Cerebral Palsy and Birth Injuries: When Medical Negligence Is the Cause

For the parents of children living with cerebral palsy, the questions rarely stop at the diagnosis. As new parents come to terms with the costs of medical care and long-term disability, many may find themselves wondering about the root cause of the condition. Could my child’s cerebral palsy have been prevented through better prenatal care? If a medical professional failed to meet their duty of care, do I have a medical malpractice lawsuit?

Eder Sturm Eder understands the profound gravity of such questions. While not every instance of cerebral palsy is the result of a medical error, many cases trace back to causes that someone should have foreseen and prevented. When a doctor, nurse, or hospital fails to monitor a baby in distress, waits too long to deliver, or mismanages a known complication, the result can be permanent physical or intellectual disability. This begets a lifetime of care that a family never planned for.

Proving medical negligence takes medical evidence and legal analysis, provided within the statute of limitations in your state. It also requires a careful review of the medical records by people who know what should have happened at every step. And even when negligence is clear, securing the compensation a child will need for the rest of their life is a fight of its own.

Eder Sturm Eder represents families of children harmed by birth injuries and medical malpractice across Oregon and Washington. Call today to set up a free consultation about your child's case: (503) 227-4601.

6 Things to Know About Cerebral Palsy and Birth Injury Claims

1. Not all cerebral palsy is caused by negligence — but some is.

Cerebral palsy is caused by damage to or abnormal development of the brain, often before or around the time of birth. Many cases are linked to factors no provider could have controlled: genetic conditions, certain infections during pregnancy, complications of extreme prematurity and so on. A diagnosis alone does not mean anyone did anything wrong.

However, many cerebral palsy cases are linked to events during labor and delivery, especially when a baby is deprived of oxygen and the medical team fails to recognize or respond to it. When that failure falls below the accepted standard of care, the family may have a medical malpractice claim. The only way to know which category a case falls into is to have the records reviewed by qualified medical experts.

2. Oxygen deprivation during labor is a leading cause of cerebral palsy.

One of the most common ways negligence leads to cerebral palsy is oxygen deprivation around the time of delivery. Sometimes called birth asphyxia or hypoxic-ischemic encephalopathy (HIE), this condition is often detectable through fetal heart-rate monitoring, which warns the medical team when a baby is in distress. When those warning signs are missed, misread, or ignored, a child may be born with cerebral palsy and/or brain injury.

Other preventable causes include the mismanagement of labor-inducing drugs like Pitocin, untreated maternal infections, and failure to treat severe newborn jaundice before it damages the brain. These are exactly the kinds of failures that careful record review is built to uncover.

3. A birth injury is not the same as a birth defect.

A birth defect is a condition that develops as the baby forms. Defects tend to be genetic or developmental, and usually not caused by anything a provider did. A birth injury is harm that happens to a baby during pregnancy, labor, or delivery, frequently because a complication was not handled the way it should have been.

Insurance companies and hospital lawyers often try to characterize an avoidable injury as an unavoidable defect, because a defect points away from liability. Establishing that a child's condition was caused by negligence is one of the central battles in birth injury cases.

4. Symptoms of cerebral palsy may not be obvious at birth.

While some instances of cerebral palsy are obvious within minutes of delivery, others may take months, or even years, to diagnose. Parents may first notice that their child is missing developmental milestones, has unusual muscle tone, or struggles with movement and coordination months or even years later. A formal diagnosis can come well after the family has left the hospital and moved on.

A delay in diagnosis does not mean the cause will remain a mystery, however. Evidence of what happened during labor and delivery is created in real time, and preserved in the medical records; this includes monitoring strips, the timing of critical medical decisions, and notes on who did what and when. The sooner those records are reviewed, the better protected the family's options are.

5. Your child's claim has a deadline — and the rules for children are different.

Birth injury cases are subject to strict filing deadlines. In Oregon, a medical malpractice claim generally must be filed within two years of when the injury was discovered or reasonably should have been discovered, under ORS 12.110, with an outer limit of five years from the negligent act. Oregon law does pause certain deadlines while a child is a minor, but for medical malpractice that extension is sharply limited.

Washington works differently. A medical malpractice claim there generally must be brought within three years of the negligent act, or one year from discovery, whichever is later (RCW 4.16.350), subject to an eight-year outer limit. Washington courts have held that the filing period for a child's claim is paused during the child's minority, which can preserve a claim longer than Oregon's rules allow.

In both states, filing rules are complex and the exceptions are narrow; the safest course is to have the case reviewed as early as possible so no deadline is missed. Contact Eder Sturm Eder to find out which deadline applies to your child's case.

6. Birth injury cases are proven with medical records and expert testimony.

Birth injury claims are among the most technical cases in personal injury law. Proving that a provider's negligence caused a child's cerebral palsy requires obtaining the complete prenatal, labor, delivery, and newborn records — and then working with obstetric, neonatology, neurology, and life-care planning experts to show both what went wrong and what it will cost over a lifetime.

This is not work an insurance adjuster will do for you, and it is not work the hospital will volunteer. An experienced birth injury lawyer knows how to assemble the medical timeline, identify the moment the standard of care was breached, and connect that breach to the harm your child suffered.

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What to Do If You Suspect a Birth Injury Caused Your Child's Cerebral Palsy

Whether your child was born in a Portland hospital, a Salem birthing center, or a delivery room in Vancouver or Eugene, the steps you take after a difficult birth can protect both your child and any future claim. Acting early helps preserve the evidence that explains what happened.

• Request the complete medical records. Ask for the full prenatal, labor and delivery, and newborn records, including the fetal heart-rate monitoring strips. You have a right to these records, and they are the foundation of any case.
• Get your child evaluated. Follow through with pediatric specialists, neurologists, and developmental assessments. Early evaluation helps your child and creates a clear record of their condition and needs.
• Write down what you remember. Note what you were told during labor and delivery, who said it, and when. Memories fade, and contemporaneous notes can matter later. Save medical bills, therapy invoices, equipment costs, and any expense tied to your child's care. These build the picture of what the injury truly costs.
• Do not sign anything from the hospital's insurer. Be cautious about recorded statements, quick offers, or releases. You are not required to give a statement, and signing too early can cost your family dearly.
• Talk to an Oregon or Washington birth injury lawyer promptly. Because the filing deadlines for these cases are strict and the medical analysis takes time, early legal advice protects your child's claim. Contact Eder Sturm Eder for a free case evaluation: (503) 227-4601.

How Medical Negligence Causes Cerebral Palsy and Birth Injuries

When a birth injury is caused by negligence, it usually traces back to one of a handful of failures during pregnancy, labor, or delivery. Recognizing them helps explain how these cases are built and what kind of evidence proves them. See our birth injury practice area page for more information about how these tragedies happen.

Common Birth Injuries Linked to Medical Negligence

Cerebral palsy is not the only type of birth injury caused through medical malpractice. Negligence during labor and delivery can cause a range of injuries, some apparent at birth and others that emerge over time. Other common conditions include:

• Hypoxic-ischemic encephalopathy (HIE): Brain injury caused by a lack of oxygen and blood flow during delivery. HIE is a frequent pathway to cerebral palsy and other brain injuries.
• Brachial plexus injuries and Erb's palsy: Damage to the network of nerves controlling the arm and hand, often tied to shoulder dystocia, causing weakness or paralysis.
• Kernicterus: Permanent brain damage from untreated severe jaundice, which can lead to cerebral palsy, hearing loss, and other lasting impairments.
• Intracranial hemorrhage and skull injury: Bleeding in or around the brain, sometimes linked to traumatic deliveries or instrument use.
• Fractures: Broken bones, most commonly the collarbone, can occur during a difficult delivery.

Some of these injuries are visible immediately. Others reveal themselves only as a child grows and misses milestones. Either way, careful follow-up and honest, detailed records are essential to understanding what happened and what your child will need. To learn more about the role of a birth injury lawyer in collecting compensation, call Eder Sturm Eder: (503) 227-4601.

Frequently Asked Questions About Cerebral Palsy and Birth Injuries

Is cerebral palsy always caused by medical malpractice?

No. Many cases of cerebral palsy are caused by factors no provider could have prevented, such as genetic conditions or complications of prematurity. Only some cases are linked to negligence during labor and delivery. The only way to know which applies to your child is to have the medical records reviewed by qualified experts.

How can I tell if my child's cerebral palsy was caused by negligence?

You usually cannot tell from the outside. It requires obtaining the complete prenatal, labor, delivery, and newborn records — including the fetal monitoring strips — and having medical experts evaluate whether the care met the accepted standard and whether any failure caused your child's injury. A birth injury lawyer arranges and guides this review.

What is the difference between a birth injury and a birth defect?

A birth defect generally develops as the baby forms and is usually not caused by a provider's actions. A birth injury is harm that occurs during pregnancy, labor, or delivery, often because a complication was mishandled. The distinction matters because a birth injury caused by negligence can support a claim, while a defect typically cannot.

My child was diagnosed years after birth. Is it too late?

Not necessarily, but it depends on where the child was born and how the deadlines apply. Oregon and Washington have different rules, and the rules for claims on behalf of children differ from those for adults. Because some deadlines can run out sooner than families expect, you should have the case reviewed as soon as possible rather than assuming it is too late — or assuming there is plenty of time.

How long do I have to file a birth injury claim?

In Oregon, medical malpractice claims generally must be filed within two years of discovery, with limited tolling for minors and a five-year outer limit. In Washington, the period is generally three years from the negligent act or one year from discovery, whichever is later, with the period paused during a child's minority. Wrongful death claims have their own deadlines. These rules are complex, so we strongly urge you to talk to a lawyer as soon as you suspect medical negligence in your child’s care.

What if the birth happened at a public or county hospital?

Claims involving public hospitals and government providers can carry shorter notice requirements and special procedures. Missing an early notice deadline can bar an otherwise strong case, so it is especially important to get legal advice quickly when a public entity may be involved.

What if my child's birth happened in Washington instead of Oregon?

Washington has different statutes, insurance rules, and deadlines than Oregon, including different rules for how long a child's claim remains open. Eder Sturm Eder represents families in both states, including Vancouver, Camas, Longview, and the surrounding communities. Contact us to discuss the specifics of your case.

How much does it cost to hire a birth injury lawyer?

At Eder Sturm Eder, we handle Oregon and Washington birth injury and medical malpractice cases on a contingency fee basis. There is no upfront cost, and you pay nothing unless we recover compensation for your family. Consultations are always free.

If your child was diagnosed with cerebral palsy or another birth injury and you believe medical negligence may be the cause, call Eder Sturm Eder at (503) 227-4601 or contact us online for a free, confidential consultation. We represent families across Oregon and Southwest Washington, including Portland, Beaverton, Hillsboro, Salem, Eugene, Bend, Vancouver, and the surrounding communities.