Families usually reach this page after a diagnosis, when the questions are practical: what caused this, could it have been prevented, and how will we pay for the care our child needs for the rest of their life.
Cerebral palsy claims are medical malpractice claims. They succeed only where the record shows that the care fell below the standard and that the failure caused the brain injury. We look at both questions honestly, and we tell families when the answer is no.
What cerebral palsy is
Cerebral palsy is a group of conditions that affect movement, muscle tone and posture, caused by injury to the developing brain. It does not get worse over time, though its effects change as a child grows and the medical needs continue for life.
Doctors generally describe it by how it affects movement:
- Spastic cerebral palsy, the most common form, involving stiff muscles and difficulty with movement
- Dyskinetic cerebral palsy, involving involuntary movements that can be slow and twisting or rapid and jerky
- Ataxic cerebral palsy, involving balance and coordination
- Mixed presentations, where features of more than one type appear together
A diagnosis often comes well after birth, when a child misses milestones such as rolling over, sitting or walking, or shows unusual stiffness or floppiness. A later diagnosis does not mean a claim is too late.
When cerebral palsy is caused by malpractice
Many cases of cerebral palsy have causes no one could have prevented, including genetic conditions, infections in pregnancy and complications of very early prematurity. Some do trace to care during labor and delivery. The failures we investigate include:
- Fetal heart monitoring that showed distress with no timely response
- A cesarean section that was needed and delayed
- Excessive or repeated use of vacuum or forceps
- Untreated maternal infection, preeclampsia or placental problems
- A cord prolapse or uterine rupture that was not recognized quickly
- Newborn jaundice left untested and untreated until it caused kernicterus
- A newborn showing signs of oxygen deprivation who was not evaluated for cooling therapy within the window when it can help
How a cerebral palsy claim is proven
These claims are decided on records and medical review, not on how the delivery felt at the time.
- The hospital record. Monitoring strips, nursing notes, orders and timestamps show what the team saw and when they acted.
- Imaging and newborn testing. MRI findings, cord blood gases and Apgar scores help establish when the injury happened, which is often the central dispute.
- Physician review and the certificate. Maryland requires a qualifying medical professional to certify that the care departed from the standard and caused the injury before the claim proceeds.
- Life care planning. Specialists project the therapy, equipment, medication, surgery, home modifications and attendant care your child will need over a lifetime.
Timing is where these cases are won or lost. The defense usually argues the injury happened before labor began, and the records are what answer that.
The lifetime cost of cerebral palsy care
A serious cerebral palsy claim is built around what care actually costs over decades:
- Physical, occupational and speech therapy
- Orthopedic surgery, botulinum injections and other treatments
- Wheelchairs, braces, communication devices and their replacement over time
- Home and vehicle modifications
- In-home nursing or attendant care
- Special education support and lost earning capacity in adulthood
Maryland caps non-economic damages in medical malpractice cases, and that cap is adjusted annually. It does not cap the documented cost of care and lost earning capacity, which in a lifetime-care case is usually the larger part of the claim. Past results in other cases do not predict the outcome of yours.
Deadlines for a Maryland cerebral palsy claim
Cerebral palsy claims follow Maryland's medical malpractice deadlines, generally five years from the injury or three years from discovery, whichever comes first. Claims brought on behalf of a child follow their own rules, which can extend the time available.
Because a diagnosis often comes a year or more after birth, families frequently assume too much time has passed. Ask us to check the dates before you decide that.
