Cerebral palsy is caused by a problem with the developing brain. That problem may happen before birth, during labour and delivery, or shortly after birth. In many cases, the precise cause is not clear. In others, there may be identifiable factors such as prematurity, infection, reduced oxygen or blood supply to the brain, stroke, meningitis, neonatal sepsis or a serious head injury.
For families, the question “what causes cerebral palsy?” is often asked for two reasons. First, they want to understand what happened medically. Secondly, they may be concerned that avoidable mistakes during pregnancy, labour, delivery or neonatal treatment played a part.
This guide explains the recognised causes of cerebral palsy, the risk factors that may increase the chance of it occurring, and when there may be grounds to investigate a clinical negligence claim in England and Wales. For further information on how these claims are investigated, what evidence may be required, and the legal process involved, you can read our complete guide to cerebral palsy medical negligence claims.
If you are concerned that avoidable medical care may have contributed to your child’s cerebral palsy, our specialist cerebral palsy solicitors can help you understand whether the circumstances should be investigated. For an initial discussion, call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
What causes Cerebral Palsy? The short answer
Cerebral palsy is caused by damage to, or abnormal development of, the parts of the brain that control movement, posture and coordination. The brain injury is usually described as non-progressive, meaning the original injury does not continue to worsen, although the effects can become more noticeable as a child grows.
The NHS explains that cerebral palsy can arise from problems before birth, during birth or soon after birth. NICE guidance also recognises risk factors such as preterm birth, low birth weight, maternal infection treated in hospital, chorioamnionitis, neonatal encephalopathy, neonatal sepsis and meningitis.
Not every case of cerebral palsy is caused by medical negligence. Many cases arise from events that could not reasonably have been predicted or prevented. However, where substandard maternity, obstetric, neonatal or paediatric care causes avoidable brain injury, legal advice may be appropriate.
Common medical causes of Cerebral Palsy
The causes of cerebral palsy are often grouped by when the brain injury or abnormal brain development occurred.
Causes before birth
Many cases of cerebral palsy are linked to events before birth. These may include white matter damage, reduced blood or oxygen supply to the developing brain, infection during pregnancy, congenital brain malformation, foetal stroke, or injury to the unborn baby’s head.
Examples of infections associated with an increased risk include cytomegalovirus, rubella, chickenpox and toxoplasmosis. Infection in the womb, including chorioamnionitis, may also increase risk. Premature babies are particularly vulnerable because their brains, lungs and blood supply systems are still developing.
Causes during labour and delivery
Cerebral palsy can sometimes be caused by brain injury during labour or delivery. One recognised mechanism is hypoxic-ischaemic injury, where the baby’s brain does not receive enough oxygen and blood flow. If severe or prolonged, this can cause permanent damage.
Potential events during labour may include placental abruption, umbilical cord problems, shoulder dystocia, prolonged labour, uterine rupture, failure to recognise foetal distress, or delay in arranging urgent delivery where the baby is compromised. The legal issue is not simply whether one of these events occurred, but whether competent care would probably have avoided or reduced the brain injury.
Causes shortly after birth
Some causes arise in the neonatal period. These may include meningitis, neonatal sepsis, severe jaundice, very low blood sugar, seizures, breathing difficulties, stroke, choking, near drowning or serious head injury.
Prompt diagnosis and treatment can be important. Where a baby is seriously unwell after birth, clinical teams may need to recognise warning signs, escalate concerns, start treatment quickly and monitor the baby closely.
Can medical negligence cause Cerebral Palsy?
Yes. Medical negligence can cause cerebral palsy where avoidable failures in care cause or materially contribute to brain damage. This is most often considered in birth injury cases involving oxygen deprivation, but it can also arise from failures after birth, such as delay in treating infection, hypoglycaemia, jaundice or seizures.
A cerebral palsy diagnosis alone does not prove negligence. The key questions are whether the care fell below the standard reasonably expected and whether that failure probably caused the child’s injury. These issues usually require detailed review of medical records and independent expert evidence.
Examples of care that may require investigation
- Failure to recognise or respond to abnormal CTG monitoring.
- Delay in escalating concerns to a senior obstetrician or neonatal team.
- Delay in performing an emergency caesarean section or assisted delivery where clinically required.
- Failure to diagnose or treat neonatal sepsis, meningitis, hypoglycaemia, seizures or severe jaundice.
- Failure to advise properly about material risks and reasonable delivery options.
These examples do not automatically mean a claim will succeed. They are indicators that the circumstances may justify expert legal and medical review.
How Clinical Negligence is assessed in England and Wales
In England and Wales, a clinical negligence claim generally requires proof of duty of care, breach of duty and causation. In NHS cases, the defendant is usually the relevant NHS Trust rather than an individual clinician.
Breach of duty: the standard of care
Breach of duty means the care fell below the standard expected of a reasonably competent professional in the same field. The traditional test comes from Bolam v Friern Hospital Management Committee, which asks whether the clinician acted in accordance with a responsible body of medical opinion. Bolitho v City and Hackney Health Authority confirmed that the professional opinion relied on must also be capable of withstanding logical analysis.
In practical terms, expert evidence is essential. An obstetrician, midwife, neonatologist, neuroradiologist or paediatric neurologist may be needed depending on the issues. The court will not decide breach simply because the outcome was poor.
Causation: proving what difference proper care would have made
Causation is often the most difficult part of a cerebral palsy claim. The family must usually prove, on the balance of probabilities, that negligent care caused or materially contributed to the brain injury.
For example, if there was an avoidable delay in delivery, experts may need to assess whether earlier delivery would probably have prevented significant oxygen deprivation. Relevant evidence may include CTG traces, cord blood gases, Apgar scores, neonatal records, seizures, cooling treatment, MRI findings and later developmental assessments.
Consent and material risks
Montgomery v Lanarkshire Health Board is particularly relevant to maternity care. The Supreme Court held that clinicians must take reasonable care to ensure patients are aware of material risks of recommended treatment and reasonable alternative options. In a birth context, this may include discussion of delivery risks and whether caesarean section is a reasonable alternative in the individual circumstances.
How families can find out what caused Cerebral Palsy
Families are often given medical explanations in stages. A child may first show delayed milestones, abnormal muscle tone or feeding difficulties. Further assessment may then involve paediatric review, MRI imaging, developmental assessments and therapy input.
From a legal perspective, a careful investigation usually involves obtaining and reviewing antenatal notes, labour records, CTG traces, delivery notes, neonatal records, blood gas results, medication records, infection markers, imaging and expert reports. This helps identify whether the injury pattern points to an antenatal, perinatal or postnatal cause.
If the records suggest avoidable failings, cerebral palsy solicitors can advise whether there are reasonable grounds to investigate a claim and what expert evidence is needed. Early advice can be valuable because records need to be preserved and limitation periods may apply.
Why choose Elite Law Solicitors for Cerebral Palsy legal advice?
If you are concerned about what caused your child’s cerebral palsy, you need clear advice rooted in careful analysis rather than assumptions. Our cerebral palsy solicitors can help families understand whether the circumstances justify further investigation, what records are needed, and how expert evidence may be obtained.
Elite Law Solicitors is regulated by the Solicitors Regulation Authority. The firm supports clients across England and Wales and has received over 1,600 reviews on ReviewSolicitors. This wider client feedback helps demonstrate trust, consistency and accountability.
An initial consultation can help you understand whether your concerns relate to a recognised risk factor, an unavoidable complication, or a possible avoidable failure in care. To speak to our cerebral palsy lawyers, call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
What causes Cerebral Palsy? Key takeaways
- Cerebral palsy is caused by damage to, or abnormal development of, the developing brain.
- It may occur before birth, during labour and delivery, or shortly after birth.
- Recognised causes include reduced oxygen or blood supply, infection, stroke, meningitis, neonatal sepsis, serious head injury and prematurity-related brain injury.
- Not every case is due to poor medical care.
- Medical negligence may be relevant where avoidable failings caused or materially contributed to brain injury.
- Expert evidence is usually essential to determine likely cause and legal prospects.
Frequently Asked Questions about what causes Cerebral Palsy
Can lack of oxygen at birth cause cerebral palsy?
Yes. Lack of oxygen and reduced blood flow during labour or delivery can cause brain injury and may lead to cerebral palsy. This is sometimes associated with hypoxic-ischaemic encephalopathy. Whether there is a legal claim depends on whether the oxygen deprivation was avoidable and whether competent care would probably have prevented the injury.
Can cerebral palsy be caused before birth?
Yes. Many cases are linked to problems before birth, including abnormal brain development, reduced blood or oxygen supply, infection during pregnancy, congenital malformation or foetal stroke. This is why a child’s medical history, pregnancy records and MRI findings are important when considering likely cause.
What causes cerebral palsy after birth?
Postnatal causes may include meningitis, neonatal sepsis, severe jaundice, very low blood sugar, stroke, seizures, breathing problems or serious head injury. The legal relevance depends on whether these issues were recognised and treated appropriately, and whether any delay caused avoidable brain damage.
Does premature birth cause cerebral palsy?
Premature birth is a recognised risk factor. Babies born very early are more vulnerable to brain injury, including white matter damage. Prematurity does not automatically mean cerebral palsy was unavoidable, but it is an important medical factor that experts consider when assessing cause.
How do I know if medical negligence caused my child’s cerebral palsy?
You may not know without specialist review. Concerns that may justify investigation include abnormal CTG monitoring, delayed delivery, unexplained neonatal seizures, low blood gases, diagnosis of HIE, delayed treatment of infection or hypoglycaemia, or concerns raised by clinicians after birth. These signs do not prove negligence, but they may indicate that legal advice should be obtained.
What evidence is needed to investigate what caused cerebral palsy?
Important evidence may include antenatal notes, maternity records, CTG traces, delivery notes, neonatal records, blood gas results, infection markers, MRI imaging, developmental assessments and expert reports. A solicitor can help obtain and organise these records before seeking independent medical opinion.
Is there a time limit for bringing a cerebral palsy claim in England and Wales?
Time limits depend on the circumstances. In claims involving a child, the usual limitation period generally does not expire before their 21st birthday, although families should seek advice much earlier if possible. If the person lacks mental capacity, different rules may apply. Specific advice should always be obtained.
Speak to our Clinical Negligence Solicitors
Speak to our Clinical Negligence SolicitorsIf you are asking what causes cerebral palsy because you are worried that medical care may have played a part, our clinical negligence solicitors can help you understand whether the circumstances should be investigated.
Our clinical negligence team also advises on a broad range of related claims, including brain injuries, birth injuries and wrongful birth claims. This wider experience can be particularly valuable where a cerebral palsy investigation involves overlapping issues in maternity care, neonatal treatment, infection management, diagnosis, rehabilitation and long-term care planning.
We can arrange appointments in a way that works for you, including in-person meetings and remote consultations by telephone or video, enabling families across England and Wales to obtain clear, practical advice.
Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book your initial consultation.
This article is for general information only and relates to the law of England and Wales. It is not legal advice. Specific advice should be obtained about your individual circumstances.
