Blog

Learning that your child has cerebral palsy can be devastating. It might be even more upsetting if the injury occurred as a result of a healthcare provider’s negligent or wrongful conduct. You may not know what legal options you have available and could be overwhelmed with the thought of needing to provide ongoing medical care to your child.  

One of the most important things to remember is that you may have the right to file a medical malpractice claim. Learn more about cerebral palsy and how you can sue those responsible.  

Understanding Cerebral Palsy

Cerebral palsy is a neurological condition that affects posture and movement. It’s usually the result of damage that occurs to the developing brain, either before birth or during labor. It’s a condition that disrupts muscle movement but doesn’t necessarily affect intellectual capabilities.  

Some of the most common signs include: 

• Lack of coordination 
• Stiff muscles 
• Exaggerated reflexes 
• Trouble with fine motor skills 
• Tremors 
• Favoring one side of the body 
• Muscle tone variations 
• Trouble talking 
• Trouble swallowing 
• Learning disabilities 
• Delayed growth 
• Trouble hearing 
• Seizures 

The signs your child displays can depend on the severity of the condition, what parts of the brain it affects, and the type of cerebral palsy it is.  

How Medical Malpractice Can Cause Birth Injuries

Birth injuries like cerebral palsy are often the result of a healthcare provider’s negligence. A medical professional has to offer a standard of care that keeps both the mother and baby safe, so they can be held liable if anything they do or fail to do causes harm.  

Healthcare providers can fail to detect fetal distress, which could result in the baby being deprived of oxygen. That can cause damage to the brain and result in all manner of issues, including cerebral palsy. The same can occur if a doctor fails to perform a timely C-section. 

Prenatal infections and diseases can result in health problems for the mother and baby, especially if they go untreated for a significant amount of time. A doctor who doesn’t catch these issues is negligent.  

Another common cause of birth injuries, such as cerebral palsy, is the misuse of devices like vacuum extractors and forceps. If the healthcare provider isn’t trained and experienced in using these instruments, they can apply too much force and hurt the baby. 

The danger doesn’t stop once the baby is born, either. Medical professionals who don’t carefully monitor the infant for oxygen deprivation and infections can be held liable.  

Filing a Lawsuit Against a Healthcare Provider

Medical malpractice lawsuits are one of the legal recourses you have if your child has cerebral palsy. To be successful in these claims, you have to demonstrate that the defendant was negligent. You must establish that they owed your child a duty of care that they breached, resulting in cerebral palsy.  

Keep in mind that not all harm that occurs under medical care is the result of negligence. You can only hold a provider responsible if a reasonably competent medical professional would not have committed the same error.  

This caveat is one of the reasons why you need to rely on medical malpractice lawyers. Lawyers will know medical professionals who can provide testimonies that demonstrate the defendant didn’t offer an adequate level of care.  

You also don’t have an unlimited amount of time to file these claims. Statutes of limitations with medical malpractice claims ensure that cases are brought forward while there is still evidence available. In New York, you typically have two years and six months to file a medical malpractice claim. There may be exceptions, however.  

What Damages Can You Claim After Medical Malpractice?

If your child suffered a birth injury because of medical malpractice, you can claim economic and non-economic damages. Economic damages help you recover the financial losses you’ve experienced because of your child’s injury.  

Medical expenses make up a large part of these damages, including any ongoing medical assistance that your child will need. Lost wages, too, fall under this category. If you need to miss work to take care of your ill child, you can get compensation.  

Non-economic damages compensate you and your child for pain and suffering and other losses that aren’t financial in nature.  

Contact Cerebral Palsy Lawyers for Help

Seeing your child struggling with cerebral palsy can leave you feeling helpless, but there is help available. At Silberstein, Awad & Miklos, our team of New York cerebral palsy lawyers can guide you through this difficult moment so that you can receive the compensation you and your child need. Contact us to schedule a free consultation.