Cerebral palsy is a group of neurological disorders that affect a child’s movement, muscle control, and posture. It is caused by abnormal brain development or damage to the developing brain, and in many cases, that damage is the direct result of something that went wrong during pregnancy or delivery. For families in Evansville whose child was diagnosed with cerebral palsy after a difficult birth, the most painful question is often whether it could have been prevented. In some situations, the answer is yes, and medical negligence may be responsible.
When healthcare providers fail to monitor fetal distress, delay a necessary cesarean section, or misuse delivery tools, the consequences can be irreversible. Wagner Reese LLP represents families throughout Evansville and southern Indiana who believe their child’s cerebral palsy was caused by medical negligence during labor and delivery. Our attorneys have more than 150 combined years of legal experience, Trial Lawyer of the Year honors, Super Lawyers recognition, and a Tier-One Best Law Firm ranking from Best Lawyers in America. We are committed to pursuing full accountability for families harmed by preventable birth injuries. Learn more about our work across southern Indiana on our Evansville personal injury lawyer page.
Time Sensitive
Indiana’s two-year statute of limitations begins from the date of your accident.
Missing this deadline ends your right to compensation. Contact Wagner Reese as soon as possible to protect your claim.
How Medical Negligence Can Cause Cerebral Palsy
Cerebral palsy caused by events before or during birth is known as congenital cerebral palsy, and it accounts for the vast majority of all cases. According to the CDC, congenital cerebral palsy describes 85% to 90% of all CP diagnoses. Not every case is preventable, but a significant number involve failures by the medical team to recognize and respond to conditions that put the baby’s brain at risk.
Common forms of negligence that can lead to cerebral palsy include the following:
- Failure to monitor fetal heart rate and identify signs of oxygen deprivation during labor
- Delayed or improper response to umbilical cord complications such as cord prolapse
- Failure to order a timely cesarean section when fetal distress is present
- Improper use of forceps or vacuum extraction devices during delivery
- Failure to detect and treat maternal infections during pregnancy that increase the risk of brain injury
- Delayed treatment of jaundice or newborn hypoxia after birth
These failures deprive the baby’s developing brain of oxygen or cause direct trauma, resulting in the kind of brain damage associated with cerebral palsy. If the care provided deviated from accepted medical standards, the responsible parties may be held liable for the harm caused.
What Compensation Looks Like in a Cerebral Palsy Case
A cerebral palsy diagnosis reshapes a family’s entire future. Children with moderate to severe CP often require a lifetime of medical care, physical therapy, occupational therapy, and adaptive equipment. The financial burden can be substantial, and it should not fall entirely on a family when negligence played a role in causing the injury.
Compensation in a cerebral palsy malpractice case can include current and future medical expenses, the cost of long-term care and therapy, adaptive devices and home modifications, lost earning capacity for the child as an adult, and the pain and suffering experienced by the child and family. Our attorneys work with life care planners and medical professionals to build a complete picture of the damages your family has sustained and will continue to sustain. Our Evansville birth injury attorneys have handled cases involving the most serious birth-related injuries in Indiana.
Proving Cerebral Palsy Malpractice in Indiana
Proving medical malpractice in Indiana is not simple. You must demonstrate a healthcare provider failed to meet the accepted standard of care, and that this failure directly caused the child’s cerebral palsy. Indiana also requires that most malpractice claims first go through the Indiana Department of Insurance, where a medical review panel of licensed physicians evaluates whether the standard of care was met.
Our attorneys know this process thoroughly. We work with leading obstetric and neurological professionals to review medical records, labor and delivery documentation, and clinical protocols. We identify where care fell short and build the evidence needed to support a compelling claim. Families navigating this process benefit from working with attorneys who have handled the full range of birth injury cases, including claims involving infant brain injuries resulting from delivery room negligence. For a broader look at how we handle these matters, our Evansville medical malpractice attorneys are available to answer your questions.
Contact Wagner Reese LLP — Evansville Cerebral Palsy Attorneys
When a birth injury changes your child’s life, pursuing accountability matters. Wagner Reese LLP handles cases in Evansville and throughout Indiana on a contingency fee basis, which means you pay nothing unless we recover for you. The majority of our cases come from attorney referrals, a testament to the standing our firm has earned in the Indiana legal community. Our founding partners, Stephen Wagner and Jason Reese, have each received Trial Lawyer of the Year honors, and our firm has been recognized among Indiana’s most trusted medical malpractice practices.
Families dealing with a cerebral palsy diagnosis connected to a birth injury in Evansville should not wait to explore their options. Indiana’s medical malpractice filing deadlines are strict, and early action is critical to preserving evidence. Contact our team today to schedule a free consultation.
