A Pittsburgh cerebral palsy lawyer at Munley Law helps families pursue justice when preventable medical errors change a child’s future. We understand the emotional and financial strain that a cerebral palsy diagnosis can bring, and we are here to guide you every step of the way.
For nearly 70 years, Munley Law Personal Injury Attorneys has earned recognition for excellence in personal injury law, including memberships in the Multi-Million Dollar Advocates Forum and consistent listings in Best Lawyers in America and Super Lawyers.
We work with leading medical experts to uncover what went wrong and build strong malpractice claims. Our team has secured significant verdicts and settlements for families facing lifelong care needs.
If your child’s condition may have been preventable, the Pittsburgh birth injury lawyers at Munley Law can help you understand your legal options and pursue compensation. Contact us for a free consultation today.
Call Us At 844-686-5397 What Is Cerebral Palsy?
The Centers for Disease Control and Prevention (CDC) defines cerebral palsy as the most common motor disability in childhood; it is believed to affect about 1 in 345 children in the United States. Cerebral palsy impacts movement, balance, and posture and is caused by abnormal brain development or damage.
Not all children suffer from cerebral palsy in the same way, as it can be mild to severe. There are four types of cerebral palsy:
- Spastic Cerebral Palsy: Spastic cerebral palsy is the most common form of the disease, impacting about 80 percent of those with cerebral palsy. Signs of spastic cerebral palsy include stiff, jerky movements due to increased muscle tone. It can affect different body parts, such as the legs and arms, on one or both sides. For some people with severe spastic quadriplegia, cerebral palsy impacts all limbs, the trunk, and the face.
- Dyskinetic Cerebral Palsy: Dyskinetic cerebral palsy causes uncontrollable movements that impact the hands, arms, feet, and legs. It can cause tight or loose muscle tone, changing over the course of the It can also impact the face and tongue for some people, making swallowing and talking difficult.
- Ataxic Cerebral Palsy: Ataxic cerebral palsy affects a person’s balance and coordination, making them unsteady when walking or making quick movements.
- Mixed Cerebral Palsy: Some people experience more than one form of cerebral palsy. The most common is spastic-dyskinetic cerebral palsy.
What Causes Cerebral Palsy?
Several things could cause a child to develop cerebral palsy, which results from abnormal brain development or damage to the brain.
Cerebral palsy that occurs during birth is due to a lack of oxygen, typically during a difficult labor and delivery. However, these cases of cerebral palsy are pretty low.
Congenital cerebral palsy, however, is much more common, accounting for 85 to 90% of all cerebral palsy diagnoses. Congenital cerebral palsy occurs before birth and can occur due to the following:
- Low birth weight
- Premature birth
- Multiple births, such as twins or triplets
- Children born from infertility treatments
- Infections during pregnancy
- Jaundice and kernicterus
- Neonatal stroke
- Mothers with health conditions, including thyroid diseases, intellectual disability, or seizure disorders
- Birth complications, including detachment of the placenta, uterine rupture, or issues with the umbilical cord
What Are the Early Signs and Symptoms of Cerebral Palsy in Infants and Toddlers?
Cerebral palsy may not be found in a child right away. Instead, making a precise diagnosis can take months or even years.
Early indicators of cerebral palsy in infants and toddlers include:
- Inability to lift the head
- Poor muscle tone
- Stiff muscles
- Poor coordination and balance
- Delay in milestones
- Difficulty swallowing and excess drooling
- Muscle spasticity
- Involuntary movements
- Difficulty with speech and fine motor functions
The severity of a child’s cerebral palsy will ultimately determine what signs and symptoms they have.
How Do Doctors Diagnose Cerebral Palsy?
There is no singular test to diagnose cerebral palsy or Erb’s palsy. However, there are exams physicians can do to narrow down potential diagnoses.
At birth, doctors will look for neurological conditions such as reduced heart rate, increased or decreased muscle tone, muscle reflexes, and poor breathing and crying.
Doctors also use the Apgar test to assess a baby at 1, 5, and 10 minutes after birth. This test measures the baby’s skin appearance, heart rate, reflexes, muscle tone, and breathing. A score of three or less five minutes after birth can be a sign of oxygen deprivation, a sign of cerebral palsy.
Children who do not show immediate cause for concern for cerebral palsy may not be diagnosed until they are toddlers or older. Tests for toddlers include further physical exams, CT scans, MRIs, X-rays, EOS imaging, and genetic tests.
How Is Cerebral Palsy Treated?
There is no cure for cerebral palsy. However, there are methods of therapy that can help alleviate pain and symptoms of cerebral palsy.
Cerebral palsy treatments include:
- Medication
- Surgery
- Therapies such as physical therapy, occupational therapy, and speech therapy
- Adaptive equipment such as walkers and braces
Is Your Child’s Cerebral Palsy the Result of Medical Malpractice?
In some cases, a cerebral palsy diagnosis is the result of a birth injury caused by medical malpractice. Cerebral palsy due to a negligent medical professional includes:
- Untreated infections while the mother is pregnant
- Hypoxic-Ischemic Encephalopathy (HIE)
- Fetal distress and a failure to perform a C-section
- Use of Pitocin to induce labor
To determine if brain damage occurred due to a negligent doctor during the prenatal period or delivery, our experienced attorneys will need to review your child’s medical records carefully.
What Are the Forms of Recovery Available for Birth Injury Cases in Pittsburgh?
Recovery available in a cerebral palsy lawsuit includes:
- Medical care, including future medical expenses
- Lost wages
- Ongoing therapy costs
- Diminished earning capacity
- Special education costs
- Adaptive equipment and home modifications
- Home healthcare
In some cases, non-economic damages may be awarded, which include:
- Pain and suffering
- Diminished quality of life
- Disfigurement, scarring, disability, and physical impairment
- Mental anguish
- Loss of consortium
Victims may also be entitled to punitive damages if a medical professional was reckless or grossly negligent.
How is Compensation Calculated in Medical Malpractice Claims?
The amount of compensation you are entitled to in a medical malpractice claim ultimately depends on the severity of your child’s birth injuries. The judge will consider the past, current, and future medical needs of raising a child diagnosed with cerebral palsy.
How Our Attorneys Can Handle a Cerebral Palsy Birth Injury Case
Not all personal injury lawyers are equipped to handle the complexities of a birth injury lawsuit, especially one where a child developed cerebral palsy.
Our Pittsburgh cerebral palsy attorneys work closely with medical experts to determine the severity of the brain injury, what medical errors occurred, and what your child’s long-term needs will be.
Talk To An Experienced Pittsburgh Birth Injury Lawyer To Learn More
Cerebral palsy due to medical negligence can be devastating to a family. Families often have to restructure their entire lives to figure out how to care for their child’s permanent condition, impacting their finances and way of life.
Someone must be held accountable. At Munley Law, we seek justice for the families of children born with neurological disorders, including cerebral palsy.
In past cerebral palsy cases, we have helped families secure compensation for:
- Medical care
- Assistive devices
- Lost wages
- Future care
- Pain and suffering
Birth injury cases are complicated, as the child technically has until they turn 20 to file a birth injury claim. However, it is best to seek a free initial consultation to determine if it’s best to fight for legal action now, as evidence may become more challenging to find as time passes. But remember, if you seek compensation on your child’s behalf, they cannot do so in the future.
This makes connecting with an experienced Pittsburgh cerebral palsy lawyer all the more critical.
Frequently Asked Questions About Cerebral Palsy Claims in Pittsburgh
How Do I Know If My Child’s Cerebral Palsy Was Preventable?
Determining preventability requires a detailed review of prenatal, labor, and delivery records. Medical experts look for signs of delayed intervention, oxygen deprivation, or untreated complications. If a provider failed to meet the standard of care, the condition may have been avoidable. An experienced attorney can coordinate expert medical evaluations to uncover the truth.
What Is Hypoxic-Ischemic Encephalopathy (HIE) and How Is It Related to Cerebral Palsy?
HIE is a type of brain damage caused by reduced oxygen and blood flow to a baby’s brain. It is one of the most common preventable causes of cerebral palsy. This often occurs during prolonged or complicated labor. Prompt medical intervention is critical to reduce harm.
How Long Do I Have to File a Cerebral Palsy Lawsuit in Pittsburgh?
In Pennsylvania, birth injury claims have unique statute of limitations rules because they involve minors. Typically, a child may have until age 20 to file a claim. However, parents pursuing claims on behalf of their child may face shorter deadlines. Acting early helps preserve evidence and strengthen the case.
What Evidence Is Needed to Prove Medical Negligence?
Key evidence includes metal records, fetal monitoring strips, imaging results, and expert testimony. Specialists analyze whether doctors responded appropriately to complications. Documentation of delays or errors is often central to proving liability, and strong cases rely heavily on medical expert opinions.
Can Pittsburgh Hospitals Be Held Liable for Birth Injuries, or Just Doctors?
Both hospitals, like UPMC Magee-Womens Hospital, West Penn Hospital, AHN Wexford, UPMC Mercy, and UPMC Passavant, and individual providers can be held accountable in a cerebral palsy/medical malpractice case. Liability depends on who was responsible for the negligent care. In some cases, multiple parties share responsibility. A thorough investigation identifies all liable entities.
Munley Law Fights For Children Who Suffered Birth Injuries
If you or your child’s cerebral palsy may be the result of negligent medical care, choosing a firm with the right experience and resources is critical.
At Munley Law, we bring nearly seven decades of experience handling complex personal injury and medical malpractice cases. Our attorneys have held leadership roles in respected organizations, including the American Association for Justice and state trial lawyer associations, reflecting our commitment to advocating for injured patients and improving standards of care.
We work closely with trusted medical experts to investigate birth injuries, identify where errors occurred, and build strong, evidence-based claims.
Munley Law has secured significant recoveries in high-stakes medical malpractice cases, helping families obtain the financial support needed for lifelong medical care, therapy, and specialized equipment. As a family-run firm, we take a hands-on, compassionate approach while preparing every case for trial, should the need arise.
We handle cases on a contingency fee basis, so you pay nothing unless we win. Contact Munley Law today for a free, no-obligation consultation to discuss your legal options.
Marion Munley
Marion Munley is a triple board-certified trial attorney and a two-time Best Lawyers “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs in Northeastern Pennsylvania (2021, 2023). She has recovered millions for victims of surgical errors, misdiagnosis, and wrongful death, including a $4.35 million medical malpractice settlement and a $3.2 million recovery for a woman misdiagnosed with cancer. A Pennsylvania Super Lawyer since 2004 and a member of the International Society of Barristers, Marion has also published on emerging malpractice issues, including the liability risks associated with electronic health records and 3D-printed medical devices.
