Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

Bringing a baby into the world ahead of schedule can be overwhelming. Premature birth—defined as delivery before 37 weeks of pregnancy—comes with a higher risk of medical complications, especially when it happens very early. While many premature babies grow up healthy, others may face long-term conditions like cerebral palsy, which can affect muscle control, development, and daily life.

In some cases, cerebral palsy may be linked to medical mistakes made before, during, or shortly after delivery. Understanding how premature birth and cerebral palsy are connected can help families identify what went wrong—and whether those complications could have been prevented. This guide explains the medical risks, signs to watch for, and when legal support may be necessary.

What Is a Premature Birth?

A baby is considered premature when born before 37 weeks of pregnancy. The earlier the birth, the higher the risk for complications. Babies born very early—especially before 28 weeks—are more likely to need specialized medical care and face long-term health concerns.

There are several known reasons a baby may be born early, including infections, maternal health problems, and poor prenatal care. Sometimes, early delivery is unavoidable. However, in many cases, the risks can be managed or reduced through careful medical attention and treatment.

According to the CDC, about 1 in 10 babies in the United States are born prematurely. each year.

Medical providers must monitor high-risk pregnancies and take steps to protect both the mother and baby.

How Cerebral Palsy and Prematurity Are Connected

Cerebral palsy is a brain condition that affects movement and muscle control. It’s not a disease but a disorder caused by damage to the developing brain. This damage can happen before, during, or shortly after birth. Premature babies are at higher risk because their brains are not fully developed.

Some of the common conditions in preemies that can lead to cerebral palsy include:

  • Periventricular leukomalacia (PVL): damage to white matter in the brain
  • Intraventricular hemorrhage (IVH): bleeding in the brain’s ventricles
  • Hypoxic-ischemic encephalopathy (HIE): brain injury from lack of oxygen

Nearly 45% of all children diagnosed with cerebral palsy were born prematurely, according to published research.

Infections, oxygen deprivation, and poor circulation in the early stages of birth can also contribute to this condition. The earlier the baby is born, the greater the risk of brain injury.

Signs of Cerebral Palsy in Premature Babies

Cerebral palsy can manifest differently in each child, and signs may not be apparent at birth. In premature infants, the symptoms may appear as the child grows.

Some common signs include:

  • Muscle stiffness or floppiness
  • Poor head control
  • Trouble feeding
  • Delayed milestones, such as sitting or crawling
  • Uneven or weak limb movements

These signs may become clearer in the first year of life. A diagnosis may require physical exams, brain imaging, and regular developmental monitoring.

When Medical Negligence May Be a Factor

Not every case of cerebral palsy is preventable. However, some occur due to mistakes made by medical professionals. When healthcare providers fail to follow proper procedures during pregnancy, labor, or delivery—and harm results—it may be considered negligence.

Common examples of possible negligence include:

  • Failing to monitor signs of early labor
  • Not treating maternal infections
  • Ignoring fetal distress signals
  • Incorrect use of delivery tools
  • Delayed NICU interventions
  • Not prescribing progesterone for at-risk pregnancies

When these errors cause harm that could have been avoided, families may have a legal right to take action.

Legal Options for Birth Injury Claims in Oklahoma

In Oklahoma, parents can file a medical malpractice claim if they believe negligence caused their child’s cerebral palsy. These claims require evidence that a doctor or hospital failed to meet the accepted standard of care and that this failure caused injury.

The statute of limitations for filing a birth injury claim in Oklahoma is usually two years from the date the injury was discovered. However, special rules may apply to minors, allowing more time in certain situations.

Oklahoma law generally allows two years from the date of the injury—or discovery of injury—for filing a medical malpractice claim, though minors may have extended rights.

Claims can seek compensation for:

  • Medical treatment and therapy
  • Mobility aids and assistive devices
  • Long-term care costs
  • Special education needs
  • Emotional distress and loss of quality of life

These cases often require expert testimony and detailed medical records.

Related Birth Injuries: Erb’s Palsy and Delivery Trauma

In some birth injury cases, the baby may suffer a different but related condition—like Erb’s palsy. This condition affects the nerves in the shoulder and arm, often resulting from difficult deliveries involving shoulder dystocia or improper use of tools.

Erb’s palsy can result in weakness, loss of motion, or even paralysis of the arm. Like cerebral palsy, it may result from medical negligence during labor and delivery.

Periventricular leukomalacia (PVL) is one of the most common causes of cerebral palsy in premature infants.

Understanding the cause of your child’s injury is key to deciding whether legal action is appropriate.

Preventable Risk Factors and Expected Medical Response

Risk Factor

Standard of Care Response

Maternal infection (e.g., UTI, GBS)Timely screening, treatment, and possible early delivery
History of preterm laborClose monitoring, consider progesterone injections
Preeclampsia or gestational hypertensionManage blood pressure, monitor fetal development
Short cervixPossible cerclage placement, more frequent checkups
Smoking or substance useProvide intervention, additional fetal monitoring
Early labor signsAdminister steroids, prepare NICU and early interventions

FAQs

Can a baby born at 34 or 35 weeks develop cerebral palsy?

Yes. Even babies born just a few weeks early face a slightly higher risk, especially if there are complications like oxygen deprivation or infection.

How do I know if medical negligence caused my child’s cerebral palsy?

Only a thorough review of medical records and expert analysis can confirm that. A lawyer can help investigate whether proper care was followed.

How long do I have to file a cerebral palsy lawsuit in Oklahoma?

Generally, you have two years, but more time may be allowed if the injury involves a minor. Consult a lawyer promptly to ensure your safety and protection.

What costs can be recovered in a birth injury lawsuit?

You may be able to recover money for medical bills, therapy, special equipment, future care needs, and emotional harm to your child or family.

Is Erb’s palsy the same as cerebral palsy?

No. Erb’s palsy affects the shoulder nerves and is usually caused by delivery trauma. Cerebral palsy is a brain condition that affects movement and posture.

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Conclusion

Cerebral palsy in premature babies is a complex condition with many potential causes. In some cases, the injury is unavoidable. But when doctors fail to follow proper procedures, families may be left facing lifelong challenges that could have been prevented.

Graves McLain Injury Lawyers helps Oklahoma families understand whether a medical error played a role in their child’s condition. Our team can investigate what happened and explain your legal options. If you believe your child’s cerebral palsy could have been avoided, speaking with a birth injury lawyer is an essential first step.

Please make an appointment for a free consultation with GRAVES MACLAIN 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.

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