If your child has been diagnosed with cerebral palsy and you believe medical negligence played a role, a Wilkes-Barre cerebral palsy lawyer at Munley Law can help you understand your legal options and determine whether a medical malpractice claim may be appropriate. Cerebral palsy can require lifelong medical treatment, therapy, adaptive equipment, and ongoing support, placing significant emotional and financial demands on families. Munley Law has the experience, expertise, and resources to help you pursue the compensation necessary to cover the needs of your child after an act of negligence by a medical professional.
Our firm has been highly rated by Best Law Firms, while our attorneys continue to be awarded and honored by respected bodies and publications. Among these are Best Lawyers, Lawdragon, Super Lawyers, Legal Intelligencer, Irish Legal 100, and the American Association For Justice. You can be sure that when you ask our Wilkes-Barre birth injury lawyers to fight for fair compensation on your behalf, you’re choosing a highly respected and experienced team to walk alongside you.
Don’t wait to seek justice for your child. Contact us today to schedule a free first consultation with our award-winning lawyers. We’re available 24 hours a day, 7 days a week, and there’s no fee unless we win your case.
Call Us At 844-686-5397 What is Cerebral Palsy?
Cerebral palsy (CP) is not a single condition but a group of permanent movement disorders that vary in severity. Some children experience mild muscle stiffness, while others require lifelong assistance with mobility, communication, and daily activities. Doctors often classify cerebral palsy into spastic, dyskinetic, ataxic, or mixed forms, and the child’s functional abilities may be evaluated using the Gross Motor Function Classification System (GMFCS).
This neurological disorder affects movement, muscle tone, and posture. It is caused by abnormal brain development or damage to the developing infant’s brain, often occurring before birth or during the period after delivery. Cerebral palsy can result from various factors, including a birth injury such as fetal stroke, fetal distress, or a lack of oxygen to the baby’s brain during the delivery process.
Medical professionals can often diagnose CP based on the child’s medical records and physical symptoms. While the exact cause of cerebral palsy is not always clear, medical errors and medical negligence, such as medical malpractice during birth or pregnancy, can lead to a birth injury and contribute to brain damage and the development of cerebral palsy after the child’s birth, and can affect the child’s life. An example of medical malpractice during pregnancy or birth includes failure to properly monitor the baby’s oxygen levels during labor or delivery.
Children with cerebral palsy may experience movement difficulties and require mobility devices or adaptive equipment to help them navigate daily life—similar to what’s required in Erb’s palsy and other birth injuries. In severe cases, CP can significantly impact a child’s life, requiring ongoing medical care and support.
If your child has been diagnosed with cerebral palsy and you believe that medical negligence or a birth injury may be responsible, call the Munley Law office today. A skilled cerebral palsy lawyer in Wilkes-Barre, serving northeastern Pennsylvania, can help you understand your legal options and pursue the compensation your child may be entitled to seek.
Don’t wait. Schedule a free consultation with Munley Law’s experienced team of injury lawyers in Wilkes-Barre today. A Wilkes-Barre cerebral palsy lawyer will understand the challenges you and your child are facing, and we are here to help you seek justice and help your family pursue the financial resources your child may need in the future.
What Are the Causes of Cerebral Palsy?
Cerebral palsy can develop for many different reasons, including genetic conditions, infections, abnormalities in brain development, and injuries occurring before, during, or shortly after birth. Only a portion of cerebral palsy cases are associated with preventable medical negligence during labor and delivery. Determining whether malpractice played a role requires a careful review of the medical records and expert evaluation.
The most common causes of cerebral palsy include:
- Medical Errors: Mistakes by medical professionals during pregnancy, labor, or delivery can lead to brain damage and cerebral palsy. Mistakes may include failure to properly monitor the baby’s vital signs or respond to signs of distress in the mother or baby.
- Fetal Stroke: A stroke in the womb can disrupt blood flow to the developing brain, causing damage that leads to CP.
- Fetal Distress: Complications during labor or delivery that result in the baby not receiving enough oxygen can lead to brain damage and cerebral palsy.
- Infections: Infections during pregnancy, such as rubella, cytomegalovirus, or toxoplasmosis, can increase the risk of CP.
- Genetic Factors: While less common, certain genetic conditions or mutations can increase the likelihood of CP.
- Brain Injury: Any injury to the developing infant brain, whether from trauma, infection, or other causes, can result in CP.
- Improper Medical Treatment: Incorrect or delayed medical treatment for conditions such as jaundice or meningitis can lead to brain damage and CP.
These factors can contribute to the development of cerebral palsy, and if medical negligence is involved, families may consider filing a medical malpractice claim.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
Is Cerebral Palsy Preventable?
While some cases of CP are unavoidable, other instances related to medical malpractice during birth or pregnancy are preventable. Medical errors, such as improper monitoring of fetal distress, failure to respond to signs of distress, or delays in emergency interventions during labor, can lead to brain injury and cerebral palsy.
What If Medical Malpractice Caused My Child’s Injury?
If your child has been diagnosed with cerebral palsy and you believe medical malpractice played a role in their birth injury, or other forms of medical negligence were involved, you need to talk to a Wilkes-Barre birth injury attorney.
Our team will investigate every aspect of your child’s birth injuries. As part of our investigation into whether the doctor deviated from the accepted standard of care, we will talk to experts and request medical records. Under Pennsylvania Rule of Civil Procedure 1042.3, we need to submit a certificate of merit signed by a doctor to support our case within 60 days of filing your claim. We will handle this, too.
Munley Law’s Wilkes-Barre personal injury attorneys have almost 70 years of experience fighting for the rights of injury victims in PA. We are ready to hear your case and fight for you and your child.
Is There a Statute of Limitations for Cerebral Palsy Cases in Wilkes-Barre?
Pennsylvania birth injury claims arising from medical malpractice are governed by the MCARE Act, 40 P.S. §1303.513. Depending on the circumstances, different filing deadlines may apply to parents and to injured children. Medical malpractice claims must also comply with Pennsylvania Rule of Civil Procedure 1042.3, which requires a Certificate of Merit.
- For parents filing on behalf of a minor, the two-year period begins on the date of injury but is tolled (paused) until the child reaches age 18. This means parents must file a claim before the child’s 20th birthday.
- For minors who have reached the age of 18, they have two years from their 18th birthday to file a claim for a birth injury that occurred during their birth.
Why Choose Munley Law for Your Wilkes-Barre Cerebral Palsy Lawyer?
When you’re faced with a birth injury case, you need attorneys who are going to treat you with respect, assess your claim thoroughly, protect your rights, calculate compensation accurately, and work with experts to investigate every aspect of it. You can expect all this and more from Munley Law’s Wilkes-Barre cerebral palsy lawyers. We will also handle negotiations with insurance companies and take the fight to court if necessary, shouldering the legal burden so you can focus on your child.
Our firm has handled personal injury cases since 1959 and has secured major victories, including $5 million, $4.35 million, and $3.2 million in medical malpractice settlements. Caroline Munley, one of our partners, was named to the Top 25 Medical Malpractice Trial Lawyers and the Top 25 Women Trial Lawyers in Pennsylvania by the National Trial Lawyers Association. She also received the Silver Client Champion Award from Martindale-Hubbell, which has given all our partners AV Preeminent ratings. Another partner, Marion Munley, was named Lawyer of the Year for Medical Malpractice Law by Best Lawyers and was included in the Lawdragon 500 Leading Lawyers in America list.
Frequently Asked Questions about Cerebral Palsy Birth Injury Cases
What Should I Do First if My Child was Diagnosed with Cerebral Palsy and I Suspect Medical Negligence?
If you suspect medical negligence is to blame for your child’s cerebral palsy diagnosis, you should first preserve your child’s medical records and contact an experienced Wilkes-Barre birth injury lawyer as soon as possible. A lawyer will review the records, order any additional medical documentation required, and begin an independent investigation, which will include consulting medical experts, to determine whether substandard care contributed to your child’s injury.
What Types of Compensation Can My Child Recover in a Cerebral Palsy Case?
Every cerebral palsy case is different, and the long-term financial impact can vary significantly depending on the child’s needs. Compensation may include:
- Ongoing physical, occupational, and speech therapy
- Wheelchairs, walkers, communication devices, and other adaptive equipment
- Home and vehicle modifications
- In-home nursing or attendant care
- Future surgeries and specialist treatment
- Special education services, when appropriate
- Lost income for parents who become caregivers
- Pain, suffering, and reduced quality of life
In appropriate cases, Pennsylvania law also permits punitive damages when the evidence demonstrates reckless or intentional misconduct.
How Do You Prove Medical Negligence Caused My Child’s Cerebral Palsy?
To prove medical negligence caused your child’s cerebral palsy, our birth injury lawyers need to show that the doctor, midwife, nurse, or other healthcare provider failed to meet the accepted standard of care and that this departure caused a brain injury. To do this, we usually:
- Obtain and review medical records
- Consult independent medical experts
- Recreate events around labor and delivery, such as monitoring and response to fetal distress or oxygen deprivation
- Identify deviations from accepted medical practice
Under Pennsylvania Rule of Civil Procedure 1042.3, a medical malpractice claim must also be supported by a certificate of merit signed by a doctor. We will handle this filing for you.
Is There a Time Limit for Filing a Cerebral Palsy Birth Injury Claim in Wilkes-Barre, PA?
Yes, there is a time limit for filing a cerebral palsy birth injury claim in Wilkes-Barre, PA. Under the MCARE Act, 40 P.S. §1303.513, the filing deadlines for medical malpractice claims are established, including special rules that may apply to injuries involving minors. The law tolls (pauses) the time limit when the child is a minor (under 18). Practically, parents must file before the child’s 20th birthday. If the child waits until he or she turns 18, they have two years from their 18th birthday to file. Due to these rules and other requirements in medical malpractice cases, it’s best to speak to one of Munley Law’s cerebral palsy lawyers as soon as possible to protect your child’s rights.
Will I Have to Go to Court for My Child’s Cerebral Palsy Case?
You won’t necessarily need to go to court for your child’s cerebral palsy case. Many cases settle with the defendant or insurance company. However, if our Wilkes-Barre cerebral palsy lawyers cannot obtain compensation through negotiations, we will pursue litigation and take the case to trial.
How Long Does a Cerebral Palsy Birth Injury Case Take in Wilkes-Barre, PA?
The timeline for cerebral palsy birth injury cases in Wilkes-Barre, PA, varies depending on medical issues, discovery, expert work, and court scheduling. Munley Law’s team will handle investigations, expert witnesses, paperwork (such as Pennsylvania’s certificate of merit requirement), and negotiations, so your family can focus on care. Remember, you pay nothing upfront and there’s no fee unless we win your case.
Contact Your Wilkes-Barre Cerebral Palsy Lawyer at Munley Law
If your child has been diagnosed with cerebral palsy and you believe medical malpractice played a role in their birth injury, call Munley Law today for your free case evaluation.
Our birth injury lawyers will listen to you, give you a step-by-step case evaluation, explain what compensation you might be entitled to, and explain how we might move forward in collecting a settlement for you and your child.
Caroline Munley
Caroline Munley is one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania as ranked by the National Trial Lawyers Association. A fierce and compassionate voice for medical malpractice victims, Caroline has, in her career as a medical malpractice lawyer, assisted in several multimillion-dollar settlements and verdicts. Caroline has additionally been twice honored by the National Trial Lawyers Association in Pennsylvania, once as a Top 100 Trial Lawyer and second as a Top 25 Women Trial Lawyer.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 3, 2026.
