Mar 01, 2018 in News --> Obstetrical Malpractice

Can Cerebral Palsy Lead to a Medical Malpractice Case?

Can Cerebral Palsy Lead to a Medical Malpractice Case?

According to the National Institute of Neurological Disorders and Stroke (NINDS), an American organization that aims to reduce the burden of neurological disease, cerebral palsy refers to a group of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination. Caused by brain injury or brain malformation, cerebral palsy is sometimes caused by avoidable medical errors. In these cases, an obstetrical malpractice lawyer can help the affected family access compensation.

Children with cerebral palsy exhibit a wide range of symptoms, including lack of muscle coordination; stiff or tight muscles; exaggerated reflexes; weakness in one or more arms or legs; difficulty walking; difficulty swallowing causing excessive drooling; difficulty speaking; and tremors and involuntary movements. Depending on the severity of the condition, cerebral palsy can be a severe disability that poses monumental challenges to both the child and his or her family. An obstetrical malpractice lawyer can help families secure the necessary resources to finance the child’s care, therapy, and medical needs.

The majority of cerebral palsy cases are unavoidable, but approximately 10 per cent are caused by complications during the birthing process. In particular, cerebral palsy is sometimes the consequence of hypoxic ischemic encephalopathy, or HIE. This injury occurs when an infant’s brain is deprived of blood or oxygen, and can be caused by events like placental abruption, umbilical cord issues such as a nuchal cord, or mistakes relating to the administration of anesthesia.

In order to bring a successful medical malpractice claim against a physician, a lawyer must establish that the physician’s error caused the injury, and that the error was a breach of the standard of care that a reasonable doctor in the same situation would not have committed. If both of these criteria can be established, you may have a valid obstetrical malpractice claim and a reasonable chance at securing fair compensation.

At Neinstein, we are proud to have represented injury victims from across Ontario for the past 45 years. If you or someone you know has been affected by a birthing error causing cerebral palsy or any other type of injury, contact Neinstein Medical Malpractice Lawyers today to arrange a free, no-obligation consultation with an obstetrical malpractice lawyer. We can be reached by phone at 1-844-920-4242, by email at, or through our website. Our experienced and compassionate team can help you access the compensation you need to finance your recovery.