We're here to help. Call 310-444-1200 or fill out the form below and our team will reach out shortly.
When doctors diagnose your child with cerebral palsy (CP), you likely have many questions. How did this happen? What will this mean for my child? How will I ensure my child receives the medical care and long-term support he/she needs? Could my child's suffering have been prevented?
At Phil Michels Law, we care deeply about children and are passionate about providing caring legal support to families dealing with a child brain injury or birth injury, such as cerebral palsy. Our in-house physician and legal team are here to answer your questions and determine if you have a claim for medical malpractice.
Our Results in Cerebral Palsy Cases
In one of the largest birth injury verdicts in California history, Phil Michels Law secured a $74.5 million jury verdict for a family whose daughter developed cerebral palsy due to mismanaged delivery — including $53 million for future medical expenses.
Understanding cerebral palsy — the effects, the causes, the costs
Cerebral Palsy (CP) is a general term that refers to a condition where brain damage results in loss of motor control. Depending on the severity of the brain damage, cerebral palsy may not be diagnosed until the child is months or years old.
As there are many types of cerebral palsy, the symptoms of the disorder are broad:
Types of Cerebral Palsy
In severe cases of cerebral palsy, other disorders, such as seizures may exist.
The brain damage that leads to the development of cerebral palsy can occur during pregnancy, during labor or childbirth or during early child development years.
While in many instances, the damage could not have been prevented, in others, the child's suffering was completely avoidable — such as when a doctor fails to treat a maternal infection during pregnancy or when a doctor fails to recognize signs of fetal distress during childbirth (resulting in asphyxia or brain hypoxia — lack of oxygen to the brain). These are examples of medical malpractice. Our attorneys hold negligent doctors, hospitals and other medical providers accountable for the medical negligence that causes children to suffer preventable birth injuries.
Improving the quality of life for children with cerebral palsy
If your child is living with cerebral palsy, it is important to determine if there are sources to provide compensation that will allow you to care for your child properly. We have recovered hundreds of millions of dollars for clients — money that allowed children to have the best medical care, wheelchair accessible housing, physical, occupational and speech therapy, college tuition and much more.
Our attorneys will work with economic and life-care experts to determine the full extent of your child's suffering and the impact that your child's cerebral palsy diagnosis will have on the entire family.
A family may not notice a child's disability until the child is months or years old — and even then, answers may not be forthcoming. When your child is diagnosed with cerebral palsy, you can turn to the Los Angeles law firm of Phil Michels Law for honest answers, straightforward legal advice and compassionate guidance. We can help you determine if your child's cerebral palsy was caused by obstetric negligence or any other form of medical malpractice, and explain your options for moving forward with a negligence claim against the doctor, hospital or other medical provider.
Was medical malpractice to blame for your child's cerebral palsy?
Cerebral palsy (CP) can be caused by a number of factors:
Do not bear the cost of medical negligence alone. At Phil Michels Law, our staff will help you find out what went wrong. If the cerebral palsy was the result of medical negligence, our birth injury lawyers will hold those responsible accountable. Our Los Angeles firm serves clients throughout California and surrounding states.
Whether we determine you have a case or not, we will share all information we find with you, and you owe us nothing unless we recover damages on your behalf.
This is a common question parents have when their child has been given a diagnosis of cerebral palsy. The short answer is that the majority of cases of cerebral palsy are not preventable. Statistically, despite the large number of known and proposed causes, the origin of cerebral palsy in most cases is unclear.
Cerebral palsy can be congenital, meaning a child was born with the condition. The majority of cases are congenital. There is an increased risk of congenital cerebral palsy from infections in pregnancy, congenital brain malformations, low birth weight, placental abnormalities, premature birth, multiple births (twins, triplets), use of infertility treatments, underlying medical problems in the mother and complications during birth in which the fetus is deprived of oxygen. Only about 10% of cerebral palsy cases are from birth asphyxia (lack of oxygen at birth).
Acquired cerebral palsy means it occurred after birth and can be from meningitis, trauma or stroke.
What can a parent do to determine if their child’s case was preventable?
It is the parent’s right to have to have their child’s medical records reviewed to determine whether or not their child’s cerebral palsy was preventable. This can be accomplished by consulting with a reputable medical malpractice attorney who can investigate to determine if there was evidence of negligent care that led to the development of cerebral palsy.
In California, the statute of limitations for medical malpractice is generally three years from the date of the injury, or one year from the date you discovered — or reasonably should have discovered — that malpractice occurred, whichever comes first. However, when the victim is a minor, California law provides important protections. A child has until their 8th birthday to file a medical malpractice claim, regardless of when the malpractice occurred. This is particularly significant in cerebral palsy cases, where a diagnosis may not be confirmed until the child is 12 to 24 months old or even older. Because these deadlines are strict and the consequences of missing them are permanent, it is critical to consult with an experienced cerebral palsy attorney as soon as you suspect malpractice may have occurred.
At Phil Michels Law we handle all cerebral palsy cases on a contingency fee basis, which means there is no upfront cost to your family whatsoever. We advance all costs associated with investigating and litigating your case — including obtaining medical records, retaining expert witnesses, and all other litigation expenses. You owe us nothing unless we successfully recover compensation on your behalf. Given that cerebral palsy cases are among the most complex and expensive to litigate — often requiring multiple nationally recognized medical experts — this arrangement ensures that every family has access to the same quality of representation regardless of their financial situation.
Cerebral palsy malpractice cases are among the most complex in personal injury law and typically take between two and four years to resolve, though some cases settle earlier and others proceed to trial on longer timelines. The process generally involves an initial investigation of medical records, retaining medical experts to review the case, filing suit, the discovery process where both sides exchange evidence, and either settlement negotiations or trial. At Phil Michels Law our in-house board-certified physician allows us to begin the medical review process immediately, which can significantly accelerate the early stages of a case. While the timeline can feel frustrating, a thorough and well-prepared case is what produces the kind of results — including our $74.5 million cerebral palsy verdict — that make a meaningful difference for families.
Families who successfully pursue a cerebral palsy malpractice claim in California may be entitled to recover compensation for a wide range of damages including current and future medical expenses, physical therapy, occupational therapy, and speech therapy costs, specialized equipment such as wheelchairs and assistive devices, home modification costs for wheelchair accessibility, in-home care and nursing costs, the child's lost future earning capacity, pain and suffering, and emotional distress. In cases involving particularly egregious negligence, punitive damages may also be available. Because cerebral palsy is a lifelong condition, the lifetime cost of care for a child with CP can reach into the millions of dollars. Our attorneys work with economic and life-care planning experts to ensure that every dollar of your child's future needs is accounted for and presented to the court or opposing counsel.
Determining whether medical malpractice caused your child's cerebral palsy requires a thorough review of the pregnancy, labor, and delivery records by experienced medical and legal professionals. There are certain patterns that frequently indicate negligence — including failure to monitor fetal heart rate during labor, delayed response to signs of fetal distress, failure to order a timely C-section, mismanagement of maternal infection such as Group B Strep, improper use of delivery-assisting tools such as forceps or vacuum extractors, and failure to treat jaundice in the newborn period. At Phil Michels Law our in-house board-certified physician has been reviewing birth injury cases since 1994 and is specifically focused on identifying whether the standard of care was met. We obtain all relevant records at no cost to you and will tell you honestly whether we believe malpractice occurred — whether or not we ultimately take your case.
Yes — and this is one of the most important things for families to understand. Cerebral palsy is frequently not diagnosed until months or even years after birth, because the developmental delays associated with the condition may not become apparent until the child begins missing motor or cognitive milestones. California law accounts for this reality. As noted above, a minor generally has until their 8th birthday to bring a medical malpractice claim, which gives families time to obtain a diagnosis, understand its cause, and consult with an attorney. The critical question is not when the diagnosis was made, but when the malpractice occurred — which is typically during labor, delivery, or the newborn period. If you have recently received a cerebral palsy diagnosis for your child and are wondering whether something could have been done differently, we encourage you to contact us. There is no cost to have your case reviewed and no obligation to proceed.