Skip to content
Cerebral palsy caused by medical negligence is one of the most serious and life-altering injuries a family can face. If your child was diagnosed with cerebral palsy after a difficult birth at Einstein Medical Center Montgomery in East Norriton, or at another hospital serving the Norristown area in Montgomery County, you may have the right to pursue a medical malpractice claim. At MyPhillyLawyer, we represent families in Norristown and throughout the greater Philadelphia area who are dealing with the devastating consequences of preventable birth injuries. You deserve honest answers and strong legal representation, and we are here to help.
Table of Contents
- What Cerebral Palsy Is and How Medical Negligence Can Cause It
- Pennsylvania Law and Your Right to File a Cerebral Palsy Malpractice Claim
- Filing Deadlines for Cerebral Palsy Claims in Pennsylvania: What Norristown Families Need to Know
- What Damages Can Norristown Families Recover in a Cerebral Palsy Lawsuit
- How MyPhillyLawyer Handles Cerebral Palsy Cases for Norristown Families
- FAQs About Norristown PA Cerebral Palsy Lawyer
What Cerebral Palsy Is and How Medical Negligence Can Cause It
Cerebral palsy is a group of neurological disorders that affect a person’s ability to move, maintain balance, and control posture. It results from damage to the developing brain, most often during pregnancy, labor, or delivery. The condition is permanent and requires lifelong care and medical support.
The Centers for Disease Control and Prevention reports that cerebral palsy affects approximately 1 in 345 children. That makes it one of the most common childhood motor disabilities in the United States. Many cases are congenital, meaning they develop before birth for reasons unrelated to hospital care. But a meaningful portion of cases are tied directly to errors made by medical professionals during the birth process.
Cerebral palsy medical malpractice happens when a hospital, doctor, or healthcare provider breaches standards of care that cause cerebral palsy during pregnancy or delivery. Common examples include failing to monitor fetal heart rate properly, delaying an emergency C-section when the baby shows signs of distress, or mismanaging oxygen levels during labor. When the brain is deprived of oxygen, even briefly, the damage can be permanent.
In Norristown and the surrounding communities of Montgomery County, families trust local hospitals and birth centers to deliver their babies safely. When that trust is broken by careless or inadequate medical care, the results can follow a child for the rest of their life. Cerebral palsy may affect a child’s speech, movement, cognitive development, and ability to live independently. Holding negligent medical providers accountable is not just about money. It is about getting your family the resources needed to give your child the best possible life.
If you believe your child’s cerebral palsy was caused by a medical error, reaching out to a Philadelphia personal injury lawyer at MyPhillyLawyer is a strong first step toward understanding your legal options.
Pennsylvania Law and Your Right to File a Cerebral Palsy Malpractice Claim
Pennsylvania law gives families the right to seek compensation when a healthcare provider’s negligence causes a birth injury like cerebral palsy. These claims fall under medical malpractice law, which requires proving that a doctor, nurse, or hospital failed to meet the accepted standard of care and that this failure directly caused the child’s injury.
The Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act sets the standards for how medical malpractice claims are filed in this state. Under the MCARE Act, your attorney must file a Certificate of Merit before your case can move forward. This certificate must be signed by a qualified medical professional in the same or similar specialty who confirms that there is a valid basis for believing the defendant was negligent and that the negligence caused harm.
Pennsylvania’s comparative negligence rule, found in 42 Pa. C.S.A. § 7102, also applies to medical malpractice cases. Under this statute, a plaintiff can still recover damages even if they are found to be partially at fault, as long as their share of fault does not exceed 50%. Any damages awarded are reduced in proportion to the plaintiff’s percentage of fault. In most cerebral palsy cases involving birth injuries, the fault rests entirely with the medical providers, so this rule rarely reduces a family’s recovery.
Pennsylvania does not cap compensatory damages in birth injury cases. That means families can pursue full compensation for all actual losses, including future medical care, therapy, assistive devices, and more. This is an important protection for families whose children will need support for decades to come.
Filing Deadlines for Cerebral Palsy Claims in Pennsylvania: What Norristown Families Need to Know
Time limits are one of the most critical factors in any medical malpractice case, and cerebral palsy claims are no exception. Pennsylvania sets specific deadlines for filing, and missing them can permanently bar your family from recovering any compensation.
Under 42 Pa. C.S. § 5524(2), the general statute of limitations for personal injury and medical malpractice claims in Pennsylvania is two years. Under Pennsylvania law, the general statute of limitations for medical malpractice claims is two years, meaning that in most cases, you must file a lawsuit within two years from the date you knew or reasonably should have known that you were injured due to a medical provider’s negligence.
For children, the rules are different. Pennsylvania follows what is often called the “18 plus 2” rule. Under this rule, the statute of limitations is paused until the child turns 18. From that point, the child has two additional years to file a personal injury claim, meaning a minor has until their 20th birthday to file a medical malpractice lawsuit related to injuries they suffered as a child.
Parents have a separate and shorter deadline. If a child is injured due to medical malpractice, the parents may have separate claims related to medical expenses paid on the child’s behalf, lost wages from missing work to care for the child, and emotional distress or loss of companionship in certain cases. These parental claims must be filed within two years from the date of the injury, regardless of the child’s age.
Do not wait to speak with an attorney. Even if your child technically has years left to file, evidence fades, medical records become harder to obtain, and witnesses’ memories weaken over time. The sooner you act, the stronger your case will be.
What Damages Can Norristown Families Recover in a Cerebral Palsy Lawsuit
Cerebral palsy carries enormous financial and emotional costs. A successful malpractice claim can help your family recover compensation for the full scope of those losses, both now and in the future.
The Centers for Disease Control and Prevention reports that cerebral palsy affects approximately 1 in 345 children, and the lifetime costs of caring for a child with cerebral palsy are substantial. Families may face ongoing expenses for physical therapy, occupational therapy, speech therapy, adaptive equipment, home modifications, and long-term residential or personal care.
In a Pennsylvania cerebral palsy malpractice case, recoverable damages typically include:
- Past and future medical expenses, including surgeries, therapy, and specialized care
- The cost of assistive devices such as wheelchairs, communication devices, and home modifications
- Lost earning capacity, reflecting the income your child will lose over a lifetime due to their disability
- Pain and suffering, including the physical discomfort and emotional toll the condition causes
- Loss of life’s pleasures, meaning the activities and experiences your child cannot enjoy because of their condition
- Parental out-of-pocket expenses already paid for care and treatment
Because Pennsylvania places no cap on compensatory damages in birth injury cases, families can pursue compensation that truly reflects the lifelong impact of their child’s condition. This matters enormously when you consider that a child diagnosed with cerebral palsy may require round-the-clock care for decades.
Our attorneys at MyPhillyLawyer work with medical and economic experts to build a full picture of your child’s lifetime needs. We present those needs clearly and completely so that any settlement or verdict reflects the true scope of your family’s losses. Families from Norristown to Conshohocken and across Montgomery County deserve nothing less than full and fair compensation.
How MyPhillyLawyer Handles Cerebral Palsy Cases for Norristown Families
Cerebral palsy malpractice cases are among the most demanding in personal injury law. They require a thorough review of prenatal records, labor and delivery notes, fetal monitoring strips, and hospital protocols. They also require credible medical expert testimony to establish that the standard of care was violated and that the violation caused your child’s injury.
At MyPhillyLawyer, we take a hands-on approach to every case we handle. We gather and preserve medical records from the moment you contact us. We consult with qualified medical experts who can evaluate whether the care your child received fell below accepted standards. We also work with economic experts to calculate the full lifetime cost of your child’s care, so that no expense goes unaccounted for in your claim.
Our office serves families throughout the Philadelphia area and Montgomery County, including those who gave birth at facilities near landmarks like the Montgomery County Courthouse on Airy Street in Norristown, or who traveled along Route 202 or the Schuylkill Expressway to reach regional medical centers. Whether your case involves a delayed C-section, improper fetal monitoring, or a failure to recognize signs of birth asphyxia, we know how to build and present a compelling claim.
We handle cerebral palsy cases on a contingency fee basis. That means you pay no attorney’s fees unless we recover compensation for your family. There is no financial risk in calling us to discuss your case. You can reach MyPhillyLawyer at (215) 227-2727 or Toll Free: 866-352-4572. We are ready to listen, answer your questions honestly, and help you decide whether a legal claim is the right path for your family.
FAQs About Norristown PA Cerebral Palsy Lawyer
What is the difference between a birth injury and cerebral palsy?
A birth injury is any harm that occurs to a baby during pregnancy, labor, or delivery. Cerebral palsy is one specific type of birth injury. It results from brain damage that affects movement and motor control. Not all birth injuries cause cerebral palsy, and not all cerebral palsy cases are caused by birth injuries. However, when oxygen deprivation or trauma during delivery damages the developing brain, cerebral palsy can result. If that damage was caused by a medical provider’s negligence, your family may have a valid malpractice claim under Pennsylvania law.
How do I know if my child’s cerebral palsy was caused by medical malpractice?
You cannot know for certain without a thorough review of your child’s medical records by a qualified expert. Signs that malpractice may have played a role include a prolonged or complicated labor, a delayed emergency C-section, abnormal fetal heart rate readings that were ignored, or a diagnosis of birth asphyxia. If any of these were present, contact MyPhillyLawyer at (215) 227-2727 so we can connect you with medical professionals who can evaluate your child’s case.
Can I still file a claim if my child was diagnosed with cerebral palsy years after birth?
Yes, in many situations. Pennsylvania’s minors’ tolling statute pauses the statute of limitations for a child’s own claim until they turn 18. That means your child generally has until their 20th birthday to file a malpractice lawsuit. However, parents who have their own separate claims, such as reimbursement for medical expenses already paid, must file within two years of the injury date. Speak with an attorney as soon as possible to understand which deadlines apply to your specific situation.
Does Pennsylvania limit how much money a family can recover in a cerebral palsy case?
Pennsylvania does not impose caps on compensatory damages in medical malpractice or birth injury cases. That means there is no legal limit on the amount your family can recover for medical expenses, therapy costs, lost earning capacity, pain and suffering, and other documented losses. The amount your family may recover depends on the specific facts of your case, the strength of the evidence, and the full scope of your child’s lifetime needs. Every case is different, and past results in other cases do not guarantee a similar outcome in yours.
What should I bring to my first meeting with a cerebral palsy attorney?
Bring as much documentation as you have. This includes your child’s birth records, any prenatal care records, hospital discharge paperwork, and any diagnoses or treatment records related to your child’s cerebral palsy. If you have records from specialists, therapists, or pediatric neurologists, bring those too. The more information you can share, the better equipped your attorney will be to evaluate your case. If you do not have all of your records yet, do not let that stop you from calling. MyPhillyLawyer can help you obtain the records needed to move your case forward.
More Resources About Medical Malpractice
From our Clients
