Cerebral palsy (CP) is a lifelong movement disorder caused by non-progressive brain injury or abnormalities that occur during brain development, often before or shortly after birth. One significant cause of CP is brain injury related to oxygen deprivation or other complications around the time of birth, which can be linked to events in the Neonatal Intensive Care Unit (NICU). Delays or inadequacies in neonatal intensive care can indeed contribute to the development of cerebral palsy, particularly when they result in preventable brain damage such as hypoxic-ischemic encephalopathy (HIE)[1][2].
**How Cerebral Palsy Develops in Relation to Neonatal Care**
Cerebral palsy arises from damage to the developing brain, often due to insufficient oxygen (hypoxia) or blood flow (ischemia) during or shortly after birth. One of the most common types of brain injury leading to CP is HIE, which occurs when the brain’s oxygen supply is restricted, causing brain cells to die. This condition affects approximately 2.4 per 1000 births in the United States and is a leading risk factor for CP[1].
In the NICU, premature infants or those with birth complications are closely monitored because they are at high risk for brain injury. Prematurity itself is a major risk factor: studies show that between 33% and 50% of all CP cases are associated with premature birth, with the highest risk in babies born before 28 weeks of gestation[1]. These infants often require intensive monitoring and interventions to prevent brain injury.
**Role of Delays and Inadequate Care in the NICU**
Delays in diagnosis, failure to monitor vital signs properly, or errors in treatment in the NICU can lead to preventable brain injuries. For example, if oxygen levels are not adequately monitored or if signs of distress are missed, the infant may suffer prolonged oxygen deprivation, increasing the risk of HIE and subsequent cerebral palsy[2]. Medication errors or failure to respond promptly to complications can also cause or worsen brain injury.
Medical malpractice claims related to NICU care often focus on these failures, as they can directly cause permanent brain damage. Proving causation requires detailed review of medical records and expert testimony, but when inadequate care is established, families may seek compensation for lifelong care needs[2].
**Advances in Early Detection and Prevention**
Recent research aims to improve early detection of infants at risk for CP while still in the NICU. For instance, a national study led by Dr. Lisa Letzkus at the University of Virginia is developing a tool called PreCEPT, which analyzes vital signs such as heart rate, breathing, and oxygen levels collected in NICUs to identify early physiologic markers (“physiomarkers”) of nervous system dysfunction linked to CP[3]. Early identification allows for earlier intervention during critical periods of brain development, which may improve outcomes.
Additionally, efforts to standardize early CP detection using neurological assessments in high-risk infants have reduced the median age of diagnosis from around 18.5 months to under a year, enabling earlier treatment[4][5]. Earlier diagnosis is crucial because it allows families and healthcare providers to begin therapies that can maximize developmental potential.
**Summary of Medical Evidence**
– **Hypoxic-Ischemic Encephalopathy (HIE)** is the most common brain injury at birth leading to CP, caused by restricted oxygenated blood flow to the brain[1].
– **Prematurity** significantly increases CP risk, with the highest risk in infants born before 28 weeks gestation[1].
– **Inadequate NICU care**, including delayed diagnosis, failure to monitor oxygen levels, and medication errors, can cause or worsen brain injury resulting in CP[2].
– **Early detection tools** using NICU monitoring data are being developed to identify infants at risk for CP during their hospital stay, enabling earlier intervention[3].





