A diagnosis of cerebral palsy can change the course of a child’s life—and the lives of their entire family. When the condition is linked to medical mistakes during pregnancy, labor, or delivery, the consequences are not just medical, but also emotional and financial. This is where an experienced cerebral palsy lawyer comes in.
Medical negligence cases are complex, requiring detailed investigation, expert testimony, and a deep understanding of both medicine and the law. Hospitals and insurance companies have legal teams protecting their interests—families deserve the same level of advocacy. A skilled attorney can uncover the truth, establish fault, and pursue the full compensation needed to cover a child’s lifelong care, therapies, and support.
Georgia Attorneys for Cerebral Palsy
The experienced personal injury lawyers at McArthur Law Firm have represented clients affected by medical malpractice for over 40 years. Cerebral palsy is a serious condition that can be brought on by doctors failing to adhere to correct procedure, and affects families for their entire lives. If you or someone you know has a loved one who has been diagnosed with cerebral palsy after birth, contact the personal injury attorneys at the McArthur Law Firm today.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
Overview of Cerebral Palsy Cases
- Types Of Cerebral Palsy
- Problems Caused by Cerebral Palsy
- Who Can Be Held Responsible For Cerebral Palsy
- Frequently Asked Questions About Cerebral Palsy
- Additional Resources
Types Of Cerebral Palsy
Cerebral palsy is a group of disorders that affect how a person moves and maintains balance and posture. In Georgia, as in the rest of the country, cerebral palsy often develops due to a brain injury or lack of oxygen during birth. This condition is permanent and usually diagnosed in early childhood. While each case is unique, doctors typically classify cerebral palsy into four main types based on the symptoms and how the brain is affected.
Spastic Cerebral Palsy: The Most Common Type
Spastic cerebral palsy affects about 80% of children diagnosed with the condition. It is caused by damage to the brain’s motor cortex, which controls movement. The result is increased muscle tone, also called hypertonia, which makes the muscles stiff and tight. This stiffness can limit movement, cause pain, and affect one or both sides of the body. Some children may have trouble walking, sitting, or using their hands. In more severe cases, they may need braces, wheelchairs, or lifelong physical therapy.
Dyskinetic Cerebral Palsy: Involuntary Movements
This type of cerebral palsy is less common but often more unpredictable. Dyskinetic cerebral palsy causes sudden and uncontrollable movements. These can be jerky, slow, or writhing. The cause is damage to a part of the brain called the basal ganglia. Children with this type may have difficulty controlling their hands, arms, feet, or facial muscles. This can make it hard to eat, speak, or hold objects. The movements usually get worse during times of stress or excitement and may disappear during sleep.
Ataxic Cerebral Palsy: Balance And Coordination Problems
Ataxic cerebral palsy is the rarest type and is linked to damage in the cerebellum, the part of the brain that controls balance. Children with ataxic cerebral palsy may walk with their feet spread wide and have trouble with fine motor skills like buttoning clothes or writing. Their movements can appear shaky or unsteady. Speech may also be slow and slurred. This type requires ongoing therapy and, in some cases, assistive devices to support movement.
Mixed Cerebral Palsy: More Than One Type At Once
Some children show signs of more than one type of cerebral palsy. This is called mixed cerebral palsy. The most common form of mixed CP includes both spastic and dyskinetic symptoms. For example, a child may have muscle stiffness in the legs but also have sudden, uncontrolled movements in the arms. Mixed cases are complex and often need a team of specialists to manage treatment.
Early Signs Georgia Parents Should Watch For
Parents in Georgia should watch for warning signs in the first few months or years of a child’s life. These may include delays in crawling, walking, or rolling over, along with unusually stiff or floppy muscles. If a baby shows poor head control, favors one side of the body, or has trouble feeding, those may also be early signs. A pediatric neurologist usually confirms the diagnosis through a combination of exams, medical imaging, and observation over time.
Problems Caused By Cerebral Palsy
Physical Limitations That Affect Daily Life
Children with cerebral palsy may have difficulty with basic physical tasks like walking, standing, or using their hands. Some may need braces, walkers, or wheelchairs. Muscle stiffness or weakness can make bathing, dressing, and eating difficult. These limitations can also increase the risk of other health issues, such as scoliosis, joint deformities, and chronic pain. Physical therapy can help, but many children will need support for their entire lives.
Cognitive And Learning Delays
While not all children with cerebral palsy have intellectual disabilities, many do experience learning difficulties. These can include slower processing speeds, trouble with memory, or delays in language development. In a Georgia school setting, children with cerebral palsy may need special education services or individualized education plans (IEPs). Learning delays can make it harder to keep up with peers, and the child may struggle with self-esteem or social isolation.
Long-Term Therapy And Medical Care Costs
One of the biggest burdens for Georgia families is the cost of long-term care. Children with cerebral palsy often need regular physical therapy, occupational therapy, and speech therapy. They may also require surgery, medication, and special equipment such as wheelchairs or communication devices. These costs can add up quickly and are rarely fully covered by insurance.
Mental Health And Emotional Strain
Caring for a child with cerebral palsy can be emotionally draining. Parents often report high levels of stress, depression, and anxiety. The child may also struggle emotionally due to bullying, isolation, or frustration with their physical limitations. In Georgia, mental health support for special-needs children and their caregivers can be difficult to access, especially in rural areas. Social workers and support groups can be critical but are not always available.
Financial Struggles For Families
Cerebral palsy often affects a family’s ability to earn income. One parent may have to stop working to provide full-time care. Transportation to therapy appointments, medical bills, and special childcare can become overwhelming. In some Georgia cities, resources are more available, but in smaller towns or rural areas, families may be forced to travel long distances for specialized care. These challenges can place lifelong financial strain on the household.
Risk Of Abuse And Neglect
Unfortunately, children with disabilities like cerebral palsy are at higher risk for abuse or neglect, especially in institutional or care settings. In Georgia, there have been cases involving neglect at long-term care facilities or abuse by untrained caregivers. These cases can result in further harm to an already vulnerable child.
Cerebral palsy affects every part of a child’s life, and many of these challenges will continue into adulthood. Georgia families dealing with this condition often need both legal and medical guidance to secure the support and resources their child deserves.
Who Can Be Held Responsible For Cerebral Palsy
Responsibility of Medical Professionals
Doctors, nurses, and midwives are often central figures in childbirth, and if they fail to provide appropriate care, they may be held liable under O.C.G.A. § 51-1-27. A doctor might misread vital test results, fail to notice signs of fetal distress, or delay a critical cesarean section. Nurses might neglect to monitor a mother and baby properly during labor. A midwife might make an error in judgment or use delivery tools incorrectly, leading to injury. In all of these instances, Georgia law requires that medical providers follow specific standards and protocols. When they breach these duties and an infant is harmed, that may provide grounds for a malpractice claim.
Hospital and Institutional Liability
Beyond individual providers, hospitals can also be responsible under Georgia law. If the hospital’s employees make mistakes or if the facility fails to properly train, supervise, or staff its team, the institution itself may be liable. In some cases, the hospital’s internal policies or lack of emergency preparedness may contribute directly to a child’s injury. Georgia recognizes the doctrine of respondeat superior, meaning an employer can be held liable for the actions of its employees when those actions occur within the scope of employment. If a delivery room nurse, anesthesiologist, or resident doctor employed by the hospital makes a critical error, the hospital may be named as a defendant in a legal claim.
Product Liability for Defective Medical Equipment
In certain cases, cerebral palsy may result not from human error but from a defective medical device used during labor or delivery. If a fetal heart monitor fails to detect distress signals or a vacuum extractor malfunctions, the manufacturer of that equipment may be held liable. Georgia’s products liability laws allow injured parties to pursue claims against manufacturers or distributors of defective medical devices. These claims are distinct from medical malpractice lawsuits and fall under Georgia’s products liability statute, which governs situations involving unsafe or improperly designed medical products.
Relevant Georgia Laws Governing Malpractice Claims
The primary statute governing medical malpractice cases in Georgia is the Georgia Medical Malpractice Act. Under O.C.G.A. § 9-11-9.1, anyone filing a medical negligence lawsuit must include an affidavit from a qualified medical expert who has reviewed the case and determined that at least one act of negligence likely occurred. This expert affidavit is a critical procedural requirement that helps establish the legitimacy of the claim early in the process.
Additionally, Georgia has unique statute of limitations rules for minors. According to O.C.G.A. § 9-3-73, a lawsuit that involves a child who was injured before the age of five generally has to be filed before the child turns seven. However, there are exceptions to this rule, and legal advice is often necessary to determine the correct filing deadline based on the specific circumstances of the case. Delays in diagnosis or discovery of the injury may also affect when the clock starts ticking.
Proving Fault in a Cerebral Palsy Case
To succeed in a cerebral palsy malpractice case in Georgia, families must show by a preponderance of the evidence that the child’s condition was more likely than not caused by the defendant’s negligence. This typically requires extensive documentation, including medical records, diagnostic imaging, and expert testimony. Legal teams often work with specialists in obstetrics, neonatology, and neurology to build a strong case and demonstrate how medical errors directly contributed to the child’s injury. Because these cases are complex, they often involve lengthy investigations and consultations with professionals who can explain the standards of care that were breached.
Frequently Asked Questions About Cerebral Palsy
What causes cerebral palsy during birth?
Cerebral palsy is often caused by a lack of oxygen, brain bleeding, or trauma during labor or delivery.
Can cerebral palsy show up months after birth?
Yes. The signs can appear gradually and may not be diagnosed until the child is one or two years old.
Is it always the doctor’s fault?
No. Some cases are unavoidable, but many result from medical errors during birth.
How does someone know if they have a case?
A Georgia malpractice attorney can review medical records and consult with experts to determine whether a case exists.
How long is there to file a claim in Georgia?
Under O.C.G.A. § 9-3-73, a claim generally must be filed before the child’s seventh birthday.
Will filing a claim cost anything upfront?
No. Most Georgia attorneys handle cerebral palsy cases on a contingency fee basis—there is no fee unless compensation is recovered.
What kind of compensation is available?
Compensation may cover medical bills, therapy, home care, pain and suffering, and future lost income.
Is it still possible to sue if the child is older?
Possibly. Georgia law allows exceptions, but legal advice is necessary to determine eligibility.
Is a specialist lawyer required for cerebral palsy cases?
Yes. These cases require attorneys experienced in both medical malpractice and Georgia personal injury law.
How long does a cerebral palsy case usually take?
Most cases take between one and three years, depending on complexity, medical evaluations, and court schedules.
Additional Resources
- Georgia Department of Behavioral Health and Developmental Disabilities – Family Support Services – This source explains the Family Support Services program in Georgia, which helps individuals with developmental disabilities, including cerebral palsy. It provides information on available services, eligibility requirements, and how to apply. The page also outlines the types of support offered, such as respite care and equipment, and lists documentation needed to qualify.
- Northeast Georgia Health System – Understanding Cerebral Palsy – This resource offers basic information about cerebral palsy, including what it is, how it is diagnosed, and its different types. It lists early signs by age group and discusses how symptoms may vary. The page emphasizes the importance of early diagnosis and links to CDC resources for further information.
- NIH – Early Signs of Cerebral Palsy – This government website explains what cerebral palsy is, how it develops, and the symptoms and types. It also includes details on risk factors, diagnosis, treatments, and ongoing research. The page offers links to clinical trials, medical resources, and contact information for organizations that support individuals with cerebral palsy.
- Children’s Healthcare of Atlanta – Cerebral Palsy in Children – This page provides details on how Children’s Healthcare of Atlanta treats cerebral palsy. It outlines their multidisciplinary approach, available nonsurgical and surgical treatments, and specialized clinics. It also gives information about their care team, therapy options, and services to support mobility and independence.
Hire an Attorney for Cerebral Palsy in Atlanta, Macon Georgia
McArthur Law Firm serves the cities of Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dogherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
