Learning that a child’s condition traces back to preventable errors during pregnancy, labor, or delivery can feel like the ground has shifted beneath an entire family. Cerebral palsy changes the shape of a child’s future, and when negligence played a role, families deserve answers about what happened and why.
We built our birth injury practice in Fort Wayne to help families in exactly this position. Wagner Reese LLP has spent decades representing Indiana families affected by preventable birth injuries, and we understand both the medical complexity of a cerebral palsy diagnosis and the financial weight it places on a household for years to come.
What Causes Cerebral Palsy in Newborns?
Cerebral palsy develops from abnormal brain development or damage to a developing brain, and it affects a child’s ability to control muscles, balance, and posture for life. According to the Centers for Disease Control and Prevention, cerebral palsy is the most common motor disability in childhood, and roughly 80 percent of children with the condition have spastic cerebral palsy, meaning stiff muscles and awkward movement patterns. The CDC’s overview of cerebral palsy also notes the condition does not worsen over time, though symptoms can change as a child grows.
Most cases of cerebral palsy are congenital, meaning the brain damage occurred before or during birth. Oxygen deprivation during labor, untreated maternal infections, delayed emergency C-sections, and improper use of delivery tools such as forceps or vacuum extractors can all contribute to the kind of brain injury that results in cerebral palsy. When a delivery team fails to monitor fetal distress, misreads warning signs on a fetal heart monitor, or delays intervention past the point it was medically necessary, a family may have grounds for a medical malpractice claim.
Why Medical Negligence Often Goes Unnoticed at First
Many families do not immediately connect their child’s diagnosis to something that happened in the delivery room. Cerebral palsy symptoms often surface gradually, sometimes not becoming apparent until a child misses developmental milestones months or years later. By the time a formal diagnosis arrives, parents may have already accepted the explanation given by their medical providers without ever learning that a different course of action during labor could have prevented the injury altogether.
This is one of the reasons a careful review of medical records matters so much. Our Fort Wayne medical malpractice lawyers work with medical experts to examine labor and delivery records, fetal monitoring strips, and hospital protocols to determine whether a child’s cerebral palsy resulted from a preventable error rather than an unavoidable complication.
How We Build a Cerebral Palsy Case
Building a strong cerebral palsy case requires more than identifying that an error occurred. We have to establish that the error directly caused the injury and that it fell below the accepted standard of care for the circumstances. This typically involves obstetric experts, neonatologists, and life care planners who can speak to both the medical failure and the long-term impact on the child.
We also recognize that cerebral palsy is not the only birth injury families bring to us. Some of our clients come to us after a child was diagnosed with a related nerve injury instead, and our Erb’s palsy and brachial plexus birth injury page covers how those cases differ in cause and treatment. Whatever the specific diagnosis, our approach starts with a full picture of what happened during pregnancy, labor, and delivery, since even small deviations in timing or technique can carry lasting consequences for a newborn.
What a Cerebral Palsy Settlement Can Cover
A successful claim accounts for far more than the medical bills already paid. Families raising a child with cerebral palsy often face:
- Lifetime care costs: including physical, occupational, and speech therapy, along with adaptive equipment as the child grows.
- Home and vehicle modifications: to accommodate mobility devices and changing physical needs over time.
- Lost income: for parents who reduce work hours or leave employment to provide full-time care.
- Pain and suffering: for both the child and the family navigating a lifelong diagnosis.
Calculating these costs requires looking decades into the future, not just at the expenses already incurred. We work with financial and medical experts to project what a child’s care will realistically cost over a lifetime, so a settlement or verdict reflects the true scope of what the family will need.
Why Families Across Fort Wayne Choose Wagner Reese LLP
Cerebral palsy cases sit at the intersection of complex medicine and complex law, and few firms handle both sides as thoroughly as we do. We have represented Indiana families through some of the state’s most demanding birth injury and medical malpractice cases, and we understand how hospitals and insurers approach these claims from the opposing side.
We also know that no two families’ needs look the same. Some parents want a lawyer who explains every step in plain language. Others want a firm that can move quickly toward resolution. We meet families where they are and stay in close contact throughout a case that can span months or years, because a cerebral palsy claim is rarely resolved on a short timeline.
Talk to a Fort Wayne Cerebral Palsy Lawyer at Wagner Reese LLP
Fort Wayne families deserve to know whether their child’s cerebral palsy could have been prevented, and they deserve a legal team that will pursue that answer with the same seriousness the diagnosis demands. If your child was diagnosed with cerebral palsy and you suspect a medical error contributed to it, we encourage you to reach out for a conversation about what happened during delivery.
Our cerebral palsy attorneys at Wagner Reese LLP are ready to review your child’s medical records and help you understand your legal options at no cost. Contact us today through our contact form to schedule a free, confidential consultation with our Fort Wayne team.