Few diagnoses are as life-altering for a family as cerebral palsy. This neurological condition, often caused by brain damage before, during, or shortly after birth, can result in lifelong challenges with movement, coordination, muscle tone, and cognitive function. While cerebral palsy is not always preventable, in some cases it is the result of medical negligence during labor and delivery.
If your child has been diagnosed with cerebral palsy and you suspect a doctor, nurse, or hospital may have made a preventable mistake, you may have grounds for a medical malpractice claim. At McWhirter, Bellinger & Associates, our South Carolina cerebral palsy attorneys are here to help your family get answers, and pursue the compensation needed to provide a secure future for your child.
What Is Cerebral Palsy?
Cerebral palsy (CP) is a group of disorders that affect movement, muscle tone, and posture. It is caused by abnormal brain development or brain damage, often occurring in the prenatal, perinatal (during birth), or early postnatal period. CP can vary in severity, ranging from mild motor skill delays to profound physical and intellectual disability.
The condition is lifelong, there is no cure, but with proper care, therapy, and support, children with CP can lead fulfilling lives.
How Medical Negligence Can Cause Cerebral Palsy
Many cases of cerebral palsy are linked to oxygen deprivation (hypoxia or anoxia) during labor and delivery. When a baby’s brain does not receive enough oxygen for even a few minutes, the resulting brain damage can be permanent.
Common medical errors that may lead to CP include:
- Failure to monitor fetal distress during labor
- Delayed response to signs of oxygen deprivation
- Prolonged or obstructed labor
- Improper use of delivery tools like forceps or vacuum extractors
- Delayed decision to perform a cesarean section
- Mishandling of umbilical cord issues, such as cord prolapse or compression
- Failure to treat maternal infections
- Mismanagement of high-risk pregnancies
- Anesthesia errors or surgical complications
If healthcare providers fail to follow established standards of care and that failure results in a brain injury leading to cerebral palsy, they may be held legally accountable.
Types and Symptoms of Cerebral Palsy
There are several forms of cerebral palsy, each with unique symptoms and implications for daily living:
- Spastic CP
The most common type. It causes stiff muscles and exaggerated reflexes, affecting movement and coordination. May involve one limb or the entire body.
- Dyskinetic CP
Causes involuntary, uncontrolled movements, often affecting the face, arms, and legs.
- Ataxic CP
Affects balance and depth perception. Children may have difficulty with coordination, speech, and walking.
- Mixed CP
A combination of symptoms from different types.
Common signs of CP in infants and young children include:
- Delayed developmental milestones
- Poor muscle control or floppy limbs
- Favoring one side of the body
- Difficulty with crawling, standing, or walking
- Seizures
- Feeding difficulties
If your child exhibits these symptoms and had a difficult birth or complications, it may be worth investigating whether medical negligence played a role.
Diagnosing Cerebral Palsy
Cerebral palsy is typically diagnosed in early childhood based on:
- Developmental delays
- Neurological exams
- MRI or CT scans showing brain damage
- Muscle tone and movement assessments
Sometimes, diagnosis does not occur until age two or later. If you’re unsure whether your child’s condition was caused by medical malpractice, we offer free consultations to help you explore the timeline and facts of your child’s birth.
Damages You Can Recover in a Cerebral Palsy Lawsuit
Raising a child with cerebral palsy often requires extensive, long-term care. Families may face a lifetime of financial burdens, emotional stress, and personal sacrifices. A successful malpractice claim can provide the financial support your family needs, including:
Economic Damages:
- Past and future medical expenses
- Physical, speech, and occupational therapy
- Special education and tutoring
- Assistive technology and medical equipment
- Modifications to your home or vehicle
- Loss of parental income due to caregiving responsibilities
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of enjoyment of childhood
- Permanent disability or disfigurement
In extreme cases of gross negligence or reckless conduct, punitive damages may also be awarded to punish the provider.
How Our Cerebral Palsy Attorneys Can Help
Cerebral palsy cases are medically and legally complex. At McWhirter, Bellinger & Associates, we know how to build strong cases by working with expert medical witnesses, reviewing thousands of pages of records, and identifying where care went wrong.
Our legal team will:
- Conduct a detailed investigation into your child’s labor and delivery records
- Consult with top pediatric neurologists and obstetricians
- Identify liable healthcare providers or institutions
- File all necessary legal documents and handle negotiations
- Fight for full and fair compensation, whether by settlement or trial
Most importantly, we offer compassionate, family-focused representation throughout the entire process. We know this is more than just a legal case, it’s your child’s future.
Who Can Be Held Liable?
Depending on the facts of the case, one or more of the following parties may be responsible for a child’s cerebral palsy diagnosis:
- Obstetricians or gynecologists
- Labor and delivery nurses
- Anesthesiologists
- Midwives
- Hospitals or birthing centers
- Radiologists or ultrasound technicians
- Medical staff who failed to act on warning signs
Our birth injury attorneys will conduct a thorough investigation to determine every potentially liable party.
Why Choose McWhirter, Bellinger & Associates?
For decades, McWhirter, Bellinger & Associates has been a trusted advocate for injured families across South Carolina. We bring deep experience in birth injury litigation, medical malpractice law, and complex medical investigations.
When you choose us, you get:
- AÂ free, no-obligation consultation
- Legal representation on a contingency fee basis, you pay nothing unless we win
- Access to nationally respected medical experts
- Personalized attention and compassion from day one
We operate out of seven convenient offices across the Midlands, proudly serving families statewide.
Contact Our South Carolina Cerebral Palsy Lawyers Today
If you suspect that your child’s cerebral palsy was caused by a preventable medical mistake, don’t wait to get the answers and support your family deserves. The path forward can be challenging, but you don’t have to walk it alone.
Call McWhirter, Bellinger & Associates today. It won’t cost you anything to see if we can help.®
