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Settlement Value of Cerebral Palsy Malpractice Cases in Massachusetts

Cerebral palsy is a congenital disorder of movement, posture, or muscle tone that occurs as a result of abnormal brain development that generally occurs before birth. While this disorder is rare, with reports of less than 200,000 children born with cerebral palsy each year, a diagnosis of this disorder can lead to a lifetime of difficulties. If your child has been diagnosed with cerebral palsy as a result of medical negligence that occurred before your child was born, you may be owed compensation for your losses. While money could never reverse the injury your child has suffered, you still deserve justice from those who are responsible for the financial and emotional losses. 

Our cerebral palsy malpractice lawyers at Sweeney Merrigan Law, LLP have over 100 years of combined experience representing individuals and families who have been injured because of medical negligence. Contact our law firm in Massachusetts at (617) 391-9001 or fill out our contact form for a free consultation with a trusted cerebral palsy malpractice attorney. 

Can Medical Malpractice Lead to Cerebral Palsy?

Doctors and other medical professionals hold a duty of care to keep their patients safe. However, that is not always the case. Unfortunately, when a doctor or other medical professional acts negligently, their actions may lead to a child being born with the disorder cerebral palsy. Cerebral palsy has often been caused as a result of serious brain injuries due to delivery or birth complications like lack of oxygen reaching the infant’s brain. 

Patients trust doctors to be able to safely deliver their babies. With the extensive training and certification that medical professionals undergo, they should have the knowledge to be able to diagnose and treat conditions that could lead to cerebral palsy in a newborn. If a medical professional is negligent, their failure to uphold their duty of care may make them responsible for the losses incurred. There is no cure for this disorder, and children born with it will deal with the debilitating symptoms for the rest of their lives. If your child has been diagnosed with cerebral palsy as a result of medical negligence, our team of attorneys may be able to help your claim by proving the liability of the guilty party. 

What Determines the Settlement Amount for a Cerebral palsy Malpractice Case?

In most cases, it is important to understand what exactly caused your child to be born with cerebral palsy. The clearer the cause of the disorder, the stronger your claim will be. In order to prove that your child’s cerebral palsy was caused my medical malpractice, there are several periods of time that will be examined:

Prenatal Period

Also referred to as the period before birth, the prenatal period may provide information about whether or not your child’s disorder was caused by medical negligence:

  • Genetics: While uncommon, mutated genes can occasionally lead to a child being born with cerebral palsy.
  • Infection: If the mother or child had an infection before birth, it could lead to the disorder.
  • Placental Insufficiency: When the placenta does not develop or form properly, this can cause cerebral palsy in the infant. 
  • Prematurity: When a child is born before 37 weeks, they may not have a fully developed brain which can lead to a cerebral palsy diagnosis. 

When making a claim for cerebral palsy malpractice, the insurance providers will investigate every possibility that could have led to your child’s diagnosis that would diminish the fault of the medical professional. 


The perinatal, or during birth, period leaves newborns especially vulnerable to injuries that may occur during the birth process and result in cerebral palsy:

  • Infection: If the child or mother develops an infection during the birth process, it may cause the child to suffer from cerebral palsy.
  • Oxygen Deprivation: If medical malpractice occurred during the birth process, it may have led to oxygen deprivation which can cause cerebral palsy.

If an injury befell your child during the birthing process that led to them being diagnosed with cerebral palsy, you may have a case of cerebral palsy malpractice. 

Postnatal Period

After the birth of your child, there are still injuries that may occur and cause cerebral palsy.

  • Head Injury: If the baby suffered head trauma as a result of medical negligence, they may suffer from cerebral palsy as a result.  
  • Oxygen Deprivation: If oxygen deprivation occurred immediately after the birth, this could be due to medical malpractice. 
  • Stroke: If your child has a stroke, it may cause cerebral palsy.

If you believe your child has suffered from cerebral palsy due to medical malpractice, our team of dedicated malpractice lawyers has the experience to help you build your case. 

Contact a Cerebral Palsy Malpractice Lawyer in Massachusetts

Our medical malpractice team comprises experienced attorney Kyle A. Camilleri and our medical records reviewer Amy Nichols.

Contact our office to schedule a free consultation to discuss your case with a cerebral palsy malpractice attorney by filling out our contact form or calling (617) 391-9001.

Meet the Personal Injury Attorneys at Sweeney Merrigan Law, LLP