Cerebral Palsy and Birth Injury Lawsuits: What Evidence Can Support a Claim?

When a child develops cerebral palsy after a complicated pregnancy or delivery, parents may have questions about whether something went wrong during medical care. They may remember an emergency C-section, abnormal fetal heart rate, complications with the umbilical cord, or problems immediately after birth and wonder whether those events contributed to their child’s condition.

Cerebral palsy has many possible causes, however, and a diagnosis alone does not establish medical negligence. The Centers for Disease Control and Prevention explains that cerebral palsy can result from abnormal brain development or damage to the developing brain, and that several factors can increase the risk. Events involving the placenta, uterus, or umbilical cord can sometimes disrupt oxygen supply, but other prenatal, birth-related, and early childhood factors can also contribute.

For that reason, a potential birth injury lawsuit requires more than showing that a child has cerebral palsy. Medical records, diagnostic testing, expert opinions, and evidence from the pregnancy and delivery can help establish what happened, when an injury occurred, and whether medical negligence contributed to it.

Medical Records Can Provide Important Evidence

A child’s medical records may provide some of the most important evidence in a cerebral palsy birth injury case. Those records can create a timeline of the pregnancy, labor, delivery, and newborn period.

Depending on the circumstances, an attorney and medical experts may review:

• Prenatal records and testing
• Maternal medical records
• Fetal heart rate monitoring strips
• Labor and delivery records
• Medication and anesthesia records
• Operative reports
• Nursing notes
• Neonatal intensive care records
• Newborn examination records
• Apgar scores
• Umbilical cord blood gas results
• Records of seizures or neurological abnormalities
• Brain imaging and other diagnostic testing

New York law gives qualified parents or guardians rights to access certain clinical records concerning an infant’s care, subject to statutory limitations.

Parents should preserve copies of the records they receive rather than relying solely on their memory of what happened during delivery.

Fetal Heart Rate Monitoring May Help Establish What Happened

Fetal heart rate monitoring can provide a detailed record of how a baby responded during labor. When the monitor shows concerning changes, the medical team may need to evaluate the situation and determine whether intervention is necessary.

In a potential malpractice case, experts may examine the fetal monitoring strips alongside the nurses’ notes, physician notes, medication records, and timing of delivery.

The question is not simply whether the fetal heart rate became abnormal. An expert may need to determine what the medical team should have recognized from the tracing, how quickly they responded, and whether a different response could have prevented or reduced the baby’s injury.

Delivery Records Can Help Establish the Timeline

Timing can become especially important in a birth injury case.

For example, records may show when healthcare providers first recognized a complication, when they ordered an emergency C-section, when the procedure began, and when the baby was delivered. They may also document problems involving the placenta, umbilical cord, uterine rupture, or other complications.

The CDC identifies placental abruption, uterine rupture, and umbilical cord problems among birth complications that can disrupt oxygen supply and increase the risk of cerebral palsy.

That does not mean these complications automatically indicate negligence. Some emergencies occur despite appropriate medical care. A legal claim requires evidence connecting the healthcare provider’s conduct to the child’s injury.

Newborn Records May Show Signs of an Injury

Evidence from the hours and days after birth can also matter. A baby’s condition immediately after delivery may provide information about whether the child experienced neurological problems or other complications.

Medical records may document:

• Difficulty breathing
• Seizures
• Abnormal muscle tone
• Feeding difficulties
• Abnormal neurological findings
• Need for respiratory support
• Admission to a neonatal intensive care unit
• Treatment for hypoxic-ischemic encephalopathy
• Abnormal blood gas results
• Other signs of neonatal encephalopathy

ACOG and the American Academy of Pediatrics have emphasized that neonatal encephalopathy can have multiple causes and that establishing a causal connection between an intrapartum hypoxic event and cerebral palsy requires careful evaluation of the clinical evidence.

Brain Imaging and Other Testing Can Help

A child’s later medical evaluation can provide additional evidence about the nature of a brain injury.

Doctors may use MRI or other imaging studies when evaluating cerebral palsy and attempting to identify a potential cause. The CDC notes that specialists may use brain imaging, EEGs, genetic testing, metabolic testing, or combinations of these evaluations when investigating cerebral palsy.

These tests do not automatically establish that an injury occurred during labor or that a healthcare provider caused it. Instead, medical experts may consider the results alongside the child’s history and records from pregnancy, delivery, and the newborn period.

Developmental Records Can Help Establish the Child’s Condition

Cerebral palsy may not become apparent immediately after birth. Doctors generally diagnose CP during the first or second year, although mild cases can take longer to confirm.

Parents should preserve records documenting developmental concerns, specialist evaluations, therapy, and the child’s changing abilities.

These records can help establish the child’s diagnosis and the effects of the condition over time. They may also document the types of treatment and assistance the child needs.

Expert Medical Opinions Are Often Critical

Medical evidence can be complex, particularly when several factors could have contributed to cerebral palsy. An attorney may consult qualified medical experts to determine whether the available evidence supports a connection between the medical care and the child’s injury.

Experts may evaluate questions such as:

• What caused the child’s brain injury?
• When did the injury likely occur?
• Did the medical team recognize signs of a developing problem?
• Did providers respond appropriately?
• Did a delay or other departure from accepted medical practice contribute to the injury?
• Could an earlier or different intervention have prevented or reduced the injury?

New York requires a certificate of merit in medical malpractice actions. Under CPLR § 3012-a, the plaintiff’s attorney generally must certify that the attorney reviewed the facts and consulted with at least one physician whom the attorney reasonably believes is knowledgeable about the relevant issues.

Evidence of the Child’s Long-Term Needs Also Matters

A cerebral palsy birth injury can affect a child for many years. The evidence in a potential claim therefore may extend beyond the events surrounding delivery.

Medical and therapy records can document ongoing needs involving physical therapy, occupational therapy, speech therapy, medications, mobility equipment, orthopedic care, neurological treatment, or other services.

Depending on the child’s condition, experts may also evaluate future medical care, assistive equipment, home modifications, educational needs, and other long-term expenses.

This information can help establish the extent of the child’s injuries and the costs associated with caring for those injuries over time.

What Parents Should Do If They Suspect a Birth Injury

Parents who believe medical negligence contributed to their child’s cerebral palsy should preserve relevant information as soon as possible. They can request medical records, keep copies of diagnostic reports and treatment records, and document the child’s ongoing medical and developmental needs.

It can also help to write down what the parents remember about the pregnancy and delivery while those details remain fresh. Names of healthcare providers, the timing of significant events, discussions with medical staff, and explanations given during the hospital stay may become useful when an attorney reviews the case.

Parents should avoid assuming that a difficult delivery automatically means malpractice occurred. The goal is to gather the available evidence and have qualified professionals determine whether the medical care fell below the applicable standard and contributed to the child’s injury.

New York Birth Injury Claims Have Time Limits

Families should also address potential legal deadlines promptly. New York generally provides a two-year-and-six-month limitations period for medical malpractice actions, subject to exceptions.

Birth injury cases involving children can raise additional questions about how the statute of limitations applies, so parents should not assume that a potential claim can be brought at any time.

Early legal review can also help preserve evidence while medical records, monitoring data, and other information remain available.

Understanding the Evidence in a Cerebral Palsy Birth Injury Case

A cerebral palsy diagnosis can leave parents searching for answers about what happened before, during, and after their child’s birth. Medical records, fetal monitoring, delivery records, newborn evaluations, diagnostic testing, developmental records, and expert medical opinions can all help build a clearer picture.

At the same time, cerebral palsy has many possible causes. A careful review must distinguish between a medical complication that could not have been prevented and an injury that may have resulted from a healthcare provider’s failure to provide appropriate care.

Alonso Krangle Fight for Victims of Potential Birth Injuries

If you believe medical negligence contributed to your child’s cerebral palsy, an attorney can review the available evidence and determine whether the circumstances warrant further investigation. Medical experts may also help evaluate the cause and timing of the child’s injury. Alonso Krangle represents families in birth injury and medical malpractice matters throughout New York, including Long Island, Nassau County, Suffolk County, and Queens. Call us at 800-403-6191 or contact us online for a free consultation and confidential case evaluation.