issues.
What if my child suffered oxygen deprivation?
Oxygen deprivation can be medically significant, but it does not by itself establish that someone was negligent. The circumstances surrounding the oxygen or blood-flow problem are important. Some emergencies can develop rapidly even with appropriate monitoring and treatment. In other circumstances, medical evidence may show that warning signs were present and an opportunity to intervene was missed.
Experts may therefore ask:
- What interfered with oxygen or blood flow?
- When did the problem begin?
- Were there recognizable warning signs?
- What actions were taken after those signs appeared?
- Was earlier intervention medically indicated?
- Does the child’s injury pattern fit the proposed sequence of events?
In a cerebral palsy case, these questions can help determine whether an oxygen or blood-flow problem occurred, when it occurred, whether it was potentially preventable, and whether the medical evidence supports a connection to the child’s neurological injury.
Who decides whether the standard of care was breached?
Medical malpractice cases commonly rely on expert analysis because deciding whether care met the applicable medical standard requires specialized knowledge. Expert witnesses may explain the standard of care, interpret medical evidence, and offer opinions about causation.
The types of experts involved can vary by jurisdiction and the medical issues involved. In a cerebral palsy case, experts might include obstetricians, neonatologists, pediatric neurologists, radiologists, maternal-fetal medicine specialists, nurses, or other medical professionals.
Can I sue simply because my child has lifelong disabilities?
A child’s disabilities alone do not establish that medical negligence caused them. A malpractice claim must connect the child’s injury to a healthcare provider’s breach of the applicable standard of care.
Cerebral palsy can have causes unrelated to medical malpractice, so evaluating a potential claim requires considering the circumstances surrounding the child’s injury and the available medical evidence. A diagnosis or lifelong disability, by itself, cannot establish who was legally responsible.
How do I find out whether I have a case?
Finding out whether medical malpractice may have played a role in your child’s cerebral palsy starts with understanding what happened before, during, and after the birth. Our cerebral palsy lawyers can help assess whether the available evidence supports further investigation and who, if anyone, may bear legal responsibility.
Because filing deadlines differ significantly among states, families with concerns should not assume they have until their child reaches adulthood to investigate. Get in touch with our firm for a consultation.
Clients are not responsible for legal fees or expenses unless a financial recovery is obtained.
