If your child has been diagnosed with cerebral palsy and you suspect it was caused by medical negligence during childbirth, you may have grounds for a legal case. But how do you actually prove it?
At Merson Law, we help families in New York City and beyond gather the medical and legal evidence necessary to hold negligent doctors, nurses, and hospitals accountable.
Step 1: Understand the Cause of Cerebral Palsy
Cerebral palsy (CP) is a neurological disorder caused by brain damage or abnormal brain development, often linked to:
-
Oxygen deprivation (hypoxic-ischemic encephalopathy)
-
Delayed C-section
-
Misuse of forceps or vacuum tools
-
Failure to monitor fetal distress
-
Untreated infections in the mother
If any of these issues occurred during labor or delivery, there may be a direct connection between your child’s CP diagnosis and a birth injury.
Step 2: Gather the Medical Records
The first critical step is to obtain all relevant medical records, including:
-
Prenatal records
-
Labor and delivery notes
-
Apgar scores
-
Fetal heart monitoring strips
-
NICU admission reports
-
Imaging (MRI or CT scans)
These documents help attorneys and medical experts trace the timeline of events leading to the injury.
Step 3: Hire Medical Experts
Medical experts are crucial in proving that:
-
A deviation from the standard of care occurred
-
That deviation directly caused the injury
At Merson Law, we work with leading obstetricians, pediatric neurologists, and neonatologists to analyze your case and prepare expert reports and testimony.
Step 4: Show the Injury Was Preventable
To win a cerebral palsy birth injury case, you must show that the injury could have been avoided with proper care.
For example:
-
Did hospital staff ignore signs of fetal distress?
-
Was a C-section delayed despite clear indicators?
-
Was there a misdiagnosis or lack of response to complications?
If yes, that strengthens your malpractice claim.
Step 5: Calculate Damages
Cerebral palsy often requires lifelong care. Your claim should reflect:
-
Medical expenses (past and future)
-
Physical and occupational therapy
-
Assistive devices
-
Special education
-
Lost future income
-
Pain and suffering
We consult life care planners and economists to estimate the full scope of your child’s needs.
Step 6: Choose an Experienced Cerebral Palsy Lawyer
This is a highly specialized area of law. You need a lawyer who has:
-
A deep understanding of medical malpractice
-
Access to trusted medical experts
-
A record of winning birth injury cases
Jordan Merson and the legal team at Merson Law have successfully handled some of the most complex birth injury cases in NYC—and we are ready to fight for your family.
📞 Ready to Take Action?
We offer a free case review to help you understand whether you have a valid claim.
👉 Contact our cerebral palsy birth injury team now
