Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Bringing a child into the world should be a joyful moment. But for some families, that moment is filled with worry when something doesn’t go as planned during delivery. One possible outcome of complications at birth is a diagnosis of cerebral palsy—a condition that may be linked to medical negligence.
In this article, we explain what cerebral palsy is, how it may result from medical malpractice, what parents should watch for, and how Oklahoma families can explore their legal options.
Cerebral palsy is a condition that affects movement, muscle tone, and posture. It’s caused by abnormal brain development or damage to a developing brain—often before or during birth. While cerebral palsy itself isn’t progressive, its effects can be long-term and, in some cases, lifelong.
There are different types of cerebral palsy, including spastic (characterized by stiff muscles), dyskinetic (characterized by involuntary movements), and ataxic (characterized by balance problems). Some children may have a combination known as mixed cerebral palsy.
Children with this condition often face challenges with walking, speaking, feeding, and fine motor skills. Many will need physical therapy, medication, and ongoing care.
About 10,000 babies are diagnosed with cerebral palsy “Every single year in the United States. The Agency for Disease Control and Prevention (CDC)
While not every case of cerebral palsy is preventable, some are the result of avoidable mistakes made by medical providers during labor and delivery. These are often called “birth injuries.”
One of the most common causes is a lack of oxygen in the baby’s brain, also known as hypoxia or anoxia. This can happen during a long labor if the baby is in distress or if the delivery is delayed when urgent action is needed.
Roughly 20% of cerebral palsy cases are linked to brain injury during labor and delivery. –
Mistakes that may contribute to birth-related brain injuries include:
Medical Error | Description |
| Delay in C-section | Not ordering C-section despite fetal distress or stalled labor |
| Improper fetal monitoring | Ignoring abnormal heart rate or late decelerations |
| Misuse of delivery instruments | Excessive force with vacuum or forceps causing head trauma |
| Failure to treat infections | Untreated jaundice or meningitis leading to brain damage |
| Prolonged labor | Increased risk of oxygen deprivation and physical trauma |
| Umbilical cord complications | Compression or prolapse cutting off oxygen supply to the baby |
The failure to act on signs of fetal distress—such as late decelerations or meconium-stained amniotic fluid—can increase the risk of hypoxic injury during labor.
To file a medical malpractice claim in Oklahoma, certain legal elements must be proven. The first is that the provider owed a duty of care to the patient. The second is that this duty was breached—meaning The care provided was below acceptable medical norms. Third, this breach must have directly caused injury. Finally, the injury must have resulted in damages—such as medical costs, long-term care, or pain and suffering.
In a birth injury case, this means showing that a doctor or nurse failed to follow standard procedures during labor or delivery and that this failure caused your child’s condition.
Often, an experienced birth injury attorney collaborates with medical experts to review records, assess the actions taken during birth, and determine whether negligence occurred.
Early intervention and therapy can significantly improve outcomes for children with cerebral palsy, especially when diagnosed and treated within the first two years of life. The National Institute of Neurological Disorders and Stroke
Oklahoma law grants parents the right to pursue a medical malpractice claim when a healthcare provider’s negligence causes harm to their child. However, these claims must follow strict rules.
In Oklahoma, the statute of limitations for medical malpractice is two years—but exceptions may apply for minors. – Oklahoma Statutes §76-18
That means you typically have two years from the date you knew—or reasonably should have known—that malpractice occurred. For children, the deadline may be extended, but it’s best not to delay.
Oklahoma also follows a comparative negligence rule. If multiple parties share blame—or if the parent may have been partially responsible—compensation may be reduced based on each party’s percentage of fault.
Families may seek compensation for:
If your child was diagnosed with cerebral palsy and you believe something may have gone wrong during birth, you don’t have to face this alone. There are steps you can take to protect your child’s future.
Start by gathering your child’s medical records and hospital documentation. Write down anything you remember from the labor and delivery experience, especially if you were told your baby had low oxygen or complications.
A second opinion from a pediatric neurologist may help you understand whether a brain injury occurred and when it likely happened. Once you have this information, consulting with A birth injury lawyer can help you understand available options.
At Graves McLain Injury Lawyers, we understand how life can change after a child is diagnosed with cerebral palsy. These cases are emotional, complex, and time-consuming—but you don’t have to handle it on your own.
Our attorneys work closely with medical experts to investigate what happened and determine whether your child’s injury was preventable. We take the time to listen, explain your rights, and guide you through the legal process.
Yes. If a doctor fails to order a timely C-section despite signs of fetal distress, it may lead to oxygen deprivation and brain injury.
An attorney can review your medical records and consult with specialists to determine if negligence played a role in your child’s condition.
Yes. Most malpractice claims must be filed within two years, but more extended time frames may apply if the child is a minor. A lawyer can advise based on your case.
You may recover medical expenses, therapy costs, future care needs, and pain and suffering. Each case is unique and should be reviewed by an attorney.
Not always. Many birth injury cases are resolved through settlements and compensation. However, experienced legal counsel will prepare to take the case to trial if necessary.
Cerebral palsy caused by medical mistakes during birth is a tragedy no family should endure—but when it happens, you have the right to seek accountability. Knowing the signs, understanding the law, and speaking with a qualified attorney can help you take the next step toward answers and support.
The team at Graves McLain Injury Lawyers helps families across Oklahoma understand their options when birth injuries occur. With experience, resources, and compassion, we’re here to support your family every step of the way.
Please make an appointment for a free consultation with Graves McLain Injury Lawyers right now to find out how they can support your future.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
