Written by: Ray Abbas What is cerebral palsy?
As of December 2024, this complex condition affects approximately 1.5 per 1,000 live births in Australia. Key characteristics of cerebral palsy include:
- Muscle stiffness (spasticity) or floppiness (hypotonia)
- Tremors or involuntary movements
- Balance and coordination problems
- Difficulty with fine motor skills, like writing or buttoning clothes
- Speech and communication challenges
- Swallowing difficulties affecting eating and drinking
- Potential intellectual disabilities (though many children have completely normal intelligence)
- Secondary conditions like epilepsy, vision problems, or hearing loss.
The brain damage that causes cerebral palsy can occur before, during, or shortly after birth. It usually affects parts of the brain responsible for motor control, muscle coordination, and sometimes cognitive function. One of the most challenging aspects for families is the delayed onset of symptoms. The full extent of a child’s disabilities often isn’t clear until they are 18 to 24 months old. This is when missed developmental milestones become more noticeable.
Expert Tip
Types of cerebral palsy
Cerebral palsy classification depends on which areas of the brain are damaged and how this damage affects muscle tone and movement patterns. Medical professionals use these classifications to predict likely outcomes, plan treatment approaches. In legal contexts, it helps to determine appropriate compensation levels for different care needs.
1. Spastic Cerebral Palsy
Spastic cerebral palsy is by far the most common form, characterised by increased muscle tone that causes stiff, jerky movements. The muscles are constantly contracted, making smooth movement difficult. Children with spastic cerebral palsy often walk on their toes, have scissor-like leg movements, or experience muscle spasms that can be painful and tiring.
This type is further subdivided based on which body parts are affected:
| Name | Body part affected | Characteristics |
|---|---|---|
| Spastic diplegia | Primarily affects the legs. | Children can often walk independently but may need braces or mobility aids. Intelligence is typically normal. |
| Spastic hemiplegia | Affects one side of the body (the arm usually more than the leg on the same side). | Children often develop adaptive strategies and can participate in many normal activities, though they may need occupational therapy to learn techniques for daily tasks. |
| Spastic quadriplegia | Impacts all four limbs and is the most severe form. | Children typically have significant intellectual disabilities, swallowing difficulties, and may require feeding tubes, wheelchairs, and extensive daily care throughout their lives. |
2. Dyskinetic Cerebral Palsy
Caused by damage to the basal ganglia, this type affects control of voluntary movement and leads to involuntary movements in the arms, legs, face, and tongue. These movements worsen with stress or excitement and ease during sleep. Children may have fluctuating abilities. Some days they can communicate and manage tasks independently; on others, involuntary movements make basic activities difficult.
3. Ataxic Cerebral Palsy
4. Mixed Cerebral Palsy
Lawyer insight
Mixed cerebral palsy cases often involve the most complex medical evidence in negligence claims. Multiple types of brain damage suggest prolonged or severe oxygen deprivation that proper medical intervention could have prevented.
What causes cerebral palsy and when is it preventable?
Cerebral palsy is usually caused by brain injury or abnormal development before, during, or shortly after birth. Understanding the difference between natural causes and preventable medical errors is key, especially for families considering legal action.
Natural causes
Many cases occur despite proper medical care. Common factors include:
- Genetic mutations affecting brain development (often spontaneous and unpredictable)
- Maternal infections like rubella, CMV, or Group B strep (some preventable, others not)
- Premature birth and low birth weight, which increase vulnerability
- Multiple births, raising risks due to complications.
Preventable causes
Oxygen deprivation during labour (e.g., from cord or placental issues, or failure to act on foetal distress)
Undiagnosed or untreated infections, such as Group B strep
Medication errors, including misuse of labour-inducing drugs.
How medical negligence causes cerebral palsy
Medical negligence happens when a healthcare provider fails to act as a reasonably competent professional would under similar circumstances. If this failure directly causes harm—such as brain damage resulting in cerebral palsy—it may be grounds for a legal claim.
When can cerebral palsy medical negligence occur?
| Stage | Negligence |
|---|---|
| During pregnancy | Proper prenatal care includes monitoring for conditions that can affect the baby’s brain development. Negligence during this stage may
|
| During labour and delivery | This is the most critical window for preventable brain injury. Common failures include:
|
Common examples of negligence
1. Delayed emergency delivery
- Understaffing
- Equipment failures
- Miscommunication among the medical team
- Medical malpractice, including cerebral palsy malpractice
- Failure to recognise the urgency of the situation.
2. Improper instrument use
Forceps or vacuum extractors can help deliver a baby safely, but only if used correctly. Birth medical negligence occurs when:
- Instruments are used inappropriately or with excessive force
- Staff continue attempting an assisted delivery when a cesarean is clearly needed
- Staff lack training or fail to follow safety guidelines.
3. Medication and dosage errors
- Pain medications can affect the baby’s breathing if not properly managed
- Failure to monitor and adjust medications in real time may lead to preventable harm.
When these kinds of errors result in permanent injury, they may form the basis of a cerebral palsy medical malpractice claim.
How to file a cerebral palsy claim
Building a strong case involves:
1. Contacting a cerebral palsy lawyer
If you suspect that medical negligence may have contributed to your child’s cerebral palsy, it’s important not to let uncertainty, emotional stress, or time pressures stop you from seeking legal advice. The stakes are high, with potential access to compensation that could fund vital therapies, equipment, and lifelong care, significantly improving your child’s quality of life and easing the financial burden on your family.
Speaking with an experienced cerebral palsy lawyer can help you understand your options and take the first step toward securing the support your child needs.
2. Gathering medical records
- Prenatal notes, ultrasounds, and lab results
- Hospital and delivery room records
- foetal heart rate monitoring strips
- Newborn assessments and early paediatric notes.
These documents often run into hundreds of pages, with some—like foetal monitoring strips—offering minute-by-minute insights into what happened. Missing even small pieces of this evidence can weaken your claim.
3. Establishing medical negligence
| Duty of care | Healthcare providers owe a duty to offer competent care to both mother and baby. While this duty is usually easy to establish, identifying who had which responsibilities—among doctors, nurses, midwives, and others—can be complex. |
| Breach of standard of care | This is often the most contested part of a case. Medical experts compare the care provided with what a reasonable provider would have done under similar circumstances. Timing is a major factor: did staff respond quickly and appropriately to signs of trouble? Even technically correct decisions may constitute a breach if they were delayed or poorly executed. |
| Causation | It must be shown that the negligence directly caused your child’s cerebral palsy. This involves demonstrating that, had appropriate care been provided, the injury would likely have been avoided or been less severe. Experts often reconstruct the birth timeline to show how earlier action could have changed the outcome, and explain the medical science behind oxygen deprivation and brain injury progression. |
| Damages | Your legal team will also calculate the long-term impact of your child’s condition, including:
|
4. Engaging expert witnesses
Strong cases rely on multiple medical and financial experts, including:
- Obstetricians to review pregnancy and labour care
- Neonatologists for post-birth treatment analysis
- Paediatric neurologists to assess the brain injury’s origin and effects
- Life care planners and economists to project long-term needs and costs.
They may also quantify future costs—such as wheelchair upgrades, home care support, or parental time—all of which contribute to your claim’s overall value.
Key Takeaway
The strength of your cerebral palsy medical negligence case depends heavily on the quality and credentials of your medical experts. Top experts can mean the difference between a successful claim and one that fails to prove negligence or causation.
Understanding the cerebral palsy lawsuit process
1. Pre-litigation phase (6 to 18 months)
| Initial case review and strategy | Your legal team will assess medical records, consult with experts, and conduct a preliminary damages assessment to determine the strength of your case. They’ll also identify all potentially responsible parties such as doctors, nurses, hospitals, or healthcare organisations. Pursuing a claim against each of these individuals may carry different legal risks and they may have different insurance coverage.
Early life care planning also begins here, with experts estimating your child’s future needs and costs, such as therapy, equipment, and ongoing care. |
| Formal notice and early negotiation | Before filing a lawsuit, your legal team will issue a letter of demand or formal notice of intent to the medical providers and insurers involved. This outlines the key allegations and supporting medical opinions.
Some cases settle at this stage, particularly where there’s a clear breach of duty. However, early offers are often lower than what formal litigation might achieve. |
Expert Tip
2. Litigation phase (12 to 24 months)
| Filing the claim | If early negotiation fails, your birth injury lawyer will file court documents outlining the alleged negligence and damages sought. This formal claim:
|
| Discovery and evidence gathering | This phase involves a detailed exchange of information:
Defendants may also question your expert witnesses to challenge their opinions. Discovery often uncovers internal hospital documents, inconsistencies in care, or staff admissions that strengthen your case. |
3. Mediation
- Confidential
- Faster and less costly than trial
- More flexible and less adversarial.
Your legal team will present a detailed account of your child’s needs, often supported by life care plans, economic reports, and daily life documentation to show the impact of the injury.
4. Trial (if necessary)
- Prepare expert witnesses to explain negligence and causation
- Develop timelines
- resent complex medical evidence in a way that judges or juries can understand.
5. Settlement
- Settlement amounts
- How funds will be managed (e.g. through trusts)
- Legal fees and costs.
Cerebral palsy statute of limitations
For children, the time limit is usually paused until their 18th birthday, after which they typically have three years to commence legal proceedings. However, some states also impose a long-stop limit (usually 12 years), which may apply regardless of when the injury is discovered.
Why timing matters
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Exceptions to the time limit
1. Date of knowledge exception
- Negligence wasn’t reasonably discoverable earlier
- You acted promptly once suspicions arose.
2. Continuing treatment exception
3. Disability of parent or guardian
How much compensation could you get for a cerebral palsy claim?
Case 1: $10 million settlement
Case 1: $10 million settlement
In another case, we achieved a $9 million settlement for a child born with Quadriplegic Dystonic Cerebral Palsy. The injury was caused by a failure to respond to two episodes of bradycardia during labour, despite the mother suffering a severe allergic reaction and a drop in blood pressure. The obstetrician continued with a vaginal delivery instead of performing an emergency caesarean. The resulting brain damage left the child with lifelong care needs and a complete loss of developmental function. Our medical negligence team fought hard to achieve justice, resolving the case at mediation.
While outcomes vary based on each child’s condition and circumstances, these examples show the scale of compensation that may be available in cerebral palsy negligence claims. Especially when early intervention and expert legal support are involved.
