Cerebral Palsy Birth Injury Lawsuit
Posted on June 25, 2025 writen by Jane Paulson in Medical Malpractice
If your child was diagnosed with cerebral palsy following complications during labor or delivery, you may have the right to file a cerebral palsy birth injury lawsuit. These cases hold negligent providers accountable while securing vital support for your child’s lifelong medical and developmental needs.
A successful lawsuit can offer resources for therapies, equipment, and other essential services that allow children to thrive. At Paulson Coletti, we help Portland families navigate these challenges with personalized legal guidance, empathy, and a focus on achieving meaningful results. Working with a knowledgeable medical malpractice lawyer Portland families trust can make all the difference in securing the care a child needs.
Call Us (503) 226-6361 What Is Cerebral Palsy and How Does It Happen During Birth?
Cerebral palsy is a lifelong condition that impairs movement, coordination, and muscle tone. This disorder typically arises from damage to a baby’s brain before, during, or immediately after birth. According to the Cerebral Palsy Alliance Research Foundation, cerebral palsy can interfere with speech, posture, reflexes, and learning ability. In many cases, children may also experience epilepsy or sensory challenges. The condition manifests differently for each individual, but most require consistent therapeutic support and adaptive services over their lifetime.
When complications such as lack of oxygen, untreated maternal infections, or improper use of delivery equipment go unaddressed, they can result in significant brain injury. If these events were preventable, and medical care fell below accepted standards, the situation may rise to legal action.
When Is Cerebral Palsy Considered Medical Malpractice?
When medical negligence causes or contributes to cerebral palsy, it may be classified as malpractice. In Oregon, medical malpractice occurs when a provider fails to deliver care that meets the accepted medical standard, harming the patient. According to the Oregon State Bar, families pursuing a claim must prove four legal elements:
- A healthcare provider had a duty to offer competent medical care
- That duty was breached through negligent action or inaction
- The breach directly caused injury to the patient
- The injury led to specific, measurable harm
In the context of birth injuries, malpractice might involve failing to monitor warning signs like abnormal heart rate, not responding to complications during labor, or misusing tools like forceps or vacuums. These missteps, if proven to have caused the brain injury, may serve as grounds for legal action under Oregon law.
Who Can File a Cerebral Palsy Birth Injury Lawsuit?
Parents or legal guardians may pursue a birth injury claim on behalf of their child. Oregon law allows families to hold negligent medical providers accountable for the harm caused to newborns. Generally, malpractice suits must be filed within two years of discovering the injury. However, in cases involving minors, Oregon provides extended protections that families typically have until the child’s seventh birthday to initiate legal action. This additional time acknowledges that symptoms of conditions like cerebral palsy may take time to emerge fully and be diagnosed.
Navigating legal timelines while managing a new diagnosis can be daunting. For many families, the period following a cerebral palsy diagnosis is filled with emotional and financial strain. From medical appointments to early intervention therapies, it can be hard to focus on what steps to take next. That’s why our Portland legal team is here to help. We guide parents through each stage of the legal process, offering clear explanations, compassionate support, and a strong commitment to pursuing justice on your behalf.
What Compensation Can Families Receive?
Filing a cerebral palsy birth injury lawsuit may lead to compensation that helps cover the immense costs of care and support. These costs can span a child’s entire lifetime, placing a substantial burden on families. Financial recovery may include:
- Expenses related to hospital care, surgeries, and ongoing medical treatment
- Costs for essential therapies such as physical, occupational, and speech therapy
- Adaptive and assistive equipment, including wheelchairs, braces, or communication devices
- Modifications to the home or vehicle to meet the child’s accessibility needs
- Individualized education programs and developmental support services
- Non-economic damages, such as emotional pain, mental anguish, and reduced enjoyment of life
Every case brings its own unique set of challenges. Some children may require round-the-clock care or frequent medical interventions. Others may need lifelong educational support and housing accommodations. We collaborate with life care planners, medical professionals, and economic experts to estimate the true scope of your child’s needs now and in the future and pursue the compensation necessary to meet them.
Speak With a Portland Birth Injury Attorney Today
If your child’s cerebral palsy diagnosis is tied to a preventable mistake during birth, you may be entitled to seek justice. At Paulson Coletti, we stand beside Portland families determined to hold negligent providers accountable.
Call 503-226-6361 to discuss your situation. We’ll listen to your concerns, answer your questions, and help you make informed choices about your next steps.
Paulson Coletti
Trial Attorneys PC
At Paulson Coletti, justice is our mission. As experienced trial attorneys, we fight for injury victims across Oregon and Washington, holding negligent parties accountable. With a proven track record in and out of the courtroom, we are dedicated to securing fair compensation for our clients. We take a client-centered approach, focusing on cases we believe in and delivering results that matter. No fees unless we win—because justice should never come with financial risk.