Ataxic Cerebral Palsy Lawyer

You noticed something was different before anyone gave it a name. Maybe your child was slower to sit up or walk, or struggled with movements that other children managed easily. You may have raised concerns at many appointments before someone finally said the words: ataxic cerebral palsy.

The diagnosis answered some questions, but it raised others. One of the most important is whether what happened to your child's brain was preventable.

If your child has been diagnosed with ataxic cerebral palsy, contact the Brain Injury Law Center today. Call (757) 244-7000 or reach out online to schedule your free, confidential consultation with an ataxic cerebral palsy lawyer and get answers for your family.

Understanding Ataxic Cerebral Palsy

Ataxic cerebral palsy is one of the rarest forms of cerebral palsy, accounting for fewer than ten percent of all cases.​

Unlike other forms of cerebral palsy, which mainly affect muscle tone or movement on one side, ataxic cerebral palsy results from damage to the cerebellum. The cerebellum is the part of the brain responsible for balance, coordination, and motor learning.

The damage itself occurs during pregnancy, childbirth, or shortly after birth. But because the cerebellum continues to develop after birth, the effects often do not become apparent until a child begins missing developmental milestones, sometimes not until age 2 or later.

For many families, the diagnosis comes years after the event that caused it.

Cerebral palsy has four main subtypes. Understanding how ataxic CP differs from other forms of CP can help families make sense of their child's diagnosis and why the treatment, support, and legal considerations involved may differ from those for other forms of the condition.

What Causes Ataxic Cerebral Palsy?

Ataxic cerebral palsy is caused by damage to the developing brain. In many cases, this damage results from a medical error or failure to act during a critical window. Common causes include the following:

• Oxygen deprivation. When a baby is deprived of adequate oxygen during labor, delivery, or in the hours after birth, the effects on the developing cerebellum can be permanent. Fetal distress that goes unrecognized or untreated is one of the most preventable causes of cerebral palsy.
• Infections during pregnancy. Certain infections, including rubella, cytomegalovirus, and bacterial meningitis, can damage the fetal brain if not properly identified and managed during prenatal care.
• Trauma during birth. Difficult deliveries that involve excessive force, improper use of delivery instruments, or delayed intervention can cause direct injury to the brain.
• Reduced blood flow to the fetus. Placental problems, umbilical cord complications, and other conditions that restrict blood flow to the developing brain can cause cerebral damage if not monitored and addressed in time.

Not every case of ataxic cerebral palsy is the result of medical negligence. But if a preventable error contributes to your child's condition, your family has the right to pursue accountability.

How Do I Know If My Child Has Ataxic Cerebral Palsy?

Ataxic cerebral palsy affects the cerebellum. Its effects are most visible in balance, coordination, and controlled movement. Children with ataxic cerebral palsy may experience the following:​

• Unsteady gait or difficulty walking without support;
• Poor balance, particularly when navigating uneven surfaces;
• Difficulty with fine motor skills such as writing, buttoning clothing, or using utensils;
• Tremors or shakiness when reaching for objects;
• Slow or imprecise movements;
• Weak muscle tone;
• Difficulties with depth perception or other visual processing; and
• Speech and language delays.

Symptoms vary widely from child to child. Some children with ataxic cerebral palsy lead mostly independent lives with the right support. Others require significant ongoing care. In both cases, the financial and emotional weight on families is real and often lifelong.

When Is Ataxic Cerebral Palsy the Result of Medical Malpractice?

Ataxic cerebral palsy becomes a legal matter when the brain damage that caused it resulted from a medical provider's failure to meet an accepted standard of care. That failure can occur at any point during pregnancy, delivery, or the postnatal period.​

Some of the most common scenarios we see include:

• A provider failed to monitor fetal heart rate during labor and missed clear signs of distress;
• A necessary C-section was delayed, prolonging oxygen deprivation to the baby's brain;
• Delivery instruments were used improperly or with excessive force;
• A maternal infection was not identified or treated during prenatal care;
• Newborn jaundice was not monitored and escalated to a condition causing brain damage; or
• Signs of oxygen deprivation in the hours after birth were overlooked.

If any of these circumstances were part of your child's birth, it may be important to have a legal team review what happened.

If your child has been diagnosed with ataxic cerebral palsy and something about their birth or prenatal care has always felt unresolved, you have the right to find out what happened. 

The Brain Injury Law Center offers free, confidential consultations for families navigating these cases. Contact us at (757) 244-7000 to speak with an ataxic cerebral palsy lawyer today.

How Much Compensation Can My Family Recover in an Ataxic Cerebral Palsy Case?

Successful ataxic cerebral palsy negligence claims can provide your family with the financial resources to support your child now and into the future. Compensation in an ataxic cerebral palsy case may cover:

• Past and future medical expenses, including specialist care, surgeries, and therapies;
• Adaptive equipment such as mobility aids, communication devices, and assistive technology;
• Home modifications to support your child's safety and independence;
• In-home nursing or caregiver support;
• Special education and developmental services;
• Lost income for a parent who reduces work hours or leaves employment to provide care;
• Your child's pain, suffering, and diminished quality of life; and
• Emotional distress experienced by parents and family members.

A national survey found that families who hired a personal injury attorney received settlements nearly three times higher than those who handled their claims on their own. For a condition that requires lifelong care, that difference is significant.

What Does the Legal Process Look Like for My Family?

We understand that families in this situation are already managing an enormous amount. A legal case should not add to that weight. Our process is designed to minimize the burden on you while building the strongest possible case for your child.

Here is what that looks like in practice:

• We gather the records. Medical records, fetal heart monitor strips, prenatal documentation, and delivery notes are obtained and reviewed by our team. You do not need to track these down yourself.
• We work with independent medical experts. Ataxic cerebral palsy cases require expert testimony to establish what the standard of care required and where it fell short. We have the relationships and resources to retain the right experts for your child's specific circumstances.
• We manage the day-to-day work of the case. You will be kept informed at every stage; our team will handle the investigation, legal filings, and negotiations. This allows you to stay focused on supporting your child.
• We prepare every case for trial. While most cases are resolved through settlement, meaningful results are achieved through thorough preparation. Insurance companies take notice when an experienced ataxic cerebral palsy law firm is prepared to proceed to trial.
• You pay nothing unless we win. There are no upfront costs and no hourly fees. We only receive a fee if we recover compensation for your family.

In a recent episode of the Cases for Causes podcast, Brain Injury Law Center Attorney David Holt discusses the complexities of brain injury litigation, including the legal and medical challenges these cases present and what families can expect when pursuing a claim.

Listen to the Episode Here