Birth Injury Law NY

Trusted Information for New York Families

Can Cerebral Palsy Be Prevented

Cerebral palsy affects approximately 1 in 345 children in the United States, making it the most common motor disability in childhood. For expectant parents and families with young children, one of the most pressing questions is: can cerebral palsy be prevented? The answer is complex but important to understand. While not all cases of cerebral palsy can be prevented, research shows that proper prenatal care, evidence-based medical interventions, and appropriate delivery practices can significantly reduce the risk of this life-altering condition.

According to the Centers for Disease Control and Prevention (CDC), approximately 85-90% of cerebral palsy cases are congenital, meaning they occur before or during birth. This statistic is significant because it highlights where prevention efforts can be most effective. Some cases result from unavoidable genetic factors or complications that cannot be foreseen, while others may be linked to preventable risk factors or even medical negligence during pregnancy, labor, or delivery.

Key Takeaways

  • Not all cases are preventable: While risk reduction is possible, some cerebral palsy cases result from unforeseeable complications or genetic factors.
  • 85-90% is congenital: The majority of CP cases occur before or during birth, making prenatal and delivery care critical.
  • Evidence-based interventions work: Magnesium sulfate for women at risk of preterm birth reduces cerebral palsy risk by 32%, according to medical research.
  • Quality medical care matters: Proper fetal monitoring, timely interventions, and appropriate delivery decisions can prevent many birth-related cases.
  • Legal options exist: When medical negligence contributes to cerebral palsy, families may have grounds for a birth injury claim.

Understanding Cerebral Palsy and Its Causes

Cerebral palsy is a group of neurological disorders that affect movement, muscle tone, and posture. It results from damage to the developing brain, most often before birth but sometimes during delivery or in early childhood. The condition is permanent but non-progressive, meaning the brain damage does not worsen over time, though symptoms may change as a child grows.

There are two main categories of cerebral palsy based on timing:

  • Congenital cerebral palsy: Brain damage that occurs before or during birth accounts for 85-90% of all cases. This type may result from prenatal infections, oxygen deprivation during delivery, complications from preterm birth, or other factors affecting fetal brain development.
  • Acquired cerebral palsy: Brain damage that occurs more than 28 days after birth accounts for 10-15% of cases. Common causes include infections like meningitis, traumatic brain injuries, or severe jaundice that goes untreated.

In high-income countries such as the United States, Canada, and Australia, the prevalence of cerebral palsy has declined to approximately 1.6 per 1,000 live births. This represents a 30-40% decrease compared to rates in the 1990s, largely attributed to improvements in prenatal care, infection control, and better management of preterm birth complications.

Can Cerebral Palsy Be Prevented? The Realistic Answer

The question of whether cerebral palsy can be prevented does not have a simple yes or no answer. Medical research and clinical experience show that prevention is possible in some circumstances but not all. Understanding this distinction is crucial for expectant parents and healthcare providers alike.

Cases that may be prevented: These include cerebral palsy resulting from treatable maternal infections, manageable pregnancy complications, preventable birth injuries, oxygen deprivation due to medical errors, and untreated severe jaundice after birth. When appropriate medical interventions are applied, many of these risk factors can be managed or eliminated.

Cases that are difficult or impossible to prevent: Some cerebral palsy cases stem from genetic abnormalities, unforeseeable complications during pregnancy, certain types of stroke in the developing brain, or spontaneous preterm labor despite proper medical care. In these situations, even with excellent prenatal care and medical attention, cerebral palsy may still occur.

Cases involving medical negligence: A significant subset of cerebral palsy cases results from preventable medical errors and birth injuries. According to birth injury data, delayed emergency cesarean sections, failure to properly monitor fetal distress, improper use of forceps or vacuum extractors, and failure to address maternal infections can all lead to brain damage that causes cerebral palsy. These cases represent opportunities for prevention through adherence to medical standards of care.

Risk Factors for Cerebral Palsy

Understanding the risk factors for cerebral palsy is the first step toward prevention. The National Institute of Child Health and Human Development (NICHD) has identified numerous risk factors that increase the likelihood of cerebral palsy. These risk factors can be organized by when they occur during the pregnancy and birth process.

Risk FactorWhen It OccursPreventability
Low birth weight (under 5 lbs 8 oz)BirthPartially preventable with prenatal care
Preterm birth (before 37 weeks)BirthPartially preventable with monitoring
Multiple births (twins, triplets)PregnancyRisk factor but not preventable
Maternal infections (rubella, cytomegalovirus)PregnancyLargely preventable with vaccinations
Severe jaundice (kernicterus)After birthHighly preventable with screening
Rh incompatibilityPregnancy/BirthPreventable with RhoGAM treatment
Birth complications (oxygen deprivation)Labor/DeliveryOften preventable with proper monitoring
Placental problemsPregnancy/LaborPartially preventable with monitoring

Infants born before the 32nd week of pregnancy face particularly elevated risk, as do babies weighing less than 3 pounds 5 ounces at birth. Multiple gestations also increase risk, especially if one twin or triplet dies in the womb. However, it is important to note that having one or more risk factors does not mean a child will definitely develop cerebral palsy. Many children with multiple risk factors develop normally, while some children with no apparent risk factors still develop the condition.

Prevention Strategies During Pregnancy

Prenatal care represents the most critical period for cerebral palsy prevention. The CDC emphasizes that early and regular prenatal care is one of the most effective ways to reduce risk. During pregnancy, several key prevention strategies can make a significant difference.

Early and consistent prenatal care: Attending all scheduled prenatal appointments allows healthcare providers to monitor fetal development, identify potential complications early, and intervene when necessary. Studies show that women who receive inadequate prenatal care have higher rates of pregnancy complications that can lead to cerebral palsy.

Vaccinations and infection prevention: Certain infections during pregnancy can cause brain damage in the developing fetus. The CDC recommends that women be vaccinated against rubella (German measles) before pregnancy and receive the flu vaccine during pregnancy. Other important preventive measures include practicing good hand hygiene, avoiding people who are sick, and seeking prompt medical attention for any signs of infection such as fever.

Managing chronic health conditions: Women with pre-existing conditions such as diabetes, high blood pressure, thyroid problems, or seizure disorders should work closely with their healthcare providers to optimize management before and during pregnancy. Uncontrolled maternal health conditions can increase the risk of pregnancy complications that affect fetal brain development.

Rh blood type compatibility: When a mother and fetus have incompatible Rh blood types, the mother’s immune system may attack the fetal blood cells. This can lead to severe complications including kernicterus, a form of brain damage that causes cerebral palsy. Fortunately, this is highly preventable. All pregnant women should have their blood type tested, and those who are Rh-negative should receive Rh immune globulin (RhoGAM) at 28 weeks of pregnancy and after delivery to prevent complications.

Evidence-Based Prevention: Magnesium Sulfate

One of the most significant advances in cerebral palsy prevention is the use of magnesium sulfate for women at risk of preterm birth. According to a comprehensive review published in the Cochrane Database, magnesium sulfate administered to pregnant women at risk of preterm delivery reduces the risk of cerebral palsy in their infants by 32% (risk ratio 0.68, 95% confidence interval 0.54-0.87). This finding is based on high-quality evidence from five trials involving 6,145 children. If you are at risk for preterm labor, ask your healthcare provider about this evidence-based intervention.

Avoiding harmful substances: Alcohol, tobacco, and recreational drugs can all harm fetal brain development. Pregnant women should avoid these substances entirely. Additionally, exposure to certain environmental toxins such as high levels of methylmercury should be avoided.

Prevention Strategies During Labor and Delivery

The labor and delivery period presents both risks and opportunities for cerebral palsy prevention. Approximately 20-30% of cerebral palsy cases involve complications during labor and delivery. Many of these cases are preventable with appropriate medical care and timely interventions.

Continuous fetal monitoring: During labor, healthcare providers should continuously monitor the baby’s heart rate and response to contractions. Fetal heart rate patterns can indicate when a baby is experiencing distress or not receiving adequate oxygen. Electronic fetal monitoring allows medical teams to detect problems early and intervene before permanent brain damage occurs.

Recognizing and responding to fetal distress: Signs of fetal distress include abnormal heart rate patterns, decreased fetal movement, and the presence of meconium (the baby’s first bowel movement) in the amniotic fluid. When fetal distress is identified, healthcare providers must respond quickly. Depending on the situation, interventions may include changing the mother’s position, providing supplemental oxygen, administering fluids, or proceeding to emergency cesarean delivery.

Timely cesarean section decisions: One of the most common forms of medical negligence leading to cerebral palsy is delay in performing an emergency cesarean section. When vaginal delivery becomes dangerous for the baby, healthcare providers must make swift decisions to proceed with surgical delivery. Delays in this decision-making process can result in prolonged oxygen deprivation, leading to permanent brain injury.

Proper use of delivery instruments: Forceps and vacuum extractors are sometimes necessary to assist with difficult deliveries. However, improper use of these instruments can cause direct trauma to the baby’s head or increase the risk of oxygen deprivation. These tools should only be used by experienced providers when medically indicated, and alternative delivery methods should be considered if instrument delivery is not proceeding safely.

Managing maternal complications: Complications such as placental abruption (when the placenta separates from the uterine wall), uterine rupture, or umbilical cord prolapse (when the cord comes out before the baby) are medical emergencies requiring immediate intervention. Healthcare facilities must be prepared to respond to these emergencies rapidly to prevent brain damage.

Prevention Strategies After Birth

While most cerebral palsy is congenital, approximately 10-15% of cases are acquired after birth. Many of these cases are highly preventable with appropriate newborn care and safety measures.

Jaundice screening and treatment: Severe untreated jaundice can lead to kernicterus, a type of brain damage that causes cerebral palsy. The CDC recommends that all newborns be screened for jaundice before hospital discharge, typically within the first 48 hours of life. Parents should also be educated on the warning signs of jaundice (yellowing of the skin and eyes) and instructed to seek immediate medical attention if these signs appear. Treatment for severe jaundice may include phototherapy (light treatment) or, in extreme cases, blood transfusion. When treated promptly, jaundice rarely causes permanent harm.

Vaccinations to prevent brain infections: Vaccines protect against infections that can damage the developing brain. Diseases such as bacterial meningitis, viral encephalitis, and other infections can cause acquired cerebral palsy. Following the recommended childhood vaccination schedule significantly reduces the risk of these preventable infections.

Injury prevention: Traumatic brain injuries from falls, car accidents, or other incidents can cause acquired cerebral palsy in infants and young children. Parents and caregivers can reduce this risk by always using properly installed car seats, preventing falls by using safety gates and monitoring young children closely, ensuring safe sleep environments, using helmets for activities like biking once children are old enough, and childproofing homes to prevent access to dangerous areas.

Early intervention for at-risk infants: Babies born prematurely or with other risk factors may benefit from early intervention programs that provide developmental support and monitoring. While these programs do not prevent cerebral palsy that has already occurred, they can help identify developmental delays early and provide therapies that maximize the child’s potential.

Evidence-Based Medical Interventions That Work

Medical research has identified several interventions with proven effectiveness in reducing cerebral palsy risk. Understanding what works and what does not is crucial for evidence-based prevention.

Magnesium Sulfate

Evidence Level: High-quality

Effectiveness: 32% risk reduction

Administered to women at risk of preterm birth before 32 weeks of pregnancy. This neuroprotective treatment has the strongest evidence of any cerebral palsy prevention intervention.

Rh Immune Globulin

Evidence Level: High-quality

Effectiveness: Near-complete prevention

RhoGAM given to Rh-negative mothers at 28 weeks and after delivery prevents Rh incompatibility complications, including kernicterus and cerebral palsy.

Caffeine for Preterm Infants

Evidence Level: High-quality

Effectiveness: Significant risk reduction

Multicenter trials show caffeine therapy for preterm infants reduces cerebral palsy risk by supporting respiratory function and reducing brain injury.

What does not work or may cause harm: Not all interventions that seem logical actually help prevent cerebral palsy. Some may even increase risk. Research shows that prophylactic antibiotics for women in preterm labor with intact membranes actually increase cerebral palsy risk (relative risk 1.82 in one trial of 3,173 children). Immediate delivery when fetal compromise is suspected in preterm pregnancy shows higher CP rates compared to careful monitoring and delayed delivery (relative risk 5.88 in one trial of 507 children). Multiple courses of corticosteroids show no clear advantage over a single course for cerebral palsy prevention.

These findings emphasize the importance of evidence-based medicine and the need for healthcare providers to stay current with research on cerebral palsy prevention.

When Medical Negligence Leads to Cerebral Palsy

While not all cerebral palsy is preventable, a concerning number of cases result from medical errors and negligence. Medical malpractice occurs when healthcare providers fail to meet the accepted standard of care, and this failure results in harm to the patient. In the context of cerebral palsy, several types of medical negligence commonly contribute to preventable brain injury.

Delayed Emergency C-Section

This is one of the most common forms of negligence in birth injury cases. When fetal monitoring shows signs of distress, healthcare providers have a limited window to intervene before permanent brain damage occurs. Standards of care typically require that emergency cesarean sections be performed within 30 minutes of the decision to proceed. Delays beyond this timeframe, especially when caused by inadequate staffing, poor communication, or provider unavailability, may constitute negligence.

Failure to Monitor Fetal Distress

Continuous electronic fetal monitoring during labor is standard practice in most hospital deliveries. When monitoring is inadequate, intermittent, or improperly interpreted, signs of fetal distress may be missed. Healthcare providers have a duty to recognize concerning fetal heart rate patterns and respond appropriately.

Improper Use of Delivery Instruments

While forceps and vacuum extractors can be valuable tools in difficult deliveries, they carry risks when used improperly. Excessive force, too many attempts at instrument delivery, or use of instruments in inappropriate situations can cause direct trauma to the infant’s brain or increase the duration of oxygen deprivation.

Failure to Treat Maternal Infections

Certain maternal infections during pregnancy or labor can cause fetal brain damage. Healthcare providers should screen for and promptly treat infections such as chorioamnionitis (infection of the placental tissues), group B streptococcus, and urinary tract infections.

Medication Errors

Incorrect dosing of medications during labor, particularly those affecting labor progression or maternal blood pressure, can compromise fetal oxygen supply and cause brain injury.

Birth Asphyxia from Negligence

When healthcare providers fail to recognize or respond to signs that the baby is not receiving adequate oxygen, the resulting brain damage can lead to cerebral palsy. This includes failure to act on abnormal fetal heart tracings or delays in emergency interventions.

Warning Signs of Potential Medical Negligence

If your child was diagnosed with cerebral palsy and any of the following occurred during pregnancy, labor, or delivery, you may want to consult with a birth injury attorney:

  • Healthcare providers ignored or downplayed concerns you raised about your pregnancy or labor
  • There was a significant delay in performing an emergency cesarean section after fetal distress was identified
  • Your baby’s Apgar scores were very low, indicating oxygen deprivation at birth
  • Multiple failed attempts were made with forceps or vacuum extractors
  • Medical staff seemed understaffed, disorganized, or unavailable during your labor
  • Your baby required immediate resuscitation or intensive care after delivery
  • Medical records show concerning fetal heart rate patterns that were not addressed

Legal Options and Next Steps for New York Families

Could Your Child’s Cerebral Palsy Have Been Prevented?

For families whose children have been diagnosed with cerebral palsy, one of the most difficult questions to grapple with is whether the condition could have been prevented. This question has both medical and legal dimensions that are important to explore.

Reviewing the medical circumstances: Understanding whether your child’s cerebral palsy was preventable often requires a thorough review of medical records by qualified experts. Key documents to examine include prenatal care records documenting any pregnancy complications or risk factors, labor and delivery records including fetal monitoring strips, newborn medical records and Apgar scores, notes from healthcare providers about decisions made during labor and delivery, and any incident reports filed by the hospital.

An experienced birth injury attorney can help you obtain and review these records, working with medical experts who can determine whether the standard of care was met during your pregnancy, labor, and delivery.

Questions to ask about your delivery: Consider these questions as you review what happened: Were you and your baby properly monitored throughout labor? If signs of fetal distress appeared, how quickly did medical staff respond? Was a cesarean section recommended or performed, and if so, what was the timeframe? Did healthcare providers explain the risks and benefits of interventions they recommended or performed? Were forceps or vacuum extraction used, and if so, were they used appropriately? Did your baby experience any infections during or shortly after birth that were not promptly treated? Was jaundice identified and treated in a timely manner?

The importance of timely action: If you suspect medical negligence may have contributed to your child’s cerebral palsy, it is important to act relatively quickly. Every state has a statute of limitations that sets a deadline for filing medical malpractice claims. In New York, the statute of limitations for birth injury cases is generally complex and may depend on when the injury was or should have been discovered. Consulting with an attorney early ensures you do not miss important deadlines.

Pursuing a Birth Injury Claim in New York

Families in New York whose children developed cerebral palsy due to medical negligence have legal options to pursue compensation. Birth injury claims can provide crucial financial resources to cover the substantial costs of raising a child with cerebral palsy.

What a birth injury claim involves: Birth injury medical malpractice claims require proving several key elements. You must show that a doctor-patient relationship existed, creating a duty of care. Healthcare providers breached the standard of care by acting negligently. This breach directly caused injury to your child. Your child suffered damages as a result of the injury. These cases are complex and require testimony from medical experts who can explain what the standard of care required and how it was violated.

Statute of limitations considerations: New York has specific time limits for filing medical malpractice claims. For birth injuries, the statute of limitations can be complicated. Generally, claims must be filed within 2.5 years from the date of the alleged malpractice. However, for injuries to infants, there are special provisions that may extend this timeframe. The continuous treatment doctrine may also apply if the child continues to receive treatment from the same healthcare provider. Given these complexities, it is crucial to consult with an experienced birth injury attorney as soon as you suspect medical negligence.

Types of compensation available: According to the CDC, the average lifetime cost to care for a child with cerebral palsy is nearly $1 million. In 2023, a Pennsylvania jury awarded nearly $183 million to a family whose child’s cerebral palsy was linked to a delayed cesarean section. While every case is different, families may be able to recover compensation for past and future medical expenses, adaptive equipment and home modifications, ongoing therapy and rehabilitation, special education costs, pain and suffering experienced by the child, lost earning capacity if the child will be unable to work as an adult, and parental lost wages due to caregiving responsibilities.

How a birth injury lawyer can help: An experienced attorney will investigate your case by obtaining and reviewing all relevant medical records, consult with medical experts who can evaluate whether malpractice occurred, handle all legal proceedings and paperwork, negotiate with insurance companies and defense attorneys on your behalf, and take your case to trial if a fair settlement cannot be reached. Many birth injury attorneys work on a contingency fee basis, meaning you do not pay attorney fees unless they recover compensation for your family.

Moving Forward: Support and Resources

Whether or not your child’s cerebral palsy was preventable, accessing appropriate support and resources is crucial for optimizing your child’s development and quality of life. Families in New York have access to numerous programs and services designed to help children with cerebral palsy reach their full potential.

Early intervention programs: New York’s Early Intervention Program provides services for children from birth to age three who have developmental delays or disabilities. Services may include physical therapy, occupational therapy, speech therapy, special instruction, and family training and support. These services are provided in the child’s natural environment, often at home or in daycare settings.

Special education services: Once children turn three, they may be eligible for special education services through their local school district. The Individuals with Disabilities Education Act (IDEA) requires schools to provide appropriate education and related services to children with disabilities. An Individualized Education Program (IEP) will be developed to address your child’s specific needs.

Financial assistance programs: Raising a child with cerebral palsy involves significant expenses. Several programs can help. Supplemental Security Income (SSI) provides monthly payments to children with disabilities whose families meet income requirements. Medicaid provides health insurance coverage for children with disabilities. The Katie Beckett waiver allows children with significant disabilities to qualify for Medicaid based on their own income rather than family income. State programs may provide additional financial assistance for specific needs.

Support groups and community resources: Connecting with other families who understand the challenges and joys of raising a child with cerebral palsy can be invaluable. National and local organizations provide support, information, and community connections. Consider reaching out to the United Cerebral Palsy Association, Cerebral Palsy Foundation, local parent support groups, and online communities for families affected by cerebral palsy.

Frequently Asked Questions

Can all cases of cerebral palsy be prevented?

No, not all cases of cerebral palsy can be prevented. While research shows that proper prenatal care, evidence-based medical interventions, and appropriate delivery practices can significantly reduce risk, some cases result from genetic factors or unforeseeable complications that cannot be prevented even with excellent medical care. According to the CDC, 85-90% of cerebral palsy is congenital, occurring before or during birth, but only a portion of these cases are preventable with current medical knowledge and interventions.

What is the most effective prevention strategy for cerebral palsy?

The most effective prevention strategy is comprehensive prenatal care combined with evidence-based medical interventions. Research published in the Cochrane Database demonstrates that magnesium sulfate administered to women at risk of preterm birth reduces cerebral palsy risk by 32%. Other highly effective strategies include Rh immune globulin (RhoGAM) for Rh-incompatible pregnancies, vaccinations to prevent maternal infections, proper fetal monitoring during labor, timely emergency cesarean sections when needed, and prompt treatment of severe newborn jaundice to prevent kernicterus.

How does prenatal care reduce the risk of cerebral palsy?

Prenatal care reduces cerebral palsy risk through multiple mechanisms. Regular check-ups allow healthcare providers to identify and manage pregnancy complications early, such as preeclampsia or placental problems. Screening for and treating maternal infections prevents brain damage to the developing fetus. Monitoring fetal growth helps identify babies at risk for low birth weight or growth restriction. Managing chronic maternal conditions like diabetes or hypertension reduces pregnancy complications. Prenatal care also provides opportunities for evidence-based interventions like magnesium sulfate for women at risk of preterm birth, which has been proven to reduce cerebral palsy risk significantly.

What should doctors monitor during labor and delivery to prevent cerebral palsy?

During labor and delivery, healthcare providers should continuously monitor the baby’s heart rate using electronic fetal monitoring to detect signs of distress. They should watch for abnormal heart rate patterns that indicate oxygen deprivation, monitor the progression of labor to identify problems like prolonged labor or arrested descent, check the mother’s vital signs and watch for complications like placental abruption or cord prolapse, assess the need for interventions such as oxygen supplementation or position changes, and be prepared to perform emergency cesarean section within 30 minutes if fetal distress is identified. Proper monitoring allows medical teams to intervene before temporary oxygen deprivation becomes permanent brain injury.

Can jaundice cause cerebral palsy, and is it preventable?

Yes, severe untreated jaundice can cause a type of brain damage called kernicterus, which leads to cerebral palsy. However, this form of cerebral palsy is highly preventable. The CDC recommends that all newborns be screened for jaundice before hospital discharge. Parents should watch for yellowing of the skin or eyes and seek immediate medical attention if these signs appear. Treatment for severe jaundice includes phototherapy (light therapy) or, in extreme cases, blood transfusion. When jaundice is identified and treated promptly, kernicterus and the resulting cerebral palsy can almost always be prevented.

What are signs that medical negligence may have caused my child’s cerebral palsy?

Several warning signs may indicate medical negligence contributed to cerebral palsy. These include a significant delay in performing an emergency cesarean section after fetal distress was identified, healthcare providers who ignored or dismissed your concerns during pregnancy or labor, very low Apgar scores indicating oxygen deprivation at birth, multiple failed attempts with forceps or vacuum extractors, fetal heart rate monitoring strips showing prolonged distress without appropriate intervention, your baby requiring immediate resuscitation or intensive care after delivery, evidence of maternal infections that were not properly treated, or understaffed or disorganized medical care during your labor. If any of these occurred, consulting with a birth injury attorney can help you understand whether medical malpractice played a role.

How long do I have to file a medical malpractice claim in New York?

New York’s statute of limitations for medical malpractice claims is complex, especially for birth injuries. Generally, claims must be filed within 2.5 years from the date of the alleged malpractice. However, special provisions may extend this timeframe for injuries to infants. The continuous treatment doctrine may also apply if the child continues receiving treatment from the same healthcare provider. Additionally, in some cases, the statute of limitations may not begin until the injury is discovered or reasonably should have been discovered. Given these complexities, it is crucial to consult with an experienced birth injury attorney as soon as you suspect medical negligence to ensure you do not miss important deadlines.

What types of compensation can families recover in cerebral palsy cases?

Families may be able to recover substantial compensation to cover the significant costs associated with cerebral palsy. According to the CDC, the average lifetime cost to care for a child with cerebral palsy is nearly $1 million. Recoverable damages may include past and future medical expenses, costs for adaptive equipment and home modifications, ongoing therapy and rehabilitation expenses, special education costs, the child’s pain and suffering, lost earning capacity if the child will be unable to work as an adult, and parental lost wages due to caregiving responsibilities. In 2023, a Pennsylvania jury awarded nearly $183 million in a cerebral palsy case involving a delayed cesarean section. While each case is unique, these awards recognize the profound impact cerebral palsy has on children and families.

Conclusion: Prevention Is Possible But Not Guaranteed

The question of whether cerebral palsy can be prevented requires a nuanced answer. While not every case is preventable, substantial evidence shows that proper medical care during pregnancy, labor, and delivery can significantly reduce the risk of this life-changing condition. The 30-40% decline in cerebral palsy rates in developed countries over the past few decades demonstrates that prevention efforts work.

For expectant parents, the most important steps you can take are seeking early and regular prenatal care, staying up to date on recommended vaccinations, managing any chronic health conditions with your healthcare provider, knowing your blood type and Rh status, and asking questions about evidence-based interventions like magnesium sulfate if you are at risk for preterm birth. Following these recommendations gives your baby the best chance of avoiding preventable causes of cerebral palsy.

For families whose children have already been diagnosed with cerebral palsy, understanding whether medical negligence played a role is important not only for potential legal claims but also for preventing similar injuries to other children. If you suspect that substandard medical care contributed to your child’s condition, consulting with an experienced birth injury attorney can help you understand your legal options.

Free Consultation for Birth Injury Cases

If your child was diagnosed with cerebral palsy and you have questions about whether medical negligence may have played a role, our experienced birth injury attorneys in New York can help. We will review your case, explain your legal options, and fight for the compensation your family deserves.

Schedule Your Free Consultation

Whether through prevention or through holding negligent healthcare providers accountable, our shared goal must be reducing the incidence of this devastating condition and ensuring that all children receive the medical care they deserve.

Need Legal Help?

Connect with experienced New York birth injury attorneys. Free consultation.

Confidential · No Obligation

Scroll to Top