Helping families in St. Petersburg get the compensation they need to provide for their children’s futures after a cerebral palsy diagnosis

If your child has recently been diagnosed with cerebral palsy, you’re probably dealing with a whirlwind of emotions and questions: What caused this? Was it preventable? How will we manage the lifelong care and expenses? These concerns can feel overwhelming, and trying to figure out your options for compensation in Florida can add even more confusion.

Cerebral palsy can result from a variety of factors before, during, or shortly after birth, and in some cases, it may be linked to medical negligence. This page was created to help families like yours understand the possible causes of CP, including mistakes that could have been avoided, and how to seek justice and compensation in Florida.

At Palmer Lopez, our goal is to provide families with the support and knowledge they need to make the best decisions for their children. Our experienced St. Petersburg cerebral palsy attorneys are here to answer your questions, explain the different legal options available to you based on your child’s specific situation, and help simplify the process of getting the compensation your family deserves.

What is cerebral palsy (CP)?

Cerebral palsy (CP) is a condition that affects a person’s ability to move and maintain balance and posture. It happens when a baby’s brain gets damaged or doesn’t develop properly, usually before birth, during delivery, or shortly after birth. This damage can lead to problems with muscle control, coordination, and motor skills, which can vary from mild to severe.

CP isn’t something that gets worse over time, but the symptoms can change as the child grows. Some common signs include:

While there is no cure, therapies, medications, and assistive devices can help children with CP live fuller, more independent lives.

Can cerebral palsy be caused by birth injury?

Yes, cerebral palsy (CP) can be caused by a birth injury, which occurs when a baby experiences physical trauma or decreased oxygen levels in the womb or immediately after birth. While many birth injuries are preventable with proper medical care, some are not. 

For example, some rare genetic or developmental conditions that affect the baby’s brain can sometimes lead to CP, regardless of the quality of medical care provided.

However, in many cases, CP results from a doctor’s negligence, such as failing to monitor fetal distress, delaying a necessary cesarean section (C-section), or improperly using delivery tools like forceps or a vacuum extractor.

Understanding whether your child’s cerebral palsy was caused by an avoidable birth injury is crucial. If negligence played a role, you may have additional legal options for seeking compensation for the lifelong care and resources your child will need.

Can you sue if your child has cerebral palsy?

Yes, you can sue in Florida if your child has cerebral palsy if you are able to prove that the condition was caused by medical negligence. Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care during pregnancy, labor, delivery, or immediately after birth, and that failure directly causes harm to the baby. 

To successfully sue for cerebral palsy in Florida, you would need to establish:

1. Duty of care. The healthcare provider had a responsibility to deliver care that met accepted medical standards. This is typically a given.
2. Breach of duty. The provider failed to meet those standards by acting carelessly, failing to take action when needed, or making avoidable mistakes.
3. Causation. The provider’s actions—or inactions—directly caused or contributed to your child’s cerebral palsy.
4. Damages. Your child and family suffered measurable harm, such as medical expenses, loss of income, or emotional distress, as a result of the negligence.

Your attorney will gather evidence such as medical records, expert testimony, and witness statements to show where the standard of care was breached and how it led to your child’s condition. Proving negligence is complex and often requires the help of both medical and legal professionals.

What medical mistakes commonly lead to cerebral palsy?

Medical errors that result in cerebral palsy can occur at any point during pregnancy, labor, delivery, or shortly after birth. Some of the most common causes include: 

This is not a complete list of medical errors that can lead to cerebral palsy. If you suspect that something went wrong during pregnancy or delivery that may have caused your child’s CP, we encourage you to discuss your concerns with a knowledgeable birth injury attorney in your area.

What is the Florida Birth-Related Neurological Injury Compensation Plan?

The Florida Birth-Related Neurological Injury Compensation Plan (NICA) was created in 1988 to provide financial and medical support for families of children who suffer specific birth-related neurological injuries.

It is a no-fault compensation program that provides eligible families with lifetime benefits for medically necessary treatments, equipment, and other expenses. NICA is designed to ease the financial burden on families while limiting legal action against healthcare providers in the state. 

However, there are limits on the amount and types of compensation families can receive, and families who accept benefits through NICA cannot file a lawsuit against the healthcare provider for the same injury.

What is a birth-related neurological injury?

A birth-related neurological injury refers to damage to a baby’s brain or spinal cord during or shortly after birth, often resulting in lifelong disabilities. Under Florida’s NICA program, these injuries must be caused by oxygen deprivation—a lack of sufficient oxygen to the baby’s brain—or mechanical trauma during labor, delivery, or immediate post-birth resuscitation. 

Oxygen deprivation, also known as hypoxia, can happen if the umbilical cord is compressed or there are complications preventing proper blood flow to the brain. Mechanical trauma refers to physical injury caused by excessive force or improper techniques during labor and delivery. This can include the misuse of delivery tools like forceps or a vacuum extractor, which may lead to damage to the baby’s brain or spinal cord. 

Both oxygen deprivation and mechanical trauma can result in serious, permanent impairments, affecting a child’s motor skills, cognitive abilities, or overall development.

What does NICA cover?

The Florida Birth-Related Neurological Injury Compensation Plan (NICA) helps families of children with qualifying birth injuries by covering essential medical and living expenses. It pays for treatments, therapies, nursing care, medications, medical equipment, and even home or vehicle modifications to make life easier. 

Families can also receive up to $10,000 a year for counseling and a one-time maximum payment of $250,000 to parents or guardians for financial support. Additionally, there is a $50,000 death benefit if the child passes away. NICA provides clear guidelines on what’s covered and gives families a way to resolve disputes if needed. 

What benefits are NOT provided by NICA that could be recovered through a birth injury lawsuit?

While the Florida Birth-Related Neurological Injury Compensation Plan (NICA) offers significant benefits to families, there are critical areas it does not cover that could be pursued in a birth injury lawsuit. These gaps primarily relate to non-economic damages and certain financial losses that go beyond the scope of NICA’s benefits.

Benefits NOT Covered by NICA include:

Families who feel their child’s needs or losses extend beyond NICA’s benefits may find a lawsuit provides more comprehensive compensation and a sense of justice.

Who should consider filing a cerebral palsy lawsuit in Florida?

You should consider a birth injury lawsuit in Florida instead of seeking compensation through the NICA program if your child’s cerebral palsy does not meet NICA’s strict criteria or if the doctor responsible for your child’s injury does not participate in the program. 

Additionally, depending on the severity of your child’s CP, a lawsuit may provide compensation that better addresses the lifelong financial and emotional challenges your family faces.

Some reasons a lawsuit may be necessary or preferred include:

• Ineligibility for NICA. NICA covers only certain neurological injuries caused by oxygen deprivation during labor and delivery. If your child’s CP resulted from other factors, such as untreated infections, improper prenatal care, or negligence during pregnancy, NICA may not apply. Additionally, if the delivering doctor is not part of the NICA program, your family cannot access its benefits.
• Severity of CP and long-term needs. Severe CP often requires significant lifelong care, including therapies, specialized equipment, home modifications, and personal care assistance. If your child’s needs exceed what NICA provides, a lawsuit may be the only way to secure adequate compensation for these expenses.
• Impact on parental income. Many parents of children with CP must reduce their working hours or leave their jobs entirely to become full-time caregivers. While NICA offers some financial support, it may not fully address the loss of parental income or the need for ongoing professional care.

If any of these situations apply to you, consulting with a local St. Petersburg cerebral palsy attorney can help you understand all available options and determine the best path forward to secure the resources your child needs for their future.

Where can I find the best St. Petersburg cerebral palsy attorney near me?

At Palmer Lopez, we recognize that nothing matters more than your child’s well-being. Getting them the resources they need to thrive is at the forefront of most parents’ minds, and we are here to help you achieve that goal. 

Our practice specializes in birth injury and medical malpractice claims, so we have a deep understanding of how the system works, including its complexities and potential pitfalls. Let us put our experienced St. Petersburg cerebral palsy lawyers to work for your family to get the justice and compensation your child deserves. 

Contact Palmer Lopez today for a free consultation, and let us help you start building a brighter future for your child.