What Can Cause Cerebral Palsy During Pregnancy and Childbirth?

 Posted on January 27, 2026 in Cerebral Palsy

Although the process of carrying a pregnancy to term and delivering an infant is hardly unique, it is fraught with opportunities for complications and injuries to both the child and the mother. In some cases, negligence on the part of a hospital can result in a child being born with cerebral palsy, a group of developmental disorders that inhibit motor control.

At Birth Injury Law Alliance, Ltd., our Chicago, IL birth injury lawyers have helped clients secure millions in compensation from successful case results. We will investigate your case thoroughly, seeking a full remedy for your child’s lasting injuries.

Three Common Causes of Cerebral Palsy in Infants

According to data from the Centers for Disease Control and Prevention (CDC), about 1 in 345 children in the United States has been identified with cerebral palsy. Many cases of cerebral palsy are congenital, but there are tragic cases that are the result of medical malpractice on the part of neonatal and delivery doctors, nurses, and anesthesiologists. 

Untreated Infection and Fever

When a pregnant woman gets an infection, her body makes chemicals called cytokines to fight it. These chemicals can also affect the baby and cause inflammation, which may lead to brain damage. A high fever can have a similar effect. This is why it is very important to find and treat infections and fevers quickly and properly during pregnancy.

Prolonged Labor and Other Oxygen-Depriving Conditions

Some problems during childbirth can cut off a baby’s oxygen and cause brain injuries. These problems can include long labor, a torn uterus, umbilical cord issues, the placenta detaching too early, or the baby breathing in meconium. With proper medical care, many of these risks can be reduced or even prevented.

Jaundice 

Jaundice is common in newborns. It happens when too much bilirubin builds up in the baby’s body. When doctors find it early, it is usually easy to treat. If it is missed or ignored, jaundice can lead to a serious condition called kernicterus, a type of brain damage that can cause cerebral palsy.

During pregnancy and shortly after birth, doctors should also check for blood type problems between the mother and baby. A mismatch can cause severe jaundice. If it is not treated, it may lead to brain damage and cerebral palsy.

Can a Hospital Be Held Liable for Causing Cerebral Palsy in 2026?

Filing a claim against a hospital can feel overwhelming. Hospitals are large institutions with their own lawyers, insurance companies, and risk managers. Doctors and nurses may insist that they did nothing wrong. The hospital may say that your child’s cerebral palsy was "unavoidable" or due to natural causes, not mistakes. That can make parents feel powerless and unsure about what to do next.

You have the right to ask hard questions about what happened in the delivery room. You also have the right to seek compensation if medical negligence played a role in your child’s brain injury. Hospitals often defend these cases strongly. They may argue that the medical team followed all rules, or that the brain injury occurred before anyone could have helped. A skilled birth injury lawyer can investigate the incident and help you take the next steps if you have a solid case. 

How to Prove Negligence Occurred in the Delivery Room

Proving negligence starts with gathering all of the relevant documents. Medical records can show when contractions became strong, how the baby’s heart rate changed, when doctors and nurses entered the room, and what decisions they made.

The next step is to compare what actually happened to what a careful medical team should have done in the same situation. For example, if the fetal monitor showed clear signs of distress, a reasonable team might have moved quickly to a C-section. If staff waited too long, that delay can serve as important evidence.

In many cases, other medical professionals will review the records to see if care fell below accepted standards. They look at when things happened and how the team responded to warning signs and question whether safer choices were available. Families can also gather proof about the child’s condition, such as brain scans and therapy notes. Together, this evidence helps show the link between mistakes in the delivery room and the child’s cerebral palsy.

Finally, damages must be documented. This includes the cost of past and future medical care, therapy, equipment, home modifications, and support services. It may also include the child’s pain and suffering and the emotional and financial strain on the family. All of these pieces together help build a strong case that negligence in the delivery room caused real and lasting harm.

How Long Do You Have to Sue a Hospital for Cerebral Palsy?

If your child suffered a birth injury due to a hospital’s negligence, you only have a limited amount of time to take legal action. This time limit is known as the statute of limitations. In most adult malpractice cases in Illinois, there is a two-year statute of limitations. The time limit only goes into effect when the patient learns about or should have known about their injury. In addition, no case can be filed more than four years after the malpractice happened.

Birth injury cases involving children follow different rules. Illinois law gives many families more time to file a lawsuit on behalf of a child who was injured at birth. In many situations, families can file a case for a birth injury, such as cerebral palsy, for up to eight years after the malpractice, as long as the case is filed before the child’s 22nd birthday (735 ILCS 5/13-212). This extra time exists because it can take years to fully understand how serious a child’s condition will be.

These deadlines can be confusing, and small details can change how they apply. Waiting too long can cause a case to be dismissed, even if the child’s injuries are very serious. If you suspect a hospital’s carelessness played a role in your child’s condition, speak to a birth injury lawyer as soon as possible. Our attorneys will review the facts, calculate the likely deadlines, and help protect your child’s rights.

Call a Chicago, IL Cerebral Palsy Lawyer

Watching your child struggle with a preventable condition can be highly distressing as a parent. If your child’s cerebral palsy was a result of medical malpractice, our firm can help you take action. Call Birth Injury Law Alliance, Ltd. at 312-462-4200 to schedule a free consultation with our Cook County, IL birth injury attorneys.