Your child deserves a full life. When cerebral palsy (CP) results from a medical provider’s failure during pregnancy, labor, or delivery, your family has the right to pursue compensation under Pennsylvania law. At MyPhillyLawyer, our attorneys serve families throughout the Philadelphia region, including those in Conshohocken, Montgomery County, who are facing the lifelong challenges that come with a cerebral palsy diagnosis. If you suspect a medical error caused your child’s condition, call us at (215) 227-2727 to discuss your situation.

Índice

• What Cerebral Palsy Is and Why Medical Negligence Matters
• Common Medical Errors That Can Cause Cerebral Palsy at Birth
• How Pennsylvania Law Governs Cerebral Palsy Malpractice Claims
• Pennsylvania’s Statute of Limitations for Cerebral Palsy Cases
• What Compensation Families Can Recover in a Cerebral Palsy Lawsuit
• FAQs About Conshohocken PA Cerebral Palsy Lawyer

What Cerebral Palsy Is and Why Medical Negligence Matters

Cerebral palsy is a group of neurological disorders that affect a person’s movement, muscle tone, and motor skills. It is caused by damage to the developing brain before, during, or shortly after birth. It is the most common motor disability in childhood, and the Centers for Disease Control and Prevention (CDC) reports that approximately 1 in 345 children in the United States has been diagnosed with cerebral palsy.

Not every case of CP is preventable. According to the CDC, the majority of cerebral palsy cases (about 85 to 90 percent) are congenital, meaning they occur before birth or during development. However, a meaningful portion of cases involve preventable medical errors.

An estimated 10 to 20 percent of cerebral palsy cases are caused by medical malpractice. That number represents real families, real children, and real failures by medical providers who had a duty to act carefully.

Medical negligence, in legal terms, means a healthcare provider failed to meet the accepted standard of care that a reasonably competent provider would have followed under the same circumstances. When such negligence happens during pregnancy, labor, or delivery, it can result in brain damage that causes cerebral palsy.

The CDC estimates that it costs over $1.5 million (adjusted for 2026) to provide lifetime care for a person with cerebral palsy. That figure does not account for lost earning capacity, emotional suffering, or the personal toll on your family. A successful legal claim can help address all of these losses.

If your child was born at a hospital near Conshohocken, such as Suburban Community Hospital or Einstein Medical Center Montgomery, and you believe something went wrong during delivery, speaking with a Philadelphia abogado de lesiones personales at MyPhillyLawyer is a smart first step.

Common Medical Errors That Can Cause Cerebral Palsy at Birth

Oxygen deprivation is the most direct cause of the brain damage that leads to cerebral palsy. When a baby’s brain is deprived of oxygen, even briefly, the damage can be permanent and severe. Several specific medical errors are known to cause this type of harm.

A delayed emergency C-section is one key cause. If there were clear signs of obstructed labor and the doctor did not immediately order an emergency C-section in time to prevent brain damage or nerve injury, that delay can be the basis for a malpractice claim.

Allowing prolonged or difficult labor, or failing to address umbilical cord prolapse, can cut off oxygen to the baby, potentially causing hypoxic-ischemic encephalopathy (HIE). This often leads to cerebral palsy and permanent brain damage. HIE is a condition where the brain is starved of both oxygen and blood flow, and it is a direct precursor to CP in many birth injury cases.

Failure to monitor, recognize, or act on signs of fetal or maternal distress is another common error. This includes missing signs of birth asphyxia or delaying urgent care when fetal heart rate tracings indicate a problem.

Improper use of delivery tools, such as forceps or vacuum extractors, can also cause direct physical trauma to a baby’s head and brain. Mismanaged shoulder dystocia, where the baby’s shoulder becomes lodged during delivery, is another documented cause of oxygen deprivation and injury.

Infants born prematurely, before the 37th week of pregnancy, have a greater risk of developing cerebral palsy. Babies born before the 32nd week have a very high risk, according to the CDC. When prematurity results from a provider’s failure to manage a high-risk pregnancy properly, that too can form the basis of a legal claim.

Families driving along the Schuylkill Expressway (I-76) through Conshohocken to reach Philadelphia-area hospitals deserve providers who follow proper protocols. When those providers fall short, our team at MyPhillyLawyer is ready to help you hold them accountable.

How Pennsylvania Law Governs Cerebral Palsy Malpractice Claims

Pennsylvania law gives families a clear legal framework for pursuing cerebral palsy claims. The Medical Care Availability and Reduction of Error Act, known as the MCARE Act, governs how medical malpractice cases are filed and litigated in this state. Under the MCARE Act, before a lawsuit can proceed, the plaintiff must file a Certificate of Merit, which is a formal statement from a qualified medical expert confirming that the provider deviated from the accepted standard of care.

Pennsylvania also does not cap compensatory damages in birth injury cases. Pennsylvania does not have the same kind of general compensatory damages cap that limits many birth injury cases in other states. This means families can seek the full value of their child’s lifetime care needs, lost future earnings, pain and suffering, and other losses without an artificial ceiling imposed by state law.

Under Pennsylvania’s comparative negligence statute, 42 Pa.C.S.A. § 7102, a plaintiff’s recovery is reduced by their share of fault, but they are not barred from recovering unless their negligence exceeds that of the defendants. In most cerebral palsy cases involving clear hospital or physician error, this provision has little practical effect on the family’s claim.

Pennsylvania law also requires medical providers to carry malpractice insurance, which means there is typically a source of compensation available when negligence is proven. Cases filed in Montgomery County are heard in the Montgomery County Court of Common Pleas, located in Norristown, Pennsylvania. Cases with Philadelphia connections may also be filed in Philadelphia County’s Court of Common Pleas at City Hall.

Families pursuing these claims should also know that the MCARE Act limits punitive damages against an individual physician to 200 percent of compensatory damages, except in cases involving intentional misconduct. Under the MCARE Act, punitive damages require willful or wanton conduct or reckless indifference, and gross negligence alone is not enough.

Pennsylvania’s Statute of Limitations for Cerebral Palsy Cases

Filing deadlines in cerebral palsy cases are among the most important things families need to understand. Missing a deadline can permanently eliminate your right to seek compensation, no matter how strong your case is.

The general statute of limitations for medical malpractice in Pennsylvania is found in 42 Pa. C.S. § 5524. Pennsylvania’s statute of limitations for medical malpractice claims, including cerebral palsy cases, is found in 42 Pa.C.S. § 5524. Under this law, the deadline for filing a medical malpractice case is two years from the date of the injury or the date when it should have reasonably been discovered.

For children, however, the clock works differently. Under Pennsylvania’s Minor’s Tolling Statute, 42 Pa.C.S. § 5533, the 2-year statute of limitations for a child’s injury does not begin until they turn 18, allowing claims to be filed until the child turns 20.

Pennsylvania also applies a discovery rule. In Fine v. Checcio, 870 A.2d 850 (Pa. 2005), the Supreme Court of Pennsylvania held that the medical malpractice statute of limitations does not start to run until the date the plaintiff knew or should reasonably have known that their injury resulted from medical malpractice. This matters enormously in cerebral palsy cases, because cerebral palsy affects a child’s motor skills and functioning, and babies develop those over time. This means that many parents won’t notice the signs that a child might have cerebral palsy for nine to 18 months after their birth.

Parents also have their own separate claims for medical expenses they paid and other losses. Parents who have suffered damages as a result of a birth injury or whose child has died as a result of medical malpractice must file a lawsuit for those damages within two years of the injuries or wrongful death. This is a stricter deadline and one that families must not ignore.

Do not wait to get legal advice. Deadlines can be difficult to calculate, and the sooner you contact MyPhillyLawyer at (215) 227-2727, the more time our team has to build your case before those windows close.

What Compensation Families Can Recover in a Cerebral Palsy Lawsuit

Raising a child with cerebral palsy involves extraordinary financial demands. A successful malpractice claim can provide compensation that addresses both the economic and non-economic losses your family has suffered and will continue to face.

Economic damages include the cost of all past and future medical care. Medical costs are 10 times higher for children with CP than for children without CP or intellectual disability. Recoverable economic losses typically include physical therapy, occupational therapy, speech therapy, adaptive equipment, home modifications, special education services, and 24-hour nursing care where needed.

Lost earning capacity is another major component. If your child’s condition will prevent them from working as an adult, Pennsylvania law allows you to claim the value of those lost future wages as part of your damages. A parent who leaves the workforce to provide full-time care may also claim their own lost wages.

Non-economic damages include pain and suffering, emotional distress, and loss of life’s pleasures. These are real losses that Pennsylvania law recognizes, and they can be substantial in a case where a child will face lifelong physical limitations.

Pennsylvania law also allows wrongful death claims when a birth injury results in the death of a child. These claims are separate from the malpractice claim itself and have their own legal requirements. Families in Conshohocken who have lost a child due to a delivery room error should speak with our team about both types of claims.

Because Pennsylvania imposes no cap on compensatory damages, families are not limited in what they can seek. The goal of a CP malpractice claim is to provide your child with the resources they need for a full lifetime of care, from early intervention programs near the Conshohocken waterfront to specialized adult care facilities throughout the greater Philadelphia region.

To learn what your family’s claim may be worth, call MyPhillyLawyer at (215) 227-2727 o llamando al número gratuito 866-352-4572. Our office is located in Philadelphia, Pennsylvania, and we serve families throughout Montgomery County and the surrounding region. There is no fee unless we recover for you. (Clients remain responsible for case expenses regardless of outcome, and specific fee terms will be discussed at the time of your consultation.)

FAQs About Conshohocken PA Cerebral Palsy Lawyer

What is the difference between a birth injury claim and a general medical malpractice claim in Pennsylvania?

A birth injury claim is a type of medical malpractice claim, but it specifically involves harm that occurred before, during, or shortly after childbirth. Both types of claims are governed by Pennsylvania’s MCARE Act and require a Certificate of Merit from a qualified medical expert. Birth injury claims involving minor children also benefit from special tolling rules under 42 Pa.C.S. § 5533, which pause the filing deadline until the child turns 18, giving injured children until their 20th birthday to file. General adult malpractice claims do not have this extension.

How do I know if my child’s cerebral palsy was caused by a medical error?

You may not be able to tell on your own, and that is normal. Signs that a medical error may have occurred include a prolonged or difficult labor, a delayed C-section despite signs of fetal distress, low Apgar scores at birth, a NICU stay, or a diagnosis of hypoxic-ischemic encephalopathy (HIE). An attorney can review your child’s medical records and consult with medical experts to evaluate whether the standard of care was met. Contacting MyPhillyLawyer at (215) 227-2727 is a good first step in getting that evaluation started.

Can I still file a claim if my child’s cerebral palsy was diagnosed years after birth?

Yes, in many cases you can. Pennsylvania’s discovery rule, established in Fine v. Checcio, 870 A.2d 850 (Pa. 2005), allows the two-year filing clock to start from the date you discovered, or reasonably should have discovered, that medical negligence caused your child’s injury. Because many children are not diagnosed with CP until months or even years after birth, the discovery rule can be critically important. Additionally, under the Minor’s Tolling Statute, a child’s own claim does not expire until their 20th birthday. Speak with an attorney as soon as possible to protect your rights.

Does Pennsylvania limit how much money a family can recover in a cerebral palsy malpractice case?

Pennsylvania does not cap compensatory damages in medical malpractice cases. This means families can seek the full value of their child’s lifetime medical care, lost future income, pain and suffering, and other losses without a statutory ceiling. Punitive damages, which are awarded in cases of especially egregious conduct, are limited under the MCARE Act to 200 percent of compensatory damages against an individual physician, except in cases of intentional misconduct. Because there is no compensatory cap, these cases can result in significant recoveries when the evidence supports the claim.

What should I bring to my first meeting with a cerebral palsy attorney at MyPhillyLawyer?

Bring as much documentation as you have available. This includes your child’s medical records from the hospital where the delivery occurred, prenatal records, any NICU records, therapy records, and your child’s current diagnosis documentation. If you have records showing fetal heart rate monitoring strips or delivery room notes, those can be especially useful. Do not worry if you do not have everything. Our team can help you request records and identify what additional information is needed to evaluate your claim. Call us at (215) 227-2727 to schedule your consultation.

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