Is Cerebral Palsy Caused by Negligence?

Cerebral palsy is a group of neurological disorders that affects movement, balance, posture, and coordination. While some cases of cerebral palsy occur due to natural or unavoidable causes, others may result from medical negligence during pregnancy, labor, or delivery.

In these cases—where cerebral palsy is caused by error, oversight, or negligence—impacted children and their caregivers are entitled to hold the responsible parties to full account and seek compensation for the lifetime of expenses and struggles the condition may cause. Having an experienced and proven Arizona cerebral palsy birth injury lawyer on your side can help to ensure your family is provided the compensation necessary to meet these challenges.

What Is Cerebral Palsy?

Cerebral palsy is a disorder of the nervous system, which includes the brain and spinal cord. It arises from abnormal brain development or damage to the brain before, during, or shortly after birth. It is the most common neurological disability in childhood. According to the CDC, it impacts one out of every 345 children in the United States.

Symptoms of cerebral palsy may include:

• Muscle-Related Issues: Stiffness, spasticity, and weakness
• Delayed Milestones: Delays in sitting, crawling, walking, etc.
• Coordination Difficulties: Impaired balance and unsteady movements

Some children with cerebral palsy also experience issues with language development, swallowing, vision, and hearing. Cerebral palsy may also increase the risk of learning disabilities, including perceptual challenges and difficulties with motor planning.

Parents may notice signs of cerebral palsy in their children during infancy due to symptoms including head control issues and abnormal muscle tone. However, a formal diagnosis of cerebral palsy may be delayed until the child is two or three years old, the point at which developmental delays often become more apparent.

If you suspect your child developed cerebral palsy due to medical negligence, discussing your options with an experienced Phoenix birth injury lawyer can help you understand your rights, find needed resources, and seek the compensation your child will need to live the best life possible.

Contact a Cerebral Palsy Birth Injury Lawyer Today

If your child has been diagnosed with cerebral palsy and you believe medical negligence during pregnancy, labor, or delivery played a role, Burg Simpson is here to help. Our Phoenix birth injury attorneys have decades of experience holding negligent doctors, nurses, and hospitals accountable for the injuries they cause. We will fight for your family to help secure every penny you are due.

Call our Phoenix office at 602-777-7000 to schedule a FREE consultation today. Our cerebral palsy birth injury lawyers fight for families in Tucson, Tempe, Flagstaff, and throughout Arizona.

What Causes Cerebral Palsy?

Cerebral palsy can result from many factors before or during birth. In some cases, these factors include preventable medical errors or other forms of negligence. However, the majority of cerebral palsy cases (85-90%) are congenital.

Common Causes of Cerebral Palsy

• Premature Birth
  Premature infants often have underdeveloped organs, making their brains more vulnerable to injury. Babies born before 37 weeks are at a higher risk for cerebral palsy.
• Oxygen Deprivation (Hypoxia)
  A lack of oxygen to the baby’s brain during labor or delivery is a leading cause of preventable cerebral palsy. This may occur due to complications such as:
  • Prolonged or obstructed labor
  • Placental abruption
  • Negligent monitoring
  • Failure to respond to fetal distress
• Infections During Pregnancy
  Maternal infections that go untreated or undetected can cross the placenta and harm the baby’s brain. Examples include:
  • Rubella
  • Cytomegalovirus
  • Toxoplasmosis
  • Zika virus
• Genetic Mutations
  Cerebral palsy may result from genetic abnormalities that affect brain development. These mutations may occur spontaneously or be inherited.
• Trauma
  Severe head injuries may lead to cerebral palsy. These may happen:
  • During childbirth due to improper use of tools
  • After birth from falls or accidents

While many of the causes of cerebral palsy may be unavoidable, medical negligence, such as failure to monitor fetal health and distress, delayed action during labor complications, or inadequate screening and treatment of maternal conditions, can all increase risks.

If you suspect medical negligence contributed to your child’s cerebral palsy, the Arizona birth injury lawyers at Burg Simpson are here to listen to your story. During your obligation- and cost-free consultation, we will work to understand your situation, provide an overview of your options, and help you determine the best way to seek the support and compensation your child is entitled to.

Negligent Prenatal Care as a Risk for Cerebral Palsy

Some cases of cerebral palsy are a result of negligent medical care during labor and delivery. The care a mother receives while pregnant can also play a role. Prenatal care negligence may include:

• Failure to Detect and Treat Maternal Infection. Certain infections, including STIs, herpes simplex virus, chickenpox, and even urinary tract infections can cause harm to a baby’s developing brain. There are a host of tests medical professionals should provide to expecting mothers to detect and treat these conditions. Failure to perform tests or offer adequate treatment is a form of medical malpractice.
• Inadequate Monitoring of Maternal Health. Conditions like preeclampsia, gestational diabetes, thyroid problems, and Crohn’s disease can all increase the likelihood of complications that can lead to cerebral palsy. As with failure to detect and treat infections, inadequate monitoring or treatment of health conditions is a form of medical malpractice.
• Medication Errors. Some medications are known to harm fetuses. Knowingly prescribing a medication that could harm a developing fetus or failing to adjust medications for a pregnant patient can contribute to neurological damage to the baby. Administering the wrong medication, failing to warn about side effects, and prescribing dangerous medications can all be forms of medical malpractice.
• Improper Management of High-Risk Pregnancies. Some pregnancies—due to factors such as maternal age, multiple births, or existing health conditions—are inherently higher risk. Healthcare professionals must help patients properly manage these conditions to help reduce the risk of birth injury. Failure to do so may be a form of medical malpractice.
• Failure to Recognize Fetal Distress. Ignoring signs of reduced fetal movement or abnormal fetal heart rate during prenatal visits can delay interventions that might prevent harm. Delaying treatment is a form of medical malpractice.

When prenatal care fails to meet the accepted standard of care, consequences may include premature birth, hypoxia, and brain damage—all of which are risk factors for cerebral palsy. If you suspect negligent prenatal care contributed to your child’s condition, the Phoenix cerebral palsy birth injury lawyers at Burg Simpson can investigate your claim, identify all instances of negligence, and help you pursue the compensation your family deserves.

Compensation You May Be Entitled To

When cerebral palsy is caused by medical negligence, families may be entitled to seek compensation for:

• Medical expenses, including surgeries, therapy, and long-term care
• Home modifications required to accommodate mobility challenges
• Adaptive technologies, including wheelchairs, hearing aids, and communication devices
• Special schooling and in-home care services
• Wages lost by parents forced to reduce hours or stop working to care for a child
• Pain and suffering caused by the emotional toll of the condition

Families of children with cerebral palsy caused by negligence should never be forced to cover the expense of care or the cost of providing their child with the best services available.

At Burg Simpson, our Arizona cerebral palsy birth injury lawyers believe that children and their families deserve full compensation for the damages caused by medical professionals. We can review your current expenses and project future costs to establish how much your case is worth and what your family may be owed for both your economic and non-economic damages.

When Cerebral Palsy Is Caused by Negligence, Burg Simpson Is on Your Side

Burg Simpson is here to support you, your child, and your family. With close to five decades of experience handling birth injury claims, we understand the profound impact a cerebral palsy diagnosis can have on every aspect of your life. We are dedicated to helping you obtain necessary services, access resources, and seek the justice and accountability your family is owed.

Our team of experienced attorneys work tirelessly to uncover the truth. We leverage medical records, expert testimony, and advanced legal strategies to build evidence-backed and compelling cases. Whether through negotiation or trial representation, our goal is to secure the compensation your family will need to help ensure the brightest future for your child.

An award-winning law firm with a proven history of results, we pride ourselves on treating every client with compassion and respect. Tireless advocates for injured children and their families, you can count on us to guide you through this challenging time with the care and personal attention your claim deserves.

Contact a Phoenix Cerebral Palsy Birth Injury Lawyer for FREE

Is cerebral palsy caused by negligence? Sometimes, yes. If you believe your child’s cerebral palsy was the result of medical malpractice, contact Burg Simpson online or call our Phoenix office today to schedule your FREE and confidential case review. Our cerebral palsy birth injury lawyers fight for injured children and their families in Scottsdale, Chandler, Prescott, and throughout Arizona.