Cerebral palsy (CP) is a neurological disorder caused by damage to the developing brain, often resulting in impaired movement, muscle tone, or posture. The majority of cerebral palsy cases—approximately 85% to 90%—are congenital, meaning the brain injury occurs before or during birth[1]. A critical question often raised is whether cerebral palsy is caused by negligence in prenatal monitoring, and if medical malpractice during pregnancy, labor, or delivery can be responsible.
**Causes of Cerebral Palsy and the Role of Prenatal Monitoring**
Cerebral palsy results from brain damage that can occur due to various factors, including premature birth, low birth weight, infections, oxygen deprivation (hypoxia), or trauma during delivery. Prenatal monitoring aims to detect and manage risks that could lead to such brain injuries. When prenatal care is inadequate or negligent, it can fail to identify or address these risks, potentially contributing to cerebral palsy.
Premature birth is a significant risk factor for cerebral palsy. Research shows that between 33% and 50% of cerebral palsy cases involve premature babies, with the highest risk in those born before 28 weeks of gestation[4]. Low birth weight, often associated with prematurity, also increases the risk due to complications like respiratory distress syndrome and infections that can damage the brain[4]. Proper prenatal monitoring includes tracking fetal growth, detecting intrauterine growth restriction (IUGR), and managing high-risk pregnancies such as multiples, which are prone to preterm labor[4].
**Medical Negligence and Cerebral Palsy**
Medical negligence in prenatal monitoring or during labor and delivery can cause or contribute to cerebral palsy. Negligence occurs when healthcare providers fail to meet the accepted standard of care, leading to preventable brain injury. Examples include:
– Failure to recognize and respond to fetal distress, such as signs of oxygen deprivation (hypoxia)[2][5].
– Delayed or failure to perform a medically necessary cesarean section (C-section)[1][2][3].
– Improper use of delivery tools like forceps or vacuum extractors, which can cause trauma[1][2][5].
– Inadequate monitoring of maternal and fetal vital signs before and during labor[5].
– Failure to treat conditions like jaundice promptly, which can lead to kernicterus, a form of brain damage[1].
A notable case in 2025 involved a $951 million verdict in Utah where multiple failures—including inexperienced staff, excessive use of labor-inducing drugs (Pitocin), physician negligence, and delayed C-section—resulted in hypoxic-ischemic encephalopathy (HIE), a brain injury causing cerebral palsy[3]. This case illustrates how systemic breakdowns in prenatal and perinatal care can lead to severe brain injury.
**Prenatal Monitoring: What It Entails and How Negligence Occurs**
Prenatal monitoring includes regular check-ups, ultrasounds, fetal heart rate monitoring, and screening for infections or complications. It is designed to identify risks such as fetal distress, abnormal growth, or maternal health issues that could threaten the baby’s brain development.
Negligence in prenatal monitoring may involve:
– Missing or misdiagnosing critical conditions like placental insufficiency or umbilical cord problems.
– Failing to act on abnormal test results or warning signs.
