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Cerebral Palsy and Its Link to Delivery Room Mistakes
Cerebral palsy is a life-altering diagnosis that affects muscle control, coordination, and overall development. While not every case of cerebral palsy is preventable, a significant number are directly linked to mistakes made during labor and delivery. For families in Washington, DC, discovering that a delivery room error caused their child’s condition is devastating—but it’s also the first step toward holding negligent providers accountable.
At Regan Zambri Long Personal Injury Lawyers, we represent families whose children have developed cerebral palsy as a result of birth-related medical negligence. With decades of experience and a deep understanding of both medicine and law, our team helps parents secure the resources their child needs to live as fully and independently as possible.
Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture. It is caused by damage to the developing brain, most often before, during, or shortly after birth. In many cases, the damage is linked to a lack of oxygen—known medically as birth asphyxia—or trauma during delivery.
More information about Birth Injuries here.
There are several types of cerebral palsy, each presenting with its own symptoms. The most common is spastic cerebral palsy, which causes stiff muscles and awkward movements. Other forms include athetoid (involving involuntary movements), ataxic (affecting balance and coordination), and mixed types, where symptoms of more than one category are present.
While cerebral palsy is not progressive—meaning it doesn’t worsen over time—it is a permanent condition. Children with cerebral palsy often face lifelong challenges, including difficulty walking, speaking, eating, and performing daily activities. Many also suffer from intellectual disabilities, seizures, and sensory impairments.
The connection between delivery room mistakes and cerebral palsy is well-documented in medical literature and supported by decades of research. In a significant number of cases, the condition results from preventable errors such as:
Failure to monitor the baby’s oxygen levels during labor. Fetal distress can often be detected through electronic fetal monitoring, which tracks the baby’s heart rate. When a baby is in distress, immediate action is necessary to prevent brain damage. Ignoring abnormal heart rate patterns or failing to act quickly is a common cause of cerebral palsy.
Delays in ordering a C-section. When labor is not progressing normally or when signs of distress are present, an emergency cesarean section may be required. Delaying this decision can deprive the baby of oxygen for too long, resulting in brain injury.
Improper use of forceps or vacuum extractors. These tools can be helpful when used correctly, but they also carry risks. Misuse can cause physical trauma to the baby’s head, leading to brain bleeding and, ultimately, cerebral palsy.
Failure to address infections in the mother. Conditions like chorioamnionitis or Group B streptococcus, if left untreated, can cause inflammation in the baby’s brain or spinal cord, leading to lasting neurological damage.
Undiagnosed umbilical cord problems. A compressed or prolapsed cord can cut off the baby’s oxygen supply. This is a medical emergency and requires prompt action.
When these or other mistakes occur, the brain can suffer hypoxic-ischemic encephalopathy (HIE), a condition that frequently results in cerebral palsy. HIE occurs when both the oxygen and blood supply to the brain are reduced, and the longer the deprivation, the more serious the damage.
Parents often first notice signs of cerebral palsy within the first year of life. These may include missed developmental milestones, unusual muscle tone (too stiff or too floppy), poor coordination, or difficulty with motor skills like crawling or sitting up. A formal diagnosis is typically made between 12 and 24 months through neurological exams, MRIs, and developmental screenings.
A diagnosis of cerebral palsy raises many questions, especially when the cause is unclear. That’s why legal investigation is essential. At Regan Zambri Long, we begin by collecting and reviewing all relevant medical records, including fetal monitoring strips, delivery notes, nursing reports, and postnatal assessments. We consult with independent obstetricians and neonatal experts to determine whether the standard of care was followed—or if negligence played a role.
If a provider failed to act appropriately during labor or delivery, and that failure led to brain injury, a claim for medical malpractice may be filed. These cases seek compensation for the immense financial, emotional, and physical toll of raising a child with cerebral palsy.
Compensation in these cases may include:
Lifetime medical expenses, including surgeries, hospital stays, medications, and therapies
Costs of assistive devices like wheelchairs, communication tools, and braces
Home modifications such as ramps, widened doorways, and accessible bathrooms
In-home nursing or caregiving services
Special education and tutoring costs
Lost earning capacity for both the child and any parent who must stop working to provide care
Pain and suffering, emotional distress, and reduced quality of life
In Washington, DC, the statute of limitations for medical malpractice involving a minor is generally three years from the date the injury is discovered. However, special rules apply for children, and the clock may not start running until the child reaches the age of majority. That said, acting early is always recommended to preserve evidence and strengthen your case.
Many parents are reluctant to pursue legal action because they feel overwhelmed or uncertain. But seeking justice isn’t about assigning blame—it’s about ensuring your child has the resources they need to live with dignity and opportunity.
At Regan Zambri Long, we approach every case with compassion, professionalism, and determination. We take the time to explain your legal rights, outline your options, and walk with you through each step of the process. You are not alone, and you don’t have to carry this burden by yourself.
If your child has been diagnosed with cerebral palsy and you believe delivery room mistakes may be to blame, don’t wait to explore your legal options. Contact Regan Zambri Long Personal Injury Lawyers today for a free consultation. Together, we can seek answers, accountability, and a future that includes the support your child deserves.