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Birth Injury and Cerebral Palsy Claims

United States (federal and general)Last reviewed 18 September 2026

A birth injury claim requires proof that negligent care during pregnancy, labor or delivery caused the injury, since many cases of cerebral palsy have no negligent cause. Florida and Virginia also run no-fault birth injury programs that can replace a lawsuit for qualifying neurological injuries.

Proving Negligence Caused the Injury

Direct Answer: The claim must show that care during pregnancy, labor or delivery, such as failing to respond to fetal distress or delaying an emergency cesarean, fell below the standard of care and caused the brain injury.

Obstetric, neonatal and neuroradiology experts review the fetal heart tracings, timing of decisions, the baby's condition at birth and imaging. Causation is often the most contested issue, since a baby's brain injury can result from causes unrelated to the delivery.

No-Fault Birth Injury Programs

Florida's Birth-Related Neurological Injury Compensation Plan (NICA) and Virginia's equivalent program provide no-fault benefits for qualifying severe neurological birth injuries and, for participating providers, can be the exclusive remedy in place of a malpractice lawsuit. Whether a case falls within the program is a threshold legal question in those states.

Lifetime Costs and Court Approval

Because cerebral palsy can require lifelong care, damages rest on life-care plans and economic experts. Settlements for a minor typically require court approval, and structured settlements or special needs trusts are used to protect benefits eligibility. Deadlines for minors are often tolled but differ by state and some states have short repose periods for birth injuries, so obtain advice early.

Frequently Asked Questions

Is cerebral palsy always caused by medical malpractice?

No. Many cases arise from causes unrelated to negligent care. A claim succeeds only where experts show substandard care caused or materially contributed to the injury.

What is NICA in Florida?

The Florida Birth-Related Neurological Injury Compensation Association, a no-fault program for qualifying severe neurological birth injuries that can replace a lawsuit against participating physicians and hospitals.

Does Virginia have something similar?

Yes. Virginia's Birth-Related Neurological Injury Compensation Program provides no-fault benefits for qualifying injuries and can bar a malpractice suit against participating providers.

How long do we have to file?

State law varies widely. Many states extend the deadline for children, but some have outer limits or shorter periods for birth injuries, so speak to an attorney as soon as you suspect malpractice.

Does a settlement for a child need court approval?

Usually yes. Courts review settlements for minors, and typically direct how funds are held, sometimes through structured settlements or trusts.

What do I have to prove in a medical malpractice case?

That the provider owed you a duty, that their care fell below the accepted standard of care, and that this breach caused your injury. Most states require a qualified medical expert to say so, and a bad outcome alone is not malpractice.

Can I hire a medical malpractice lawyer without paying upfront?

Usually, yes. Malpractice attorneys almost always work on contingency, being paid a percentage of the recovery only if the case succeeds. Because these cases require expensive expert witnesses that the attorney typically advances, many firms accept only cases with a strong prospect of a substantial recovery. Some states limit malpractice fees by statute or sliding scale, so ask how your state's rules apply.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Fla. Stat. § 766.301 (Florida Birth-Related Neurological Injury Compensation Plan)

    Florida's no-fault plan (NICA) for qualifying birth-related neurological injuries, which can replace a traditional malpractice lawsuit against participating physicians and hospitals.

  4. Va. Code Title 38.2, Ch. 50 (Virginia Birth-Related Neurological Injury Compensation Act)

    Virginia's no-fault program for qualifying birth-related neurological injuries, which can be an exclusive remedy against participating providers.

  5. Fla. Stat. § 766.106 (presuit notice of intent in medical negligence)

    Florida requires notice of intent to initiate litigation and a presuit investigation period before a medical negligence suit can be filed.

  6. Cornell LII Wex — Statute of repose

    An outer time limit that bars a claim after a fixed period from a defined event, regardless of whether the injury has yet been discovered. Many states use them for medical malpractice.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Cross & York what happened and get a free, no-obligation review of your situation.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.