Switch to ADA Accessible Theme
Close Menu
South Jersey Slip, Fall & Dog Bite Lawyer > Blog > Birth Defect > How to Win a Cerebral Palsy Birth Defect Suit

How to Win a Cerebral Palsy Birth Defect Suit


You are looking forward to the day you get to meet your baby, and you are so excited. But then something happens. During delivery, there is a problem. You aren’t sure what is happening, but you know something is not right.

After your baby is delivered and you take them home, you notice your baby isn’t acting the way that you would expect, and you get nervous. You then find out your baby has been diagnosed with cerebral palsy, a neurological disorder, and you feel devastated.

Mistakes during delivery can lead to cerebral palsy. Some examples of negligent acts a medical provider can make which can lead to the development of cerebral palsy include:

  • Improper use of forceps
  • Not identifying oxygen deprivation promptly and taking action
  • Not addressing a detached placenta
  • Not responding to a mother who has an adverse reaction to Pitocin

Birth injury lawsuits are medical malpractice legal actions. Medical malpractice suits are some of the most complicated to pursue, but that doesn’t mean it is not worth the time to take legal action—quite the opposite when there is apparent negligence on behalf of a medical provider.

Please call our South Jersey birth injury lawyer at Monaco Law PC for assistance with a birth injury lawsuit.

Filing a Successful Cerebral Palsy Birth Injury Suit 

Cerebral palsy can cause many life disruptions and disabilities for a baby while they are young and throughout the rest of their life. They can have cognitive issues, problems with motor skills and movement, and suffer paralysis. It can be very difficult to impossible for a baby born with cerebral palsy to live a life without ongoing medical treatment and therapy. Also, should their condition render them unable to work, they won’t be able to provide for themselves independently.

It is imperative that a family whose baby was diagnosed with cerebral palsy due to the reckless actions of their medical provider obtain the highest amount of monetary compensation possible from a legal action. It will be necessary to account for all of the baby’s losses and those of the parents in a suit.

Filing a suit and winning are two different things. Proving the following elements must happen to win a birth injury suit:

  1. The medical provider had a relationship with the mother and her baby.
  2. Due to the established relationship between the physician and the mother and her baby, the medical provider owed a duty of care consistent with established medical practice standards.
  3. The physician violated that duty of care.
  4. The mother and her baby suffered damage.

Once negligence and fault are established, having robust evidence is critical. Evidence in a cerebral palsy birth injury suit could include:

  • Lab and diagnostic reports
  • Medical records
  • Notes and documents from the physician and medical staff
  • Witness testimony
  • Discharge paperwork
  • Details on medication that was given during delivery 

Speak to a South Jersey Birth Injury Attorney Today

 Birth injuries like cerebral palsy are traumatic and quite distressing. Securing the full amount of financial compensation to take care of a baby and their future when they are diagnosed with cerebral palsy is essential. Our South Jersey birth injury attorney at Monaco Law PC can assist you with a claim. To schedule a free initial consultation, call (609) 277-3166 for our New Jersey office and (215) 546-3166 for our Pennsylvania office.

We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County, and all of South Jersey.



Facebook Twitter LinkedIn