Was Your Child Diagnosed With Cerebral Palsy: When it Could Be Medical Malpractice

Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on February 2, 2026 and updated on February 23, 2026.

A cerebral palsy diagnosis changes everything. Parents are often left with fear, confusion, and a quiet question that will not go away. Did something go wrong during pregnancy, labor, or delivery that could have been prevented?

At The Law Offices of Peter T. Nicholl, we speak with Baltimore families facing these questions every day. We represent parents across Baltimore, Maryland who believe medical mistakes may have caused their child’s cerebral palsy. We take these concerns seriously because the consequences last a lifetime.

This article explains when cerebral palsy may be linked to medical malpractice. It covers preventable birth injuries, missed warning signs, medical records, and Maryland laws that affect these claims. It also explains why acting quickly matters for families in Baltimore, MD.

If your child was diagnosed with cerebral palsy, call our Baltimore law firm at 410-244-7005. Waiting can limit your options and delay getting the help your child needs.

What Exactly Is Cerebral Palsy?

Cerebral palsy (CP) is a medical condition involving multiple neurological deficits. It can be caused by improper management of a pregnancy and especially the delivery of a baby.

CP affects movement and muscle control. It can impair basic functions of life, like speaking, eating, and walking. CP can also make learning difficult, impacting a person’s ability to work, and in many instances, requires significant medical care over the course of a lifetime.

CP varies in severity amongst individuals, but it is important to begin treating the condition as early as possible so that an individual can get the most benefit from different types of treatment. Cerebral palsy cannot be cured, but it can be managed with appropriate care. Many cases of cerebral palsy can be prevented by properly monitoring your pregnancy and delivering your child before it is too late.

Could My Child’s Cerebral Palsy Be Caused by Medical Malpractice?

Yes. In some cases, a child’s cerebral palsy is caused by preventable medical mistakes. These cases often involve a failure to protect the baby’s brain during labor, delivery, or in the moments immediately after the birth. When proper care is delayed or ignored, it can result in permanent injury.

Common preventable causes linked to medical malpractice include:

• Oxygen Deprivation During Labor: The baby shows distress, but doctors do not act quickly enough.
• Delayed Emergency C-section: There were signs of danger, but delivery was postponed.
• Improper Use of Delivery Tools: Forceps or vacuum devices were used incorrectly.
• Untreated Infections: Maternal or fetal infections are missed or left untreated.
• Failure to Respond: The medical provider did not provide timely breathing or oxygen support to the new infant.

Many parents may sense something is “off” even before they get an official diagnosis. While not every cerebral palsy diagnosis is the result of medical malpractice, you should trust your instinct if you feel something is wrong. We can help you look into what may have happened. You deserve answers to your questions, including whether your child’s injury could have been prevented with proper care.

What Happens During Birth That Can Lead to Cerebral Palsy?

During labor and delivery, a baby’s brain is highly vulnerable. When complications arise, medical teams have a critical window of time to protect the infant’s oxygen flow and blood supply. Delays or poor decisions during this short window can cause a permanent brain injury that leads to cerebral palsy.

Problems during birth that may lead to cerebral palsy include:

• Fetal distress Not Properly Addressed: Heart rate changes signal the infant is in danger, but the provider and/or medical team do not take timely action.
• Labor Lasts Too Long: A prolonged delivery increases the risk of oxygen loss.
• Umbilical Cord Issues: Compression or prolapse disrupts oxygen to the baby’s brain.
• Placental Problems: Abruption or failure limits blood flow to the baby.
• Delivery Complications: Improper handling causes trauma to the head or neck.

An experienced birth injury lawyer can review what happened during delivery and determine whether earlier action could have prevented injury.

When Is Cerebral Palsy Considered a Preventable Birth Injury?

Cerebral palsy is a preventable birth injury when timely medical care could have protected your child’s brain during labor or delivery. Injuries occurred because warning signs were missed or critical decisions were delayed. If this happened to your child, you may have a legal claim.

When it Is Time to Move Beyond Concern to Taking Legal Action

Sometimes parents feel unsure about their concerns or feel guilty about accusing someone. What you are doing is taking the first step and having your child’s medical records reviewed by a knowledgeable lawyer. This step could help you to find out if medical malpractice occurred.

At The Law Offices of Peter T. Nicholl in Baltimore, we have a highly qualified legal team that is ready to review your child’s medical records to determine whether your child’s cerebral palsy could have been prevented. We also explain the next steps you can take to protect your child’s rights.

How Your Child’s Medical Records Can Reveal Whether Cerebral Palsy Was Preventable

Your child’s medical records can provide crucial information about what happened during your labor, delivery, and the hours after birth. These records contain details that help determine whether timely care was provided and whether an injury could have been prevented.

Key documents that may be reviewed include:

• Labor and Delivery Notes: Documents the decisions, timing, and responses to any complications.
• Fetal Monitoring Records: Shows heart rate patterns and oxygen levels during labor.
• Newborn and NICU Records: Details the immediate care given after birth, including interventions and observations.
• Medication and Treatment Logs: Records medications that were given to the mother and baby, which can affect outcomes.

Why Cerebral Palsy Medical Malpractice Cases Are Unlike Other Birth Injury Claims

Cerebral palsy cases often involve lifelong care and support needs that extend far beyond the hospital stay. Because of the long-term impact on your child’s development and daily life, these cases require careful legal review and planning.

What makes these cases different includes:

• Ongoing Medical Care: Therapy, specialist visits, and treatments may continue for years — or a lifetime.
• Assistive Devices and Support Services: Equipment and services that are needed to help your child move, communicate, or learn.
• Educational and Developmental Planning: Special programs and accommodations your child may need.
• Family Impact: Increased demands on parents and siblings, including caregiving and lost work time.

These factors make it especially important to have your potential claim evaluated as soon as possible. Our knowledgeable birth injury lawyers in Baltimore are ready to review your child’s situation and determine whether you may be eligible to pursue a legal claim.

Maryland Laws That Impact Cerebral Palsy Medical Malpractice Claims

Maryland has specific laws that shape how and when families can pursue a medical malpractice claim for a child diagnosed with cerebral palsy. These laws set deadlines, outline required expert reviews and determine how evidence must be handled — all of which can affect your ability to take legal action.

Expert Affidavit Requirement

Maryland law requires an expert affidavit before a medical malpractice lawsuit can proceed. This sworn statement must come from a qualified medical professional with experience in the same field as the provider involved in your child’s care.

This step helps establish that your claim has a credible medical basis before the case moves forward.

Record Preservation Rules

Maryland law requires hospitals and medical providers to maintain birth and treatment records for set periods. These records are essential for evaluating whether your child’s cerebral palsy may have been preventable.

Your attorney can formally request and secure these records to ensure they are complete and protected. Timely preservation is critical because missing or incomplete records can prevent a claim from moving forward or impact its strength in court.

Frequently Asked Questions Parents Ask About Cerebral Palsy

Is cerebral palsy considered a birth injury?

Cerebral palsy (CP) results from brain injury or abnormal brain development, sometimes occurring before, during, or shortly after birth. In many cases, CP can be prevented by proper medical care during pregnancy and childbirth.

Is cerebral palsy preventable?

Many birth injuries can be avoided with proper medical monitoring and timely medical care. It is important to note, however, that each case is unique, and reviewing your child’s medical care is necessary to determine whether an injury could have been avoided.

What signs may indicate my child has cerebral palsy?

Even after a diagnosis, parents often notice early signs such as delayed milestones, unusual muscle tone, abnormal reflexes, or feeding difficulties. These observations can help provide context for evaluating your child’s medical care and legal options.

When should I talk to a lawyer about my child’s cerebral palsy?

It is important to consult a knowledgeable attorney as soon as you suspect that preventable errors may have contributed to your child’s condition. Acting quickly helps preserve records and meet Maryland’s legal requirements for filing a claim.

How do I know if my child’s cerebral palsy could have been prevented?

Determining preventability requires reviewing your child’s birth and medical records, consulting with medical experts, and evaluating whether care met accepted standards. The Law Offices of Peter T. Nicholl in Baltimore, Maryland can guide you through this process and explain your legal options.

Why Baltimore Families Turn to Our Firm After a Cerebral Palsy Diagnosis

Being told your child has cerebral palsy is devastating. This type of diagnosis has an extensive and emotional impact, raising questions about what could have caused it and whether it could have been prevented. You also need to know how you can protect your child’s future and make sure they get the care and support they need. Feeling overwhelmed and unsure about the next steps is normal, and it is important to have guidance you can trust.

At The Law Offices of Peter T. Nicholl, we have been helping parents seek justice for their children following a birth injury for decades. Our knowledgeable birth injury lawyers in Baltimore have extensive experience managing birth injury cases. We can evaluate your child’s situation to determine if any preventable errors may have occurred, answer your questions, and explain your legal options.

When we represent you, we guide you through every step of the legal process — preserving records, consulting medical experts, and understanding deadlines.

Call The Law Offices of Peter T. Nicholl at 410-244-7005 to speak with a knowledgeable attorney about your child’s case. Take the first step toward protecting their future.