Cerebral palsy is a difficult condition for someone to live with, and it’s also something that’s permanent in nature.  Those who contract it never recover fully from it and face a lifetime of challenges.  That does not mean that someone with cerebral palsy cannot live a happy and productive life, as there are many examples of exactly that. However, few people seem to understand that one of the causes of cerebral palsy is a birth injury that can be the result of medical malpractice.

Below you’ll find a brief description of cerebral palsy, the common medical errors that are committed that can lead to this condition and finally how you should proceed if your child suffers from cerebral palsy because of what you believe was a mistake made during delivery that caused a birth injury.


Estimates indicate that approximately 5,000 children are born every year in the United States with cerebral palsy.  This condition is the result of brain damage, and there are degrees of severity when it comes to cerebral palsy. Some people have a relatively minor level of this condition and can generally function in a mental sense but have problems with basic motor skills including walking, balancing and speech.

The more severe cases of cerebral palsy result from serious and extensive brain damage that usually occurs before or during birth.  Those who suffer from these severe cases can lose almost all basic motor skills, the ability to communicate and even the ability to control basic bodily functions. Many cerebral palsy patients also face the reality of a generally shorter life span.


Anyone who has had a child understands that it is a sensitive process during which the child is extremely vulnerable. Therefore, every step of the birthing process needs to be handled appropriately by the medical professionals overseeing the delivery. Even the slightest mistake can lead to a lifetime of struggle for the child.

Common medical errors that can lead to a diagnosis of cerebral palsy include the failure to order a C-section when such a delivery type would be advisable, the failure to treat seizures immediately after birth or some other improper delivery method. Theories of specific causes of cerebral palsy include a mistake that leads to a lack of oxygen to the child’s brain during birth, and this can lead to permanent brain damage that manifests itself in the form of this permanent problem.

If your child suffers from cerebral palsy as a result of what you believe was a medical mistake that led to a birth injury, you need to contact the New York medical malpractice lawyers at The Fitzgerald Law Firm today to schedule a free initial consultation.