ClickCease

Can Hospitals Be Liable for Cerebral Palsy?

Can Hospitals Be Liable for Cerebral Palsy

Last Updated on January 13, 2025 by Michelle Wan

Cerebral palsy (CP) is a neurological disorder caused by brain damage or abnormal brain development, often occurring before, during, or shortly after birth. For many families, the diagnosis of cerebral palsy raises difficult questions about what went wrong during childbirth and whether it could have been prevented. One of the most pressing concerns is whether can hospitals be liable for Cerebral Palsy in this situation.

In this article, we’ll explore how hospitals may bear legal responsibility for cerebral palsy cases, the common types of negligence that can lead to CP, and how families can seek justice and compensation when medical errors are involved.

What Is Cerebral Palsy?

Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture. It results from brain damage or interruptions in brain development, often caused by a lack of oxygen (hypoxia) or trauma during critical periods. The severity of CP varies, ranging from mild motor impairments to severe disabilities that affect multiple aspects of a child’s life.

Common Causes of Cerebral Palsy Linked to Medical Negligence

While some cases of cerebral palsy occur due to unavoidable factors, many are preventable. Hospitals and medical staff may be held liable when negligence during prenatal care, labor, or delivery leads to brain damage.

Failure to Monitor Fetal Distress

  • Negligence: Hospitals have a duty to continuously monitor the baby’s heart rate during labor. Failure to recognize signs of fetal distress, such as a slow or irregular heart rate, can lead to prolonged oxygen deprivation (hypoxia).
  • Impact: Hypoxia can cause brain damage, leading to conditions such as hypoxic-ischemic encephalopathy (HIE), which is a precursor to cerebral palsy.
Close up of incognito doctor using ultrasound equipment for screening pregnant woman

Improper Use of Delivery Tools

  • Negligence: The misuse of tools such as forceps or vacuum extractors during delivery can cause physical trauma to the baby’s head, leading to brain injuries.
  • Impact: Excessive force or improper technique can result in skull fractures, bleeding in the brain, or other injuries that contribute to CP.

Delayed Decision-Making

  • Negligence: Delays in performing a necessary cesarean section can increase the risk of oxygen deprivation.
  • Impact: Prolonged labor or complications like placental abruption may require an emergency C-section to protect the baby’s health. Delaying this decision can result in irreversible damage.

Medication Errors

  • Negligence: Administering the wrong medication or dosage to the mother during labor can cause complications that affect the baby.
  • Impact: Certain medications, when used improperly, can increase the risk of fetal distress or preterm labor complications.

Failure to Address Maternal Infections

  • Negligence: Hospitals must identify and treat infections like chorioamnionitis (infection of the amniotic fluid) or maternal fevers promptly.
  • Impact: Untreated infections can increase the likelihood of brain inflammation or damage in the baby, contributing to CP.
close up photoof a
doctor checking baby's organs

How Can Hospitals Be Held Liable for Cerebral Palsy?

Hospitals can be held legally responsible for cerebral palsy if it can be proven that their negligence directly caused or contributed to the condition. Liability may arise in the following ways:

Vicarious Liability

Hospitals can be held accountable for the actions of their employees, including doctors, nurses, and other medical staff. If a staff member fails to meet the standard of care, the hospital may share responsibility for the resulting harm.

Failure to Maintain Standards

Hospitals are obligated to ensure their facilities, equipment, and protocols meet established standards. Negligence in maintaining these standards—such as malfunctioning fetal monitoring devices—can make the hospital liable.

Inadequate Staffing

Understaffed labor and delivery departments may lead to delayed or improper care during critical moments. Hospitals are responsible for ensuring adequate staffing levels to provide timely and appropriate care.

Negligent Training or Supervision

Hospitals must ensure that all staff members are adequately trained and supervised. Failure to do so can result in errors that lead to birth injuries, including cerebral palsy.

Senior doctor and a pregnant woman

Proving Liability in Cerebral Palsy Cases

To hold a hospital liable for cerebral palsy, families must demonstrate that negligence occurred and that this negligence directly caused the injury. This typically involves:

Establishing Duty of Care

Hospitals and medical professionals owe a duty of care to provide safe, competent treatment during labor and delivery.

Identifying Breach of Duty

The hospital must have failed to meet the accepted standard of care, such as failing to monitor fetal distress or delaying a necessary intervention.

Proving Causation

It must be shown that the hospital’s negligence directly caused the brain damage that led to cerebral palsy.

Documenting Damages

Families must provide evidence of the financial, emotional, and physical impact of the injury, including medical expenses, therapy costs, and loss of quality of life.

Compensation for Cerebral Palsy Cases

When a hospital is found liable for cerebral palsy, families may be entitled to compensation to cover:

  • Medical Expenses: Including surgeries, medications, therapies, and specialized equipment.
  • Future Care Costs: For ongoing treatments and adaptive needs.
  • Lost Wages: For parents who must reduce work hours or leave their jobs to care for their child.
  • Pain and Suffering: For the emotional toll on both the child and their family.
baby infant girl laughing

How Thomas & Wan LLP Can Help

At Thomas & Wan LLP, we understand the profound challenges families face when their child is diagnosed with cerebral palsy due to medical negligence. Our experienced birth injury attorneys are here to:

  • Investigate your case thoroughly, working with medical experts to determine liability.
  • Guide you through the legal process with compassion and care.
  • Fight for the compensation your family needs to secure your child’s future.

With decades of experience handling medical malpractice cases, we’re committed to holding hospitals accountable and advocating for justice on behalf of families.

Hospitals can be held liable for cerebral palsy when medical negligence during labor or delivery leads to preventable brain injuries. Understanding the potential causes and your legal rights empowers families to seek justice and secure the resources needed to provide the best possible care for their child.

If you suspect medical negligence contributed to your child’s cerebral palsy diagnosis, contact Thomas & Wan LLP today for a free consultation. Let us help you navigate this journey and fight for the justice your family deserves.

Related Article

What Causes Shoulder Dystocia?

Shoulder dystocia is a serious childbirth complication that occurs when a baby’s shoulders become stuck behind the mother’s pelvic bone...