February 18, 2025 from Sommers Roth & Elmaleh
Cerebral palsy (CP) caused by birth injury is a life-altering condition that affects not only the child but also the entire family. It is the most common physical disability in children, affecting approximately 2 to 3 out of every 1,000 children in Canada. Tragically, many cases are linked to preventable medical errors during childbirth, leaving families to face emotional, physical, and financial hardships.
What Is Cerebral Palsy and How Can Birth Injuries Cause It?
Cerebral palsy is a neurological condition that results from brain damage or abnormal brain development, affecting movement, posture, and motor function. Depending on the severity, children may experience difficulties with muscle tone, balance, coordination, and speech.
Types of CP include:
- Spastic CP – Stiff, tight muscles.
- Athetoid CP – Involuntary movements.
- Ataxic CP – Poor balance and coordination.
While some causes of CP are unpreventable, such as premature birth or maternal infections, many cases result from birth injuries due to medical negligence.
Common scenarios include:
- Failure to monitor fetal distress (e.g., abnormal heart rates), leading to oxygen deprivation and brain damage.
- Improper use of delivery tools like forceps or vacuum extractors, causing head trauma.
- Delayed responses to complications such as prolonged labour or umbilical cord issues.
In many cases, timely and appropriate medical care could have prevented these outcomes.
The Emotional, Physical, and Financial Burdens for Families
A cerebral palsy diagnosis due to birth injury brings immense challenges:
- Emotional: Parents may experience grief, anxiety, and guilt as they navigate their child’s condition.
- Physical: Providing daily care for a child with CP is physically demanding, often requiring round-the-clock attention.
- Financial: The costs of therapies, assistive devices, home modifications, and specialized education can be overwhelming, often reaching hundreds of thousands of dollars over a lifetime.
While early diagnosis and therapy can improve outcomes, many families require financial support to access the resources their child needs.
Why Financial Compensation Matters
Financial compensation from a successful medical malpractice claim can help families:
- Access advanced therapy programs to enhance mobility and communication.
- Make home renovations for accessibility and safety.
- Secure long-term care for the child’s evolving needs.
For parents, compensation provides peace of mind—knowing their child’s future is protected.
Proving Medical Negligence: Building a Legal Case
To pursue a claim for cerebral palsy caused by birth injury, families must prove medical negligence. This involves:
- Reviewing Medical Records: Examining decisions made during labour and delivery to identify potential errors.
- Expert Testimony: Medical experts assess whether standard procedures were followed and explain how negligence led to CP.
- Meeting Legal Deadlines: In Ontario, families typically have two years from when they discover the injury to file a claim. Missing this window may forfeit compensation rights.
The Path to Accountability
Cerebral palsy caused by birth injury is often preventable, and when medical negligence is to blame, families deserve answers and support. Legal action can not only provide financial relief, but also help bring accountability to the healthcare system.
If you believe your child’s cerebral palsy was caused by a birth injury, don’t wait to explore your options. Early action can help ensure your child’s needs are met now—and for years to come.
At Malpractice Check, we are dedicated to providing honest, unbiased opinions on medical malpractice concerns. Whether you’re seeking peace of mind or preparing to present your case to a lawyer, our trusted experts are here to help you navigate the complexities of healthcare errors with professionalism, compassion, and integrity. Contact us today to learn more.