Abstract: Medical malpractice cases involving allegations of birth injury and resulting in cerebral palsy are among the most complex, costly, and fiercely litigated. The four elements of a medical malpractice case are reviewed with an emphasis on causation. An overview of neonatal encephalopathy in the term infant, cerebral palsy, and types of evidence reviewed when formulating causation arguments is presented from the perspective of a defense legal nurse consultant. (Source: Newborn and Infant Nursing Reviews)