Failure to Diagnose and Treat Infections Leading to Cerebral Palsy

Few moments in life are more devastating than discovering that your child’s lifelong disability could have been prevented. Sadly, though, it is not uncommon for doctors to overlook signs of serious infections that, if left untreated, may lead to brain damage, oxygen deprivation, and, ultimately, cerebral palsy. The failure to diagnose and treat infections leading to cerebral palsy often leaves parents with overwhelming financial burdens and the emotional toll of knowing that timely medical intervention could have altered their child’s future. While money alone cannot repair the damage caused by medical negligence, many families harmed by such errors can recover damages via birth injury claims. If your child sustained harm at birth due to a doctor’s negligence, it is critical to speak to an attorney regarding your options. At DeFrancisco & Falgiatano Birth Injury Lawyers, our dedicated Syracuse birth injury attorneys take pride in aiding families hurt by preventable harm in the pursuit of justice, and if you engage our services, we will advocate zealously on your behalf. We regularly represent families in Syracuse, Rochester, and Upstate New York birth injury cases.

Certain maternal and neonatal infections, such as Group B Streptococcus (GBS), chorioamnionitis, toxoplasmosis, meningitis, and cytomegalovirus (CMV), can lead to serious complications if left untreated. Medical providers are expected to conduct appropriate screenings during pregnancy to detect these infections and take swift action when signs of infection are present during labor or after delivery. For example, untreated GBS can pass from mother to baby during childbirth, potentially leading to sepsis, meningitis, or pneumonia in the newborn. These conditions, when not promptly diagnosed and treated, can result in brain damage and increase the risk of cerebral palsy.

During labor, signs of maternal infection—such as fever, elevated white blood cell counts, or abnormal fetal heart rates—should alert medical providers to intervene with antibiotics or consider alternative delivery methods to prevent harm to the baby. After birth, failure to recognize symptoms of neonatal infection, such as respiratory distress, lethargy, or feeding difficulties, can lead to a delay in treatment and serious neurological injuries.

The failure to diagnose and treat infections leading to cerebral palsy often results in irreversible damage, leaving the child with impairments in muscle coordination, motor function, and cognitive development. Beyond the physical limitations, children with cerebral palsy may require lifelong medical care, assistive devices, and therapies, placing significant financial and emotional strain on their families.

The failure to diagnose and treat infections leading to cerebral palsy is one of the most tragic examples of medical negligence during pregnancy, labor, or shortly after birth. Many families will choose to seek justice for such catastrophic losses by pursuing birth injury claims against the parties responsible for their harm. 

Generally, when parents pursue claims related to the failure to diagnose and treat infections leading to cerebral palsy, they must establish that the defendant healthcare provider was negligent. Under New York law, this means that the plaintiff must first establish that the medical provider owed them a duty to abide by the standard of care, which is what a competent professional working in the same field would consider the good and accepted practice of medicine. 

Next, the plaintiff must show that the defendant to meet the standard of care. Examples of a breach may include a doctor neglecting to test for Group B Streptococcus, ignoring clinical signs of maternal or neonatal infection, or delaying providing antibiotics during labor or after delivery.

The plaintiff must then prove causation by showing that the breach of duty directly caused the child’s harm. For example, if untreated neonatal meningitis resulted in brain damage, there is a clear link between the provider’s failure to act and the injury sustained. Finally, the plaintiff must prove they suffered losses as a result of the breach. 

In most cases, the plaintiff will need to rely on expert testimony to explain how the provider’s actions deviated from accepted medical practices, and how the infection led to the development of cerebral palsy. 

A plaintiff who prevails may be awarded economic damages, which typically encompass the costs of medical care, physical therapy, assistive devices, and home modifications, as well as lost income if a parent must leave the workforce to provide care. They may be granted non-economic damages as well, which may include compensation for pain and suffering, emotional anguish, and the diminished quality of life experienced by both the child and the family.

The failure to diagnose and treat infections leading to cerebral palsy can have devastating consequences for children and their families. At DeFrancisco & Falgiatano Birth Injury Lawyers, we understand the lifelong challenges that cerebral palsy presents, and we are committed to helping families hold negligent healthcare providers accountable. If you believe your child’s cerebral palsy resulted from a provider’s failure to properly address an infection, we can help you assess your legal options and fight for the compensation you need to provide for your child’s future. Our Syracuse birth injury attorneys proudly serve families in Syracuse, Rochester, and throughout Upstate New York. Contact us today for a free, confidential consultation by calling 833-200-2000 or completing our online form.