Cerebral Palsy and Medical Malpractice

Cerebral palsy (CP) is a permanent condition caused by damage to the developing brain - usually during pregnancy, delivery or shortly afterwards. In most cases cerebral palsy is not the result of negligence. But when the damage was caused by a lack of oxygen at birth that could have been prevented - for example because of a delay in identifying fetal distress or a delay in an urgent cesarean section - the family may have grounds for a compensation claim, subject to the circumstances of the case.

When a family receives a diagnosis of cerebral palsy, the first questions are medical and therapeutic. But at some point another question arises: did this have to happen? This page is meant to give an honest answer - including to those who turn out not to have a claim. We explain what cerebral palsy is, when it is linked to the delivery, how that link is examined, and what a claim means for the child's future.

Want to know whether there is a basis for reviewing your case? An initial consultation at no cost: 077-4075002 | also available on WhatsApp

What Is Cerebral Palsy?

Cerebral palsy is an umbrella term for a group of permanent physical disorders and impairments caused by damage to the developing brain of the fetus or baby. The way the damage presents changes as the child develops. Several main types are usually distinguished:

• Spastic cerebral palsy - the most common type, characterized by muscle stiffness and difficulty moving
• Dyskinetic cerebral palsy - involuntary movements that make motor control difficult
• Ataxic cerebral palsy - impaired balance and coordination
• Mixed forms - a combination of more than one characteristic
• Sometimes other impairments, such as neurological and/or psychological ones, may also result from cerebral palsy

The severity ranges from mild motor difficulty to complete dependence on assistance. Alongside the motor impairment there may also be epilepsy, vision and hearing impairments, and cognitive or communication difficulties - and their extent directly affects the child's care needs and the scope of the claim, if there are grounds for one.

What Causes Cerebral Palsy - and When Is It Linked to the Delivery?

It is important to say this honestly: cerebral palsy has many causes that do not depend on medical treatment - among them genetic factors, infections during pregnancy, fetal strokes and prematurity. Only some cases are linked to the events of the delivery itself.

The main scenario in which the question of negligence is examined is perinatal lack of oxygen (hypoxia) that caused brain damage (HIE - hypoxic-ischemic encephalopathy). Here the legal question focuses on two axes: whether the distress could have been identified in time, and whether the damage could have been prevented by faster intervention.

When Does Cerebral Palsy Give Rise to a Claim?

• Delay in identifying fetal distress - a monitor tracing that was misread, inadequate monitoring, or ignoring warning signs
• Delay in performing an urgent cesarean section - when the decision or its execution was delayed while the baby was in distress
• Poor management of delivery complications - shoulder dystocia, umbilical cord prolapse, placental abruption
• Negligence in resuscitating the newborn and in initial care - resuscitation not performed as required, or delay in transfer to intensive care
• Negligence in the care of premature babies - failure to identify respiratory distress, poor care in the neonatal unit - a field in which our office has unique experience
• Negligence in pregnancy monitoring - failure to identify risk factors that called for different management of the delivery

How Is a Link Between the Delivery and Cerebral Palsy Examined?

This is a medical-legal question examined on the basis of objective evidence from the medical records, including:

1. The monitor tracings from the delivery - whether fetal distress was documented, and when
2. Umbilical cord blood gas tests - an accepted measure of how severe the lack of oxygen at birth was
3. The newborn's condition in the first minutes - Apgar scores, need for resuscitation, early seizures
4. Brain imaging - the pattern of the damage can indicate its timing and the mechanism that caused it
5. Expert opinions - in obstetrics, neonatology and pediatric neurology

The initial review of the documents at our office is free of charge. If the conclusion is that there is no link between the delivery and the injury - we will say so clearly.

What Does Compensation Cover in Cerebral Palsy Claims?

Cerebral palsy claims are among the most complex and significant in tort law, because the compensation is meant to cover lifelong needs. The main heads of damage usually include: close assistance and nursing care, medical and paramedical treatment, rehabilitation equipment and aids, housing and mobility adaptations, the child's loss of earning capacity in adulthood, the parents' expenses and losses, and pain and suffering. The amount of compensation derives from the severity of the injury and the child's needs - every case is examined on its merits, and nothing stated here guarantees an outcome.

Rights Alongside the Claim - National Insurance

Alongside the review of the claim, a child with cerebral palsy may be entitled to a disabled child benefit from the National Insurance Institute and to further rights in the health, welfare and education systems. Exercising these rights does not depend on the question of negligence and does not rule out the claim. As part of our legal support we help families make sure their rights are exercised on both tracks.

Limitation Period: How Long Do You Have to Sue?

When the injured person is the child, the limitation period generally only begins when the child turns 18 - so in most cases a claim can be filed on the child's behalf until age 25. Even so, it is strongly advisable not to wait: locating records and tracings, the availability of witnesses and the quality of the evidence all erode over time. The parents' own claim is subject to different deadlines, so it is important to have the case reviewed as early as possible.

Supporting Families Over the Years - the Experience of Ron-Festinger

A cerebral palsy case is not only a legal proceeding - it is a plan for a child's future. Ron-Festinger Law Office, with more than 40 years of experience and a unique specialization in obstetrics, newborn and premature baby claims, supports families from the first review until the funding for long-term care is secured. Legal fees are charged only if the claim succeeds (No Win No Fee), and the first meeting is at no cost and with no obligation.

Examples of Birth Malpractice and Cerebral Palsy Claims Handled by Our Office

Fetal Distress Not Diagnosed in Time: Cerebral Palsy Following Perinatal Asphyxia

In one case handled by our office, a baby girl suffered severe fetal distress that the medical team did not diagnose in time, despite clear signs on the monitor and in other data. As a result she was delivered by vacuum about four hours late. She was born in an extremely serious condition and was found to be suffering from severe cerebral palsy following perinatal asphyxia.

The baby and her parents were compensated with millions of shekels, in addition to National Insurance payments.

Repeated Vacuum Attempts Instead of a Cesarean Section: Brain Hemorrhage and Brain Damage to the Baby

Another case our office handled concerned a baby boy born with significant brain damage as a result of failed and negligent management of the delivery.

During the delivery the baby's head became stuck, and he had to be delivered quickly. Instead of turning to a cesarean section, the doctor did not present the parents with the option of a cesarean at all, only the option of a vacuum extraction. The doctor performed the extraction negligently, with many repeated attempts beyond what is accepted and with the use of great force. As a result, the extraction was carried out late and in a way that caused a brain hemorrhage, which led to brain damage and significant functional limitations.

The child's parents were compensated with millions of shekels, over and above the payments made by the National Insurance Institute.

Placental Abruption and a Misread Monitor: A Cesarean Section Performed Late

In another case our office handled the claim of a baby girl who was delivered very late because of serious negligence by the medical team in managing the delivery. The negligence included, among other things, that:

1. The mother's vital signs were not measured in the delivery room, even though she was suffering from placental abruption.
2. Twice during the delivery the monitor did not record for an extended period, with no response from the team.
3. During that time no attempt was made to check the maternal and fetal heart rate by other means.
4. Even after recording resumed, the heart rate was misread: the team identified the mother's heart rate as the baby's.

Only very late did the team realize that the tracing read as the fetal heart rate was in fact the mother's, that the fetal heart rate was extremely low, and later that it had disappeared entirely. Only then was a cesarean section decided on, more than an hour after the point at which the decision should have been made. Even after that, precious time passed until the operation itself was performed. As a result the baby was born in an extremely serious condition and, tragically, died two weeks after birth.

The baby's parents were compensated with more than one million shekels.

To schedule an initial consultation: 077-4075002 | also available on WhatsApp

Frequently Asked Questions

Is all cerebral palsy caused by medical malpractice?

No. In most cases cerebral palsy results from factors unrelated to medical treatment - genetics, infections in pregnancy, prematurity and fetal strokes. Only some cases are linked to the events of the delivery, and only some of those involve negligence. That is why every case requires an individual review of the medical records - a review we carry out free of charge.

How do you know whether the cerebral palsy was caused at birth?

Through objective evidence: the monitor tracings, umbilical cord blood gas tests, the baby's condition in the first minutes (Apgar, resuscitation, seizures) and brain imaging, where the pattern of the damage can indicate when it occurred. Experts in obstetrics, neonatology and neurology analyze the full picture and determine whether there is a link to the delivery.

What does compensation in a cerebral palsy claim cover?

The compensation is meant to cover the child's needs for life: nursing care and close assistance, treatment, rehabilitation equipment, housing and mobility adaptations, loss of earning capacity, the parents' expenses, and pain and suffering. The amounts derive from the severity of the injury and the actual needs - every case is examined on its merits.

Until when can a claim be filed on behalf of a child with cerebral palsy?

As a rule, the limitation period for the child's claim begins at age 18, so a claim can be filed on the child's behalf until roughly age 25. The parents' claim is subject to other deadlines. Because the quality of the evidence erodes over the years, it is advisable to seek a review as early as possible.

Can a disabled child benefit be received alongside the claim?

Yes. Eligibility for a disabled child benefit from National Insurance is assessed according to the child's condition, regardless of the question of negligence, and receiving it does not rule out the claim. We recommend pursuing both tracks in parallel and help with this as part of our support.

Which documents are needed to review the case?

Whatever you have - the delivery file, the discharge summaries of the mother and the baby, the imaging tests and the diagnoses made. Even if you have nothing, the records can be obtained from the hospital under your legal right to receive them - and we take care of this for you as part of the initial review.

Contact Us for a Consultation

If your child has been diagnosed with cerebral palsy and you want to understand whether there is room for a legal review - we will be glad to look into it, honestly and at no cost. 077-4075002 | WhatsApp | or leave your details in the form | offices in Jerusalem and Tel Aviv. Legal fees only if the claim succeeds.

The information on this page is general information only, does not constitute legal advice and is not a substitute for individual legal advice. Every case is examined according to its circumstances. For a professional assessment of your case, contact us for an initial consultation at no cost and with no obligation.