Birth Injury Cases

Cerebral Palsy Lawyer for Kentucky Families

Cerebral palsy from a delivery-room error? How Kentucky families find out what happened, which records matter, the deadlines and what a CP claim covers.

Reviewed by Larry Forman, Attorney

When a child is diagnosed with cerebral palsy, parents ask the same question: could this have been prevented? Sometimes the honest answer is no. But sometimes cerebral palsy follows a delivery in which warning signs were missed, a baby was left without enough oxygen for too long, or a needed C-section came too late. This page explains what cerebral palsy is, how to tell whether a medical error may have played a part, and how a Kentucky claim works.

Cerebral palsy therapy: a toddler in a gait trainer walks toward a parent as a therapist helps.

What cerebral palsy is

Cerebral palsy (CP) is a group of disorders that affect movement, muscle tone and posture. It’s caused by damage to, or abnormal development of, the parts of the brain that control movement. According to the National Institute of Neurological Disorders and Stroke (NINDS), the damage can happen before, during or shortly after birth.

Doctors describe CP by the type of movement problem:

  • Spastic CP, the most common type: stiff muscles and exaggerated reflexes, affecting one side of the body, mainly the legs, or all four limbs
  • Dyskinetic CP: slow, writhing or jerky movements that are hard to control
  • Ataxic CP: problems with balance and coordination

CP can range from mild to severe. Some children also have seizures, intellectual disability, or problems with vision, hearing, speech or swallowing.

Signs parents notice

NINDS says most children with CP are diagnosed in the first two years of life, though mild cases may not be recognized until later. Signs can include:

  • A baby who feels unusually floppy or stiff, or whose head lags when picked up
  • Legs that stiffen or cross like scissors
  • Not rolling over, or not bringing hands together, after about 6 months
  • Using only one hand, or crawling in a lopsided way
  • Seizures as a newborn

These signs don’t always mean CP, but they’re worth raising with your pediatrician. A pediatric neurologist or developmental pediatrician usually confirms the diagnosis, often with an MRI.

When cerebral palsy may be caused by a medical error

Most people with CP have the condition from birth, and NINDS lists many possible causes: genetic changes, problems with how the brain formed, infections or fevers during pregnancy, stroke, or injury around the time of birth. In many cases, the cause is never found. Not every case of CP is malpractice.

A claim may exist when the brain injury was caused by care that fell below the accepted standard, for example:

  • Missed signs of fetal distress on the fetal heart rate monitor
  • A delayed emergency C-section after signs that the baby wasn’t tolerating labor
  • Mismanaged complications such as umbilical cord problems, placental abruption or uterine rupture
  • Improper use of forceps or vacuum extraction
  • Failure to diagnose and treat infections in the mother or newborn
  • Untreated newborn jaundice, which NINDS notes can rarely cause brain damage when severe and prolonged
  • Failure to recognize and treat newborn oxygen-deprivation brain injury (HIE), including timely cooling therapy; see our HIE birth injury page

Whether any of these happened is a medical question. It’s answered by qualified physicians reviewing the complete records, not by a hospital’s explanation in the days after delivery.

The records that matter

  • Prenatal records and ultrasound reports
  • Labor and delivery records, nursing notes and medication records
  • Fetal heart rate monitoring strips, the electronic tracings of the baby’s heart rate during labor
  • Umbilical cord blood gas results and Apgar scores
  • Placenta pathology, if the placenta was examined
  • NICU records, newborn brain imaging and EEGs
  • Pediatric and therapy records since birth

Request the complete records, including the monitoring strips, which are sometimes left out of a standard records request. See how to request medical records.

Kentucky law for cerebral palsy claims

Birth injury claims are medical malpractice claims. The key rules, explained fully on our Louisville medical malpractice lawyer page:

  • One year from discovery. A malpractice claim must generally be filed within one year after the injury is discovered or should have been discovered (KRS 413.140).
  • A child’s own claim generally gets extra time until the child turns 18 (KRS 413.170). The parents’ claims, including for the medical bills they’ve paid, may not. Don’t wait.
  • Certificate of merit. The complaint must be filed with a sworn statement that a qualified medical reviewer was consulted (KRS 411.167).
  • Testimony from physicians is usually needed to prove the standard of care, the breach and causation.
  • No damage caps. Kentucky’s constitution says the legislature “shall have no power to limit the amount to be recovered” for personal injuries (Ky. Const. § 54).

What a cerebral palsy claim can cover

Because CP lasts a lifetime, the claim has to account for a lifetime of needs:

  • Medical care, surgeries, medications and equipment such as wheelchairs and braces
  • Physical, occupational and speech therapy
  • Special education and developmental support
  • Home and vehicle modifications
  • In-home care and, for some children, long-term residential care
  • Lost earning capacity over the child’s working life
  • The child’s pain, suffering and loss of enjoyment of life
  • The parents’ own medical expenses for the child’s care before age 18

These needs are usually projected in a life care plan, prepared with the child’s doctors and therapists, and valued by an economist. Settlement money for a child must be protected; for example, a parent can settle without a court-appointed conservator only when the child’s net share is $25,000 or less, and it must go into a restricted account or annuity (KRS 387.278). Larger settlements often use a structured settlement or trust. Health plans and Medicaid may also need to be repaid; see medical liens in a Kentucky settlement.

How Forman & Associates helps

We gather the complete birth and newborn records, including the monitoring strips, and have them reviewed by qualified physicians in obstetrics, neonatology and pediatric neurology. If the review shows a preventable error, we build the lifetime damages case. If it doesn’t, we’ll tell you that honestly. We prepare every case for trial. Larry Forman has tried 50+ jury trials and won 95% of them. See our case results (past results don’t guarantee a similar outcome) and our main birth injury lawyer page.

Getting the birth and newborn records

Kentucky gives you a right to your own chart. On your written request, a licensed hospital or health care provider must give you one copy of your medical record free of charge; a second copy can cost up to $1 a page (KRS 422.317). Federal privacy law adds a deadline: a provider generally has 30 days to act on your request, with one 30-day extension if it explains the delay in writing (45 CFR 164.524).

For a cerebral palsy claim, ask for more than the visit notes. Request both the mother’s and the baby’s charts: prenatal records, labor and delivery notes, the fetal heart monitor strips, cord blood gas results, NICU records, newborn brain imaging, and later developmental evaluations. Monitor strips are sometimes stored separately, so name them in the request. Keep the copies together with a simple log of every appointment, test and missed workday. That record is often what proves how the injury has changed your life.

Medical negligence claims have a one-year discovery rule in Kentucky, with an outside limit (KRS 413.140(1)(e) and (2)); a child’s claim may be tolled during minority (KRS 413.170).

See all practice areas →

50+ jury trialsReady to take your case to court
Free consultationTalk with us at no cost
No fee unless we winYou pay nothing up front
We come to youPhone, video or in person

Cerebral palsy FAQs

Is cerebral palsy always caused by a doctor’s mistake?

No. Many cases result from problems during pregnancy or causes that are never identified. A claim exists only when substandard care caused the brain injury.

How do I know if my child’s cerebral palsy was preventable?

Qualified physicians need to review the complete records, including the fetal heart monitoring strips, cord blood gases and newborn imaging.

How long do we have to file a cerebral palsy lawsuit in Kentucky?

Malpractice claims generally have one year from discovery. A child’s own claim usually gets extra time until 18, but the parents’ claims may not, so talk to a lawyer soon.

My child wasn’t diagnosed until age 2. Is it too late?

Not necessarily. Deadlines generally run from when the injury and its likely cause were or should have been discovered, and a child’s own claim usually has more time.

What does a cerebral palsy settlement pay for?

Lifetime medical care, therapy, equipment, education support, home changes, care needs and lost earning capacity, plus pain and suffering.

Is cerebral palsy the same as Erb’s palsy?

No. CP is caused by brain injury. Erb’s palsy is an injury to the nerves of the arm and shoulder; see our Erb’s palsy page.

Questions about your child’s diagnosis? Let’s talk

Call (502) 931-6788 or request a free case evaluation. No fee unless we win. Our office is at 1139 S. 4th St., Louisville, KY 40203.

This page is general information as of October 2026, not legal or medical advice.

Call (502) 931-6788 Request a free consultation

Contact us for Your FREE Case Evaluation