What Causes Cerebral Palsy?
Many factors can damage a baby’s brain before, during, or shortly after birth.
- Prenatal: untreated maternal infections, placental insufficiency, or exposure to toxins.
- Perinatal: oxygen deprivation from delayed C-section, umbilical-cord prolapse, or improper use of forceps or vacuum extractors.
- Postnatal: untreated jaundice (kernicterus), meningitis, or traumatic head injury.
Not every CP case stems from malpractice, yet many could have been prevented with timely medical action.
Can Cerebral Palsy Be Caused by Medical Malpractice?
Yes. When doctors or nurses ignore fetal distress, misuse delivery tools, or delay a necessary C-section, the resulting lack of oxygen can leave a child with permanent brain damage. A thorough legal and medical investigation is the only way to know for sure.
Common Types of Cerebral Palsy Cases We Handle
- Hypoxic-Ischemic Encephalopathy (HIE) leading to spastic quadriplegia after a delayed C-section.
- Traumatic forceps or vacuum deliveries causing ataxic CP.
- Severe jaundice that progressed to kernicterus and athetoid CP.
- Undiagnosed maternal infection resulting in mixed-type CP.
- Mismanaged multiple-birth deliveries causing diplegic CP in one twin.
What Challenges Do Families Face After a Cerebral Palsy Diagnosis?
Caring for a child with CP means decades of therapy, specialized equipment, home modifications, and sometimes 24-hour support. The Centers for Disease Control and Prevention estimates the lifetime out-of-pocket cost of CP at nearly $1 million, not including lost family income. Financial stability is essential for consistent, high-quality care.
What Compensation Can You Recover for a Birth Injury in Maryland?
- Economic damages: past and future medical bills, therapy, in-home care, special-education expenses, adaptive vehicles, and lost earning capacity.
- Non-economic damages: your child’s pain, suffering, and loss of life’s pleasures, subject to Maryland’s 2025 medical-malpractice cap of $905,000 for a single claimant.
There is no cap on economic damages, so a meticulous life-care plan is critical.
How Long Do I Have to File a Cerebral Palsy Lawsuit in Maryland?
Maryland gives most malpractice victims the earlier of five years from injury or three years from discovery to sue. For injuries at birth, the child’s claim generally remains open until age 21. Parents’ claims for medical expenses may have shorter deadlines, so quick action protects every component of the case.
Maryland also requires filing a claim with the Health Care Alternative Dispute Resolution Office and a Certificate of Qualified Expert before proceeding to court. Our Germantown medical-malpractice attorneys handle every procedural step.
How We Prove Medical Negligence
- We show the doctor or hospital owed a duty of care.
- We prove a breach of that duty, such as ignoring fetal heart rate alarms.
- We connect the breach to your child’s brain injury through expert testimony.
- We document the full extent of damages through life-care planners and economists.
Causation is often the hardest link to establish, but our Germantown CP attorneys have decades of experience countering common defense arguments.
Frequently Asked Questions (FAQs)
Does a cerebral palsy diagnosis automatically mean medical malpractice?
Not always. Some cases are unpreventable, but many stem from avoidable medical errors. A free, no-obligation review with our birth-injury team can quickly clarify whether substandard care played a role.
What will it cost to hire our firm?
Nothing upfront. We work on a contingency-fee basis. Our legal fee comes only from a successful settlement or verdict, so you owe us nothing unless we obtain compensation for your family.
Is it too late to sue if my child is now a teenager?
Possibly not. Maryland typically allows a birth-injury claim to be filed until the child’s 21st birthday, but evidence and witness memories fade over time. Contacting us now gives your case the strongest foundation.
Germantown Resources for Families Affected by Cerebral Palsy
- Hospitals: Holy Cross Germantown Hospital and Adventist HealthCare Shady Grove Medical Center provide pediatric rehabilitation services.
- Therapy & Support: Montgomery County’s Infants & Toddlers Program and the Kennedy Krieger Institute offer early-intervention and specialty clinics.
- Neighborhoods Served: We represent families across Churchill Village, Kingsview, Neelsville, and all of Germantown.
Speak With a Germantown Cerebral Palsy Lawyer Today
The Germantown cerebral palsy attorneys at Schochor, Staton, Goldberg and Cardea stand ready to pursue justice for your child. Call us at (410) 234-1000 for a free consultation or visit our Baltimore office at 1211 St Paul St. We will shoulder the legal fight so you can focus on your family’s well-being.
