What is Cerebral Palsy: Causes and Legal Implications in Florida

Cerebral Palsy (CP) is a lifelong neurological condition that affects movement, muscle tone, and posture. It is caused by abnormal brain development or damage that occurs before, during, or shortly after birth. While some cases of CP occur naturally, others result from medical negligence. Families who believe medical errors played a role in their child’s condition may have legal options to seek compensation.

This guide explains the causes of cerebral palsy, the legal implications of birth injuries in Florida, and the steps families can take to file a medical malpractice lawsuit. If your child has been diagnosed with CP and you suspect malpractice, you may be entitled to compensation to cover medical expenses, therapy, and long-term care.

What is Cerebral Palsy?

Cerebral Palsy is a group of disorders that impact a person’s ability to move and maintain balance and posture. It is the most common childhood motor disability, affecting approximately 1 in 345 children in the United States.

Symptoms of Cerebral Palsy
CP symptoms vary based on severity and type, but common signs include:

Muscle stiffness or floppiness
Difficulty walking or maintaining balance
Uncontrolled movements or tremors
Delayed motor skill development
Speech and swallowing difficulties

Cerebral Palsy is not a progressive disease, meaning it does not worsen over time. However, symptoms may change as the child grows.

Causes of Cerebral Palsy

CP can be caused by multiple factors, including genetic conditions, infections, or complications during birth. Understanding the cause is critical when determining whether medical malpractice played a role.

Prenatal Causes (Before Birth)
These causes affect the baby during pregnancy:

Infections during pregnancy (rubella, toxoplasmosis, cytomegalovirus)
Lack of oxygen to the brain (fetal hypoxia)
Exposure to toxins (alcohol, drugs, environmental hazards)
Genetic mutations affecting brain development
Maternal health issues (diabetes, high blood pressure)

Perinatal Causes (During Birth)
These complications occur during labor or delivery:

Oxygen deprivation (birth asphyxia)
Prolonged or difficult labor (fetal distress)
Premature birth and low birth weight
Medical errors, such as:
- Failure to monitor fetal distress
- Delayed C-section when needed
- Improper use of forceps or vacuum extractors

Postnatal Causes (After Birth)
These factors can cause brain damage in newborns:

Severe infections (meningitis, encephalitis)
Jaundice leading to kernicterus (brain damage from high bilirubin levels)
Traumatic brain injury
Near-drowning or suffocation incidents

When CP is caused by medical errors during birth, parents may have grounds for a lawsuit.

Legal Implications of Cerebral Palsy in Florida

If medical negligence contributed to a child’s CP, families may be eligible for compensation. Florida law provides legal options for pursuing a birth injury claim.

Medical Malpractice & Birth Injury Lawsuits
A medical malpractice claim arises when a healthcare provider fails to follow the accepted standard of care, resulting in harm to the patient. In CP cases, this could include:

Failure to monitor fetal distress
Delayed C-section despite signs of distress
Incorrect use of delivery tools (forceps, vacuum extraction)
Medication errors that harmed the baby
Failure to treat maternal infections that affected the baby’s brain development

To prove malpractice, families must demonstrate:

A doctor-patient relationship existed (the healthcare provider owed a duty of care).
The doctor was negligent (failed to follow proper medical practices).
The negligence caused harm (CP resulted from the doctor’s actions).
The child suffered damages, such as medical expenses, pain, and lost quality of life.

Florida’s Statute of Limitations for Medical Malpractice
Time limits apply when filing a lawsuit. In Florida:

Parents must file a medical malpractice claim within two years of discovering the injury.
The claim cannot be filed later than four years from the date of the negligent act.
For minors under eight years old, the deadline may be extended.

Exception: If fraud or intentional cover-ups delayed the discovery of malpractice, the time limit may be extended.

Florida’s NICA Program (No-Fault Compensation)
Florida has a unique birth-related injury compensation program (NICA) that provides financial relief to families of children who suffer severe birth injuries.

Who Qualifies for NICA?

The injury must have occurred during labor, delivery, or resuscitation immediately after birth.
The child must have permanent and substantial neurological damage.

Important: Accepting NICA benefits may prevent families from filing a traditional malpractice lawsuit. Consulting a lawyer can help determine the best course of action.

How to File a Lawsuit for Cerebral Palsy in Florida

Filing a birth injury lawsuit requires evidence and expert testimony. Here are the key steps:

Gather Medical Records
Obtain copies of prenatal, labor, delivery, and neonatal medical records. These documents provide crucial evidence of potential negligence.

Consult Medical Experts
A medical expert (usually an obstetrician or neonatologist) must review the records to determine if malpractice occurred.

Hire a Birth Injury Attorney
An experienced attorney can help:

Investigate the case
Identify liable parties (doctors, hospitals, medical staff)
Calculate the full extent of damages

File a Notice of Intent to Sue
Florida law requires that parents file a Notice of Intent to Sue before proceeding with a lawsuit. This allows the healthcare provider a chance to settle before trial.

Prove Negligence in Court
To win a lawsuit, the family must prove:

A healthcare provider’s negligence directly caused the child’s CP.
The family has suffered significant financial, emotional, and physical burdens.

What Compensation Can Families Receive?

A successful lawsuit can provide compensation for:

Medical expenses (current and future costs)
Physical, occupational, and speech therapy
Assistive devices (wheelchairs, braces, communication aids)
Pain and suffering
Lost wages (if a parent must stop working to provide care)
Home modifications (wheelchair ramps, accessible bathrooms)
Long-term care costs

Some settlements reach millions of dollars, depending on the severity of the injury and lifetime care needs.

Frequently Asked Questions

Can I sue if my child’s CP was caused by premature birth?
Prematurity alone does not prove malpractice. However, if medical errors led to premature delivery, you may have a case.

How long do birth injury lawsuits take?
Cases can take several months to years, depending on complexity. Many settle before reaching trial.

Do I need to go to court?
Many cases settle out of court. Your lawyer will negotiate on your behalf.

Can I afford a birth injury attorney?
Most CP attorneys work on a contingency fee basis, meaning you pay nothing unless you win compensation.

Call to Action: Get Legal Help Today

If your child has cerebral palsy and you suspect medical malpractice, don’t wait. Florida has strict deadlines for filing birth injury claims. A skilled birth injury lawyer can review your case for free and help you secure the compensation your child needs for a better future.

Contact Rafferty Domnick Cunningham & Yaffa today for a free consultation!