Medical Malpractice > Cerebral Palsy


Childbirth is something to celebrate. If you learn that your newborn has been diagnosed with a severe medical condition, prompt action is the best way to protect them. Injury can be particularly devastating if you suspect medical accidents during pregnancy or delivery are the cause. The best way forward is to find consultation.  

What Is Cerebral Palsy?

Cerebral palsy is a group of disorders that result from abnormal brain function. The abnormal function negatively impacts a person’s ability to use their muscles, causing difficulties moving, standing, and balancing. Cerebral palsy is the most common type of motor-related disability among children. The three main types of cerebral palsy affect the body differently. 


Stiffened muscles often come from an abnormal increase in muscle tone. Spasticity interferes with movement and speech and can cause pain. 


Uncontrolled, involuntary movement that can last for long periods. Often only one limb is impacted, but dyskinesia can also affect the entire body. 


Damage to the brain, nerves, or muscles leading to impaired balance or coordination. Ataxia may cause difficulty walking and impairs hand coordination, eye movement, and speech.

It is also possible to have any combination of these types. Cerebral palsy can also bring other intellectual disabilities. 

Signs and Symptoms of Cerebral Palsy

The early signs of cerebral palsy in an infant vary by individual. Children with cerebral palsy will often experience a delay in motor development. Other early indicators include muscle rigidity, muscle spasms, muscle weakness, difficulty reaching, grabbing, or bringing hands together, uncontrollable movements, and missed developmental milestones. 

What Causes Cerebral Palsy?

Many factors influence cerebral palsy. At various stages of development, different factors will impact the individual. Cerebral palsy stems from abnormal brain development or brain damage during the brain’s development. Brain damage can spur from physical trauma to the skull or a lack of oxygen to the brain. Most cerebral palsy cases occur before or during birth. A smaller percentage can occur during the first year of life from an event like a head injury. 

Is Cerebral Palsy Permanent?

Cerebral palsy is a permanent condition that has no cure. However, the symptoms and presentation of the disorder can change over time. Cerebral palsy cases vary in severity with some being marginal and others requiring full-time care. 

Because cerebral palsy is a lifelong condition, the cost of treating and managing it is substantial. The cost throughout a lifetime is estimated to be over one million dollars. No family should have to bear the financial burden of medical care necessitated by a doctor or hospital negligence. Compensation for future medical care is just one of the reasons to file a medical malpractice birth injury lawsuit. 

Is Cerebral Palsy The Doctor’s Fault? 

Multiple parties may be at fault for your child’s injury, including doctors, nurses, midwives, hospitals, and/or others. A cerebral palsy medical malpractice attorney can identify any defendants in your case. 

Is Cerebral Palsy Always the Result of Medical Malpractice?

Cerebral palsy is not always the result of medical malpractice. However, medical negligence from doctors, obstetricians, nurses, and other caregivers does happen and it can cause cerebral palsy. How can you know if your child’s condition resulted from a malpractice-related birth injury? A birth injury lawyer at Montross Miller can review the details of your case to determine whether negligence is to blame. We will meet with you to discuss the events surrounding your child’s birth and identify possible negligent actions, including failure to diagnose or treat a condition during pregnancy, failure to monitor the baby during pregnancy or delivery properly, ignored signs of fetal distress, or trauma during birth. If we believe that medical negligence played a part in your child’s diagnosis, we can help you begin the process of filing a lawsuit and holding the at-fault parties accountable. In Indiana, you have two years to file a lawsuit from when the negligence occurred. For children under the age of six, you can file up until the child’s eighth birthday. 


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Nate consulted with medical experts, dug in and proceeded with the civil suit. I remember him telling me several times that [my wife’s] story was compelling and was deserving of his team’s full commitment and skill. We eventually settled before trial and were thrilled with the results, we felt justice prevailed. Nate was patient, thorough and a trusted advisor to us through this.


He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband. Now, he will be taken care of for the rest of his life.


Scott did a truly amazing job for us. It was not just about the legal work; he was there for us every step of the way. From rehab, through settlement and even making sure appropriate financial arrangements were in place for the future. He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband.


Belinda was very responsive. I am very pleased. They are great at what they do.


Mike Miller and the firm were all excellent to work with and were extremely professional.


We worked with Brad Kallmyer who was phenomenal. He listened well and was very thorough and professional. I give all the credit to Brad. The staff was very kind, very understanding. They made my mom feel important. Brad’s integrity and the firm came through for us. They were great.


Words cannot express how tremendously grateful my husband and I are to Nate and his team during the most difficult times in our lives. He walked us through every step with the up most respect, never hesitating to answer any and all questions, or simply giving us a word of encouragement. It was a relief to know that he was always on our side, fighting for our case and believing that it was worth fighting for.