Is Cerebral Palsy Always Caused by a Birth Injury? | Merson Law Explains

is cerebral palsy always a birth injury?
Tags birth injury, birth injury lawsuit, birth injury lawyer, cerebral palsy, maternal infection, medical malpractice, misdiagnosis

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Cerebral palsy (CP) is a neurological disorder that affects thousands of individuals worldwide, impacting their ability to control movement and muscle coordination.

Cerebral palsy is a collective term for a group of permanent, non-progressive movement disorders that can manifest in a range of symptoms and severity levels. The condition arises from damage to the developing brain, particularly in areas that regulate muscle control and movement.

Is Cerebral Palsy Always a Birth Injury? What Every NYC Parent Should Know

Cerebral palsy (CP) is one of the most common motor disorders diagnosed in children. But is it always the result of a birth injury?

At Merson Law, our cerebral palsy birth injury lawyer in NYC are often asked this very question—and the answer is more complex than you might think.


What Causes Cerebral Palsy?

Cerebral palsy refers to a group of disorders that affect a person’s ability to move and maintain balance and posture. It is caused by abnormal brain development or damage to the developing brain—either before, during, or shortly after birth.

Common causes include:

  • Birth injuries due to medical negligence

  • Infections during pregnancy (e.g., toxoplasmosis, rubella)

  • Lack of oxygen (hypoxic-ischemic encephalopathy)

  • Stroke in utero or shortly after birth

  • Premature birth or low birth weight

  • Genetic mutations

How to prove a cerebral palsy birth injury case.


When Is Cerebral Palsy Considered a Birth Injury?

A birth injury refers to any harm to a newborn that occurs during labor, delivery, or shortly afterward. Cerebral palsy is classified as a birth injury when it’s caused by:

  • Oxygen deprivation during birth (asphyxia)

  • Misuse of forceps or vacuum tools

  • Delayed cesarean section

  • Failure to detect fetal distress

  • Improper handling of complications like umbilical cord prolapse

These are preventable errors—and in many cases, they constitute medical malpractice.


Can You Sue for Cerebral Palsy Caused by a Birth Injury?

Yes. If a doctor, nurse, or medical facility failed to meet the standard of care during childbirth and your child developed cerebral palsy as a result, you may have a strong legal case.

Learn more on our page dedicated to this topic:
👉 Cerebral Palsy Birth Injury Lawyer NYC


What If My Child’s Cerebral Palsy Wasn’t Caused at Birth?

Even if CP wasn’t caused by a birth injury, your child may still qualify for services, education support, and therapies. But if medical negligence played any role, you deserve to know—and the very least your child deserves is for you to explore your legal options.

We offer a free case review to help you determine whether medical malpractice may have been a factor.


Why Choose Merson Law?

Our firm has handled numerous high-value birth injury cases and has a deep understanding of cerebral palsy litigation. We approach every family suffering from medical malpractice with compassion and care, and we fight relentlessly to secure the support your child deserves.

Are You Looking for a Medical Malpractice Lawyer in New York?


📞 Contact Us

If you believe your child’s cerebral palsy was caused by a birth injury, we’re here to help.
🗽 Merson Law – NYC’s Trusted Birth Injury Law Firm
📱 Call 212-603-9100 or contact us online.

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Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice. Every case is unique, and legal outcomes depend on specific facts and applicable laws. Some names, stories, and characters mentioned in this blog may be for illustrative purposes only and do not depict real individuals or events. Reading this blog does not establish an attorney-client relationship with Merson Law, nor does it guarantee any specific legal result. If you or a loved one has been affected by a birth injury, medical malpractice, sexual abuse or sexual assault, or any catastrophic personal injury through no fault of your own, we encourage you to contact Merson Law for a free consultation to discuss your specific situation. Contact us today to learn more about your legal options.

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