by Steve Crandall on May. 24, 2019

Accident & Injury 


When a child is born with brain damage, this can be hard for a parent to accept. Not only can birth complications be traumatizing for the mother, but knowing that your child will have a life-long disability can be overwhelming. It can potentially lead to parental mental health issues as well as problems bonding with the child.

If your child was diagnosed with cerebral palsy at birth, the child and the entire family will need a range of support services. It is important that you are able to pinpoint the cause of cerebral palsy. By doing so, you will be able to determine whether it will be possible to claim back monetary damages as part of a medical malpractice claim.

Can cerebral palsy be caused by a birth injury?

There are many different types of cerebral palsy, and there are also multiple ways that it can be caused. Cerebral palsy can be caused while the fetus is in the womb or after the child is born. In addition, it is estimated that 20% of those with cerebral palsy acquired the condition as a result of a birth injury, meaning that their condition resulted from complications during the delivery process.

Can I make a medical malpractice claim if cerebral palsy was caused by a birth injury?

Complications during birth can often arise, and sometimes it is not possible for even the most competent of doctors and nurses to foresee and prevent them. However, in many cases, serious birth complications result from negligence on behalf of the medical provider.

If you can show that negligence was exhibited by a single medical professional or by a collective entity such as the hospital itself, you may be able to file a successful medical malpractice claim. In order to achieve this, you must be able to make a clear link between the negligence exhibited and the damages suffered in the birth injury. By doing so, you may be able to claim back significant monetary damages that you will be able to use to fund your child's care.

It is important that you are able to get justice for your child if they have been injured during birth. By understanding the law in Ohio, you will be better equipped to do this.

Legal Articles Additional Disclaimer is not a law firm and does not offer legal advice. Content posted on is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, recommends that you contact a lawyer to review your specific issues. See's full Terms of Use for more information.