When Can Cerebral Palsy Be Linked to Medical Malpractice?

 Posted on September 14, 2026 in Medical Malpractice

Cerebral palsy can sometimes be linked to medical malpractice. This may happen when a doctor, nurse, or other medical provider fails to give proper care and that mistake causes brain damage that leads to cerebral palsy. Problems such as a lack of oxygen or a delayed delivery may be part of a malpractice case, but they do not prove malpractice by themselves.

Not every case of cerebral palsy comes from malpractice. Some cases are linked to genetics, infections, premature birth, or other health problems that are not caused by medical care.

If you are trying to understand what happened during your child's birth in 2026, our Prince George's County birth injury lawyer is available 24/7, in person or remotely. He’s known for being a warm, caring advocate for families going through tough situations.

Certificate of a Qualified Expert in Maryland Medical Malpractice Claims

Under Maryland Courts and Judicial Proceedings Section 3-2A-04, a person who brings a medical malpractice claim in Maryland must file a "certificate of a qualified expert." This is a signed statement from a medical professional. It says the standard of care was not met. It also says this mistake caused the injury. Without this certificate, a claim usually cannot move forward. This makes an early medical review a key part of any cerebral palsy case.

What Types of Birth Errors Can Lead to Cerebral Palsy?

Some cerebral palsy cases involve mistakes during pregnancy, labor, delivery, or newborn care. Examples include:

• Failing to watch the baby's heart rate and notice signs of distress
• Waiting too long to do a needed emergency C-section
• Using forceps or a vacuum the wrong way during delivery
• Failing to treat an infection in the mother that affects the baby
• Failing to respond properly when a newborn has low oxygen levels

Figuring out whether medical care caused or contributed to cerebral palsy requires a close review of the full medical record. Your attorney will help you with this; you don’t need to do it yourself.

How Do Doctors Know Whether Oxygen Deprivation Caused Cerebral Palsy?

A lack of oxygen during birth can cause brain damage that may lead to cerebral palsy. But it causes only a small number of cerebral palsy cases. Doctors review the baby's heart rate strips from labor, umbilical cord blood gas results, medical records, brain imaging, and other signs of possible brain injury.

This evidence can help doctors determine whether a lack of oxygen happened around the time of birth and whether it may have contributed to the child's condition.

Fetal Monitoring Strips in Cerebral Palsy Cases

Fetal monitoring strips track the baby's heart rate during labor. They can be important evidence because they show when concerning heart rate changes began and how medical staff responded. They can also show exactly when distress started and how long it lasted before anyone stepped in.

Is There a Deadline for Filing a Cerebral Palsy Malpractice Claim in Maryland?

Maryland law generally says medical malpractice claims must be filed within five years of the injury. It can also be three years from when the injury was found, whichever date comes first.

Different rules can apply to claims involving children. These deadlines can get tricky in birth injury cases because sometimes the statute of limitations doesn’t start until the child turns 11. Early evidence, like fetal heart rate strips, can also get harder to get over time. Because of this, it is usually best to start a medical record review as soon as possible.

What Should You Do if You Suspect Malpractice Contributed to Your Child's Cerebral Palsy?

If you suspect medical malpractice in your case, start by having your child’s medical records checked by someone who understands both the medical and legal sides of birth injury cases. This can help you learn if what happened during delivery fell below a safe standard of care. This kind of review often brings peace of mind to families who have spent months, or years, wondering what really happened.

Schedule a Free Consultation With Our Hyattsville, MD Birth Injury Attorney

Attorney Jason Kisner brings more than 10 years of legal experience to this work, including time spent on the other side representing large insurance companies. That gives him real insight into the tactics those companies use to shrink a family's claim. It also means that he has strong ties with medical professionals in the area, some of whom might be able to help with your claim.

If you believe your child's cerebral palsy is linked to a medical error, call Kisner Law at 240-459-0097 to speak with our Prince George's County medical malpractice lawyer. When you work with us, you’ll be informed, respected, and truly heard.

Cases are handled on a contingency fee basis, so there is no upfront cost to get started. Hablamos español.