[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/damicopettinicchi.com\/blog\/do-i-have-grounds-for-a-legal-case-if-my-child-has-cerebral-palsy\/#BlogPosting","mainEntityOfPage":"https:\/\/damicopettinicchi.com\/blog\/do-i-have-grounds-for-a-legal-case-if-my-child-has-cerebral-palsy\/","headline":"Do I Have Grounds for a Legal Case if my Child has Cerebral Palsy?","name":"Do I Have Grounds for a Legal Case if my Child has Cerebral Palsy?","description":"Of all the potential birth injuries to a newborn child, cerebral palsy is one of the most devastating. Occurring in approximately 1.4 to four of every 1,000 births, cerebral palsy can occur as the result of medical malpractice, which means you may be entitled to receive legal compensation for your child\u2019s injuries. Although there is […]","datePublished":"2023-05-15","dateModified":"2026-03-11","author":{"@type":"Person","@id":"https:\/\/damicopettinicchi.com\/blog\/author\/damico\/#Person","name":"D Amico & Pettinicchi, LLC","url":"https:\/\/damicopettinicchi.com\/blog\/author\/damico\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/5c310c9f3211b0da1ea34789a06a7cc25b8bbeed0ab4f1ca7b77036b32d8bb35?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/5c310c9f3211b0da1ea34789a06a7cc25b8bbeed0ab4f1ca7b77036b32d8bb35?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"D\u2019Amico & Pettinicchi, LLC","logo":{"@type":"ImageObject","@id":"https:\/\/damicopettinicchi.com\/wp-content\/uploads\/2025\/05\/logo-header.svg","url":"https:\/\/damicopettinicchi.com\/wp-content\/uploads\/2025\/05\/logo-header.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/damicopettinicchi.com\/wp-content\/uploads\/2023\/05\/cerebral_palsy.jpg","url":"https:\/\/damicopettinicchi.com\/wp-content\/uploads\/2023\/05\/cerebral_palsy.jpg","height":1414,"width":2121},"url":"https:\/\/damicopettinicchi.com\/blog\/do-i-have-grounds-for-a-legal-case-if-my-child-has-cerebral-palsy\/","about":["Medical Malpractice"],"wordCount":856,"articleBody":"Of all the potential birth injuries to a newborn child, cerebral palsy is one of the most devastating. Occurring in approximately 1.4 to four of every 1,000 births, cerebral palsy can occur as the result of medical malpractice, which means you may be entitled to receive legal compensation for your child\u2019s injuries.Although there is a range of severity in cases, any diagnosis of cerebral palsy will have a profound and possibly lifelong impact on your child\u2019s well-being and development. If your child\u2019s cerebral palsy stems from medical mistakes, our\u00a0New Haven medical malpractice lawyers\u00a0may be able to help you pursue compensation for your medical expenses, pain, suffering and other damages. Contact us today for a free consultation.Common Causes of Cerebral PalsyCerebral palsy\u00a0occurs during pregnancy, during the birthing process or right after birth, usually as the result of a lack of oxygen to the brain or because of traumatic injuries caused by mistakes during delivery.There are several mistakes a doctor, nurse or hospital staffer can make during the delivery process that could lead to cerebral palsy in an infant. They include:Inaccurately detecting and treating a mother\u2019s infectionFailing to monitor fetal heart rate, leading to oxygen deprivationImproper technique during an emergency C-sectionNeglecting to identify and address umbilical cord issuesUtilizing birth-assisting tools incorrectlyFailing to perform safe surgical proceduresThere may be options to repair the damage even after a diagnosis of cerebral palsy is made in an infant, but the time window for doing so is exceptionally narrow. A doctor\u2019s failure to act in these circumstances can also lead to a medical malpractice claim, but the success of the claim depends largely on whether the doctor attempted the procedure more than whether or not it was ultimately successful.Because these injuries are almost always preventable if the doctor exercised due diligence and proper techniques, the likelihood of filing a medical malpractice lawsuit is substantial. Many people do not understand just how costly it can be to deal with the myriad of expenses arising from a child with cerebral palsy. The costs can be, and usually are, overwhelming for most families. With these expenses often exceeding $1 million, a medical malpractice lawsuit becomes a practical necessity for the family of a child with cerebral palsy.Do I Have a Case?The issue of whether you have a case hinges on whether the requirements for a claim for medical malpractice have been met. The four\u00a0elements of a medical malpractice claim\u00a0include:The existence of a doctor-patient relationshipNegligent conduct by the doctor or medical professionalEvidence that the doctor\u2019s negligence caused the injuryThe resulting injury caused specific damages that can be compensated monetarilyYour\u00a0personal injury lawyer\u00a0will need to prove the occurrence of each individual element in order to prevail in court. This process will require evidence in the form of documents, testimony, medical records and expert witnesses.Compensation from a Medical Malpractice LawsuitHow much money you may receive in damages from a medical malpractice suit depends on a list of factors; no two cases are exactly alike. Compensation is normally divided into one of two categories, known as economic damages and non-economic damages.Economic DamagesEconomic damages are costs arising from the actual expenses relating to the treatment of the child\u2019s cerebral palsy and loss of earning capacity later in your child\u2019s life. These damages include:Past and future medical expensesAny necessary rehab or physical therapyThe cost of any medicationsLoss of earningsEssential accommodations made to your homeAny specialized education or other personal servicesNon-Economic DamagesGenerally referred to as pain and suffering, non-economic damages can be characterized as compensation for damages that do not have a specific cost associated with them. Some specific examples of non-economic damages include:Physical painEmotional distressLoss of joy of lifePermanent impairmentLoss of functionDisfigurementHow Long You Have to File a CaseEach state has its own statute of limitations laws which limit the time you have to file a civil lawsuit.\u00a0Connecticut law\u00a0requires that cerebral palsy lawsuits must be filed within two years of the time of the injury that led to cerebral palsy, but in some rare circumstances, Connecticut allows for three years to file a lawsuit.Get Help from a LawyerThe skilled medical malpractice attorneys of D\u2019Amico Pettinicchi Injury Lawyers have years of experience pursuing negligent medical professionals and holding them accountable for the harm they have caused. We will help you discover if your child\u2019s cerebral palsy was preventable and determine if you have a case. If you do, we will work to recover maximum compensation for medical bills, lost wages, and pain and suffering. We will take care of the legal battle, so your focus can be with your child, where it needs to be.Schedule a free, no-obligation consultation with our legal team today and learn what options are available for pursuing compensation in your case. There are no upfront fees, and the only way we get paid is if we recover compensation for you."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/damicopettinicchi.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Do I Have Grounds for a Legal Case if my Child has Cerebral Palsy?","item":"https:\/\/damicopettinicchi.com\/blog\/do-i-have-grounds-for-a-legal-case-if-my-child-has-cerebral-palsy\/#breadcrumbitem"}]}]