Cerebral Palsy Caused by Birth Injury: Is the Hospital Liable in New York?

Bringing a child into the world should be a joyful experience. When medical mistakes during pregnancy, labor, or delivery lead to a diagnosis of cerebral palsy, families are often left with overwhelming emotional, physical, and financial challenges. Many parents have the same difficult question: could this have been prevented?

While not every case of cerebral palsy is caused by medical negligence, some cases are directly linked to preventable birth injuries. Hospitals can be held liable for cerebral palsy caused by birth injuries if their employees or their own negligence caused the injury. Our New York birth injury lawyers can analyze your case and help you get justice for your child.

At the Law Offices of Thomas L. Gallivan, we understand how devastating a birth injury can be for a family. If you believe your child’s cerebral palsy resulted from medical malpractice, you may be able to file a lawsuit against the at-fault provider and the hospital. Reach out to our law firm today to schedule a free consultation with a New York medical malpractice attorney.

What Is Cerebral Palsy?

Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, balance, and coordination. This condition occurs because of damage to the developing brain. This damage can occur before birth, during labor and delivery, or shortly after birth.

Cerebral palsy is considered a lifelong condition. Although treatment can improve a child’s abilities and quality of life, there is currently no cure.

The symptoms of CP can vary widely from person to person. They may include:

• Muscle stiffness or weakness
• Poor coordination
• Difficulty walking
• Delayed developmental milestones
• Speech difficulties
• Swallowing problems
• Seizures
• Vision or hearing impairments
• Intellectual disabilities

Some children with CP experience relatively mild symptoms, while others may require around-the-clock care throughout their lives. For any new parents, a cerebral palsy diagnosis can be difficult.  Finding the right support and treatment can go a long way towards helping your child live their fullest possible life.

Is Cerebral Palsy Always Caused By Medical Negligence?

There are many different potential causes of cerebral palsy. It can develop due to genetic conditions, developmental abnormalities, premature birth, or factors that medical providers could not have prevented.

However, some children develop cerebral palsy because medical professionals failed to recognize or properly respond to complications during pregnancy or childbirth. When preventable mistakes cause brain damage that leads to CP, the hospital, physicians, nurses, or other healthcare providers may be legally liable for medical malpractice.

The key legal issue in a medical malpractice claim is not whether a child has a cerebral palsy diagnosis. It is whether healthcare providers failed to provide care that met accepted medical standards, and if that failure caused the child’s cerebral palsy.

How Birth Injuries Can Cause Cerebral Palsy

The developing brain is highly sensitive to injury. Even a brief interruption in oxygen or blood flow can permanently damage brain tissue. Some of the most common preventable birth injuries associated with cerebral palsy include:

1. Oxygen Deprivation (Hypoxic-Ischemic Encephalopathy): One of the leading causes of birth injury-related cerebral palsy is oxygen deprivation. Medical professionals must carefully monitor both mother and baby during labor. If the baby shows signs of fetal distress, prompt action may prevent permanent brain injury. Oxygen deprivation may result from:
   • Umbilical cord compression
   • Placental abruption
   • Uterine rupture
   • Prolonged labor

When medical providers delay intervention, permanent brain damage can occur within minutes.

2. Delayed Emergency Cesarean Section: Sometimes labor becomes dangerous for either the mother or baby. An emergency C-section may become necessary when:
   • The baby’s heart rate drops significantly
   • Labor stops progressing
   • The umbilical cord prolapses
   • The placenta separates prematurely
   • The baby is in distress

If doctors fail to recognize these emergencies or wait too long to perform a C-section, oxygen deprivation can result.

3. Improper Use of Forceps or Vacuum Extractors: Assisted delivery tools can be used safely when medically appropriate. However, improper use may cause:
   • Brain bleeding
   • Skull fractures
   • Nerve damage
   • Traumatic brain injury

In some cases, these injuries may increase the risk of cerebral palsy.

4. Failure to Treat Maternal Infections: Certain untreated infections during pregnancy or labor may lead to brain damage in newborns. Examples include:
   • Group B Streptococcus (GBS)
   • Chorioamnionitis
   • Meningitis
   • Sepsis

Healthcare providers are expected to identify risk factors and administer appropriate treatment.

5. Failure to Monitor Fetal Distress: Electronic fetal monitoring is designed to detect signs that a baby is not receiving enough oxygen. Doctors and nurses should promptly respond to:
   • Abnormal heart rate patterns
   • Reduced oxygen levels
   • Signs of placental problems
   • Labor complications

Ignoring warning signs can allow preventable brain injuries to occur.

When Is a Hospital Liable for a Cerebral Palsy Birth Injury?

Hospitals are not automatically responsible whenever a child develops cerebral palsy. As discussed above, it is possible for a child to have cerebral palsy that was not caused by a birth injury. A hospital may be liable for a cerebral palsy diagnosis if either its own negligence or the negligence of its employees caused the birth injury.

To establish a successful birth injury claim, you must establish the following elements:

1. A Duty of Care Existed: Hospitals and medical professionals owe patients a legal duty to provide competent medical treatment consistent with accepted standards.
2. The Standard of Care Was Violated:  If the hospital or healthcare providers failed to meet the standard of care for the profession, they could be liable. Examples of failing to meet the standard of care may include:
   • Ignoring abnormal fetal monitoring strips
   • Delaying emergency intervention
   • Failing to diagnose complications
   • Administering incorrect medications
   • Poor communication among medical staff
   • Inadequate monitoring during labor

Medical experts often review records to determine whether providers acted appropriately.

3. The Negligence Caused the Injury: Perhaps the most challenging part of a cerebral palsy case is proving causation. You must prove that the negligence caused the brain damage that directly resulted in your child’s cerebral palsy diagnosis. This often requires testimony from obstetricians, neurologists, neonatologists, and other specialists.

4. The Child Suffered Damages: A family must show the losses caused by the injury. This often includes substantial lifetime expenses for a child’s care, along with other losses such as permanent disability.

In New York, a hospital can be liable for the negligence of its employees acting within the scope of their employment. This is known as vicarious liability.

A hospital can be vicariously liable for the negligent actions of employees, including:

• Labor and delivery nurses
• Staff physicians
• Residents
• Technicians
• Other hospital personnel

Determining who is legally responsible often requires a detailed investigation into the care provided before, during, and immediately after delivery. 

A hospital can also be liable for its own negligence. In other words, if a hospital failed to meet the duty of care and that violation ultimately led to a cerebral palsy diagnosis, it could be held directly responsible. Examples of hospital negligence include:

• Understaffing
• Lack of quality control
• Poor management
• Lack of communication between departments
• Insufficient infection control

What Compensation May Be Available in a Cerebral Palsy Case?

Children with cerebral palsy often require extensive medical care throughout their lives. A successful birth injury claim may allow a family to recover financial compensation for both their current and future losses.

Damages in a cerebral palsy birth injury case may include money for:

• Medical expenses, such as hospital care, surgeries, specialist appointments, prescription medications, and diagnostic testing
• Rehabilitation therapy, such as physical therapy, occupational therapy, speech therapy, and behavioral therapy
• Assistive devices, including wheelchairs, walkers, communication devices, orthotics, and adaptive equipment
• Home and vehicle modifications, such as wheelchair ramps, accessible bathrooms, specialized vans, and stair lifts
• Future medical care
• Lost future earnings, if cerebral palsy limits the child’s ability to work as an adult
• Pain and suffering, including physical pain, emotional suffering, and reduced quality of life resulting from the injury

How a New York Birth Injury Lawyer Can Help

Medical malpractice claims are incredibly complex and technical. In New York, you must file what is known as a Certificate of Merit alongside a medical malpractice lawsuit. This verifies that a qualified medical expert has reviewed your case and confirmed that there is a reasonable basis for the claim.

This requirement means that you cannot file a birth injury lawsuit (or any type of medical malpractice case) unless and until a licensed physician with relevant experience has reviewed your case and determined that there was medical negligence. This can be a high bar to clear. 

An experienced New York medical malpractice attorney will investigate the facts of your case, gathering medical records and other evidence to support your claim. They will also consult with medical experts to determine if you potentially have a case against a doctor, hospital, or other healthcare provider for medical malpractice. 

A lawyer can also handle all communications with the doctor, hospital, and their insurance companies. The defendants in medical malpractice cases are typically covered by malpractice insurance. These large corporations have their own teams of lawyers and adjusters, so the best way to level the playing field is by having your own attorney who can take on these big companies for you.

Ultimately, having a lawyer allows you to focus on your child and their needs while they fight for you. Studies show that people who are represented by lawyers in personal injury cases recover significantly more money than people who represent themselves. If your child has cerebral palsy from a birth injury, you can help to protect their future by working with a seasoned New York birth injury lawyer.

How Our Law Firm Can Help

Learning that your child has cerebral palsy can be devastating, particularly if the condition was caused by a preventable birth injury. While money won’t make your child whole again, it can help you provide them with the support that they need to live their best possible life. We can work with you to help you achieve the best possible outcome for your birth injury claim.

At the Law Offices of Thomas L. Gallivan, we are dedicated to fighting for the rights of medical malpractice victims throughout New York. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. To learn more, call us at 914-220-1086 or fill out our online contact form to schedule a free consultation with a New York medical malpractice attorney.