When a child is diagnosed with cerebral palsy because of a preventable birth injury, families face emotional, financial, and medical challenges that can last a lifetime. As a Philadelphia cerebral palsy lawyer at Wapner Newman, we understand the weight you carry, and we are here to help you seek justice.
For more than 40 years, our firm has stood beside Pennsylvania and New Jersey families fighting for accountability when medical negligence changes a child's life forever.
If you suspect that a doctor, nurse, or hospital caused your child's cerebral palsy, you have legal options. Pennsylvania law allows families to pursue compensation for medical care, therapy, lost earning capacity, and pain and suffering.
Call our team today (215) 569-0900 or 800-529-6600 for a free, confidential consultation, so we can review your case and explain your rights.
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What Is Cerebral Palsy, and How Does It Happen?
Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture, often caused by damage to a baby's developing brain before, during, or shortly after birth.
According to the Centers for Disease Control and Prevention, cerebral palsy is the most common motor disability in childhood. In many cases, the condition is unavoidable, but in others, it stems from preventable mistakes during labor and delivery.
Common causes linked to medical negligence include
- oxygen deprivation,
- delayed C-sections,
- improper use of forceps or vacuum extractors
- failure to monitor fetal distress
- untreated infections in the mother
When a healthcare provider fails to follow accepted standards of care, the result can be a lifelong condition for your child.
Our Philadelphia cerebral palsy attorneys investigate every detail of your child's birth, working with medical professionals to determine whether negligence played a role. We review hospital records, fetal monitoring strips, and nursing notes to build a clear picture of what happened. Understanding the cause is the first step toward holding the responsible parties accountable.
Why You Need a Philadelphia Cerebral Palsy Lawyer
Birth injury claims involve complex medical records, qualified medical witnesses, and strict legal deadlines, so having a Philadelphia cerebral palsy lawyer on your side makes a real difference. At Wapner Newman, we bring decades of experience in medical malpractice and birth injury claims, so your family does not have to face hospital lawyers and insurance companies alone.
Without an attorney guiding you, important evidence can be lost, and statutes of limitations can run out before you have a chance to file a claim. Our team handles every part of the legal process, freeing you to focus on your child's care and recovery. We pull medical records, retain qualified consultants, and prepare your case from day one as if it will go before a jury.
We also understand the emotional toll these cases take on parents. You deserve a compassionate advocate who listens, explains your options in plain language, and fights for the resources your child needs. From the first phone call to the final resolution, we treat every family like part of our own.
How a Cerebral Palsy Lawsuit Works in Pennsylvania
A cerebral palsy lawsuit in Pennsylvania typically begins with an investigation, followed by filing a complaint, securing a Certificate of Merit, discovery, settlement negotiations, and, if needed, trial.
The goal is to recover compensation for your child's lifelong medical needs and your family's losses, so each step is designed to build the strongest case possible.
One Pennsylvania-specific requirement deserves special attention. Under Pennsylvania Rule of Civil Procedure 1042.3, every medical malpractice complaint must be supported by a Certificate of Merit. This document must be filed with the complaint or within 60 days after the complaint is filed.
The Certificate confirms that an appropriate licensed professional has reviewed the records and concluded there is a reasonable probability the care fell outside accepted standards and caused harm. Courts strictly enforce this rule, and missing the deadline can lead to dismissal. That is why we begin the medical investigation early, so the Certificate is ready when we need it.
Pennsylvania Cerebral Palsy Lawsuit Process
Here is a general outline of how we approach these cases:
- Free case review. We meet with you, listen to your story, and gather initial records to determine whether a viable claim exists.
- Medical investigation and Certificate of Merit. We work with qualified obstetricians, neonatologists, and other physicians who review the records, so the required Certificate of Merit is ready to file within the 60-day window.
- Filing the claim. We prepare and file the lawsuit in the appropriate Pennsylvania or New Jersey court, often in Philadelphia County.
- Discovery and depositions. Both sides exchange evidence, and witnesses testify under oath about what happened.
- Settlement or trial. Many cases resolve before trial, but we prepare every claim as if it will be decided by a jury.
Throughout the process, we keep you informed and explain each step in clear, everyday terms. Knowing what to expect helps families feel more confident as the case moves forward, and we are always available to answer your questions along the way.
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Families can recover compensation for a wide range of damages in a cerebral palsy case, including past and future medical care, therapy, special education, lost earning capacity, and pain and suffering. The exact amount depends on the severity of the injury and the lifelong needs of the child.
Children with cerebral palsy often require physical therapy, occupational therapy, speech therapy, adaptive equipment, and, in some cases, around-the-clock care. The Eunice Kennedy Shriver National Institute of Child Health and Human Development notes that these supports can be needed throughout a person's life, which is why future care costs are a central focus of any claim.
Parents may also recover damages for the income they lose while caring for their child and for the emotional impact on the family. In cases involving gross negligence or recklessness, Pennsylvania courts may award punitive damages, which punish the responsible party and discourage similar misconduct.
Our Philadelphia cerebral palsy attorney team works to identify every type of compensation your family may be entitled to receive.
Types of Birth Injuries We Handle
While cerebral palsy is one of the most serious birth injuries, our firm represents families dealing with many related conditions caused by medical negligence. Each case requires a careful look at what went wrong and how it has affected the child and family.
Some of the birth injury cases we take on include:
- Hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation
- Erb's palsy and other brachial plexus injuries from improper delivery technique
- Skull fractures and intracranial bleeding from forceps or vacuum extraction
- Failure to diagnose or treat maternal infections that harm the baby
- Untreated jaundice leading to kernicterus and brain damage
- Delayed emergency C-section resulting in fetal distress injuries
Every birth injury case has its own facts and challenges, and we approach each one with the same dedication and care. If you are unsure whether your situation involves negligence, we encourage you to reach out for a free case evaluation, and we will be honest with you about what we find.
How Long Do You Have to File a Cerebral Palsy Lawsuit in Philadelphia?
You generally have two years from the date you discover the injury to file a cerebral palsy lawsuit in Philadelphia, but special rules apply when the injured person is a minor. Under Pennsylvania law, a child generally has until age 20 to bring a medical malpractice claim, because the clock pauses until they turn 18.
Despite this extended deadline, waiting can hurt your claim. Evidence can disappear, witnesses' memories fade, and medical records can become harder to obtain. Acting quickly gives your legal team a stronger chance to build a solid case.
In New Jersey, the rules are similar but not identical, so it is important to speak with a Philadelphia cerebral palsy lawyer who handles cases in both states. Our team will review the specific timeline that applies to your child's claim and make sure no important deadline is missed.
How We Prove Medical Negligence in a Cerebral Palsy Case
To prove medical negligence in a cerebral palsy case, we must show that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused your child's injury. This usually requires qualified medical professionals who can review the records and testify about what should have happened.
Specifically, we examine fetal heart rate monitoring strips, delivery notes, anesthesia records, and post-birth assessments such as APGAR scores. Patterns of distress that went unaddressed, or delays in ordering a C-section, are often key signs of negligence.
Our attorneys partner with respected birth injury physicians from leading hospitals across the country to interpret these findings.
Building a strong case also involves understanding hospital policies and protocols. We compare what happened to what should have happened under widely accepted obstetric guidelines from the American College of Obstetricians and Gynecologists. By the time your case reaches trial or settlement talks, we have a clear, evidence-based story to present.
Why Choose Wapner Newman as Your Philadelphia Cerebral Palsy Lawyer?
Choosing Wapner Newman means partnering with a Philadelphia law firm that has won millions for injured clients and treats every family with respect, compassion, and personal attention. For more than 40 years, we have served families across Pennsylvania and New Jersey from our offices on John F. Kennedy Boulevard, just a short walk from City Hall and the bustling Center City corridor.
Our team brings together skilled trial attorneys, dedicated paralegals, and trusted medical consultants who know how to handle complex birth injury claims.
We have secured significant recoveries in serious injury and malpractice cases, including a $45 million verdict for an abuse victim and a $7.25 million result in an elevator injury case. Past results do not predict future outcomes, but our track record shows what we are prepared to do for your family.
When you work with us, you get more than legal representation. You get an extended family that will stand beside you through every step of the case. We listen, we explain, and we fight, so you can focus on what matters most: your child. Call our Philadelphia cerebral palsy attorneys today at (215) 569-0900 for a free, no-obligation consultation.
FAQs about Philadelphia Cerebral Palsy Claims
Below are answers to common questions families ask when considering whether to pursue a cerebral palsy claim in Philadelphia.
How much does it cost to hire a Philadelphia cerebral palsy lawyer?
Most birth injury attorneys, including our team at Wapner Newman, work on a contingency fee basis. This means you pay nothing up front, and we only collect a fee if we recover compensation for your family. During your free consultation, we will explain our fee structure in clear terms, so you know exactly what to expect.
Can cerebral palsy always be linked to medical malpractice?
No, not every case of cerebral palsy is the result of medical malpractice. Some children develop the condition because of genetic factors, prenatal infections, or events outside any provider's control. A thorough medical and legal review is the only way to determine whether negligence may have caused your child's condition.
What evidence will I need to bring to my first meeting?
You do not need to bring anything specific to your first meeting, although prenatal records, hospital records, and any documentation of your child's diagnosis can be helpful. If you do not have these documents, do not worry, because we can request them on your behalf. Just come ready to share your story in your own words.
Will my case go to trial?
Many cerebral palsy cases settle before trial, but not all of them do. We prepare every case as if it will go before a jury, which often encourages insurers and hospitals to offer fair settlements. If trial becomes the right path forward, our seasoned litigators are ready to advocate for your family.
Can I file a claim if my child was diagnosed years after birth?
Yes, you may still be able to file a claim even if the diagnosis came years after birth. Pennsylvania law allows additional time for minors to bring medical malpractice claims, so your child's age at diagnosis does not automatically end your options. Speak with a Philadelphia cerebral palsy lawyer as soon as possible to confirm your timeline.
Will hiring a lawyer disrupt my child's medical care?
No, hiring a lawyer will not disrupt your child's medical care. Your child can continue seeing the doctors and therapists you trust, and we will work with their providers to obtain the records we need. Our focus is on protecting your family while medical professionals continue helping your child progress.
What if more than one provider was responsible?
When more than one provider was responsible, we can pursue claims against each party that contributed to the harm. Hospitals, individual doctors, nurses, and midwives may all share responsibility, depending on the facts. Identifying every accountable party can increase the resources available for your child's future care.
Talk to a Philadelphia Cerebral Palsy Lawyer Today
If your child has been diagnosed with cerebral palsy and you believe medical negligence may be the cause, do not wait to learn your rights. The team at Wapner Newman is ready to listen, review your case, and explain the next steps in clear, honest language. We have spent more than four decades fighting for Philadelphia families, and we are prepared to fight for yours.
Call us today at (215) 569-0900, or toll-free at 800-529-6600, for your free, confidential consultation. There is no fee unless we recover compensation for your child. Reach out now, so we can help you take the first step toward justice and a more secure future for your family.
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