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Much is unknown about the causes of cerebral palsy. It is known, however, that while the majority of cases are congenital, over 20 percent have their onset near the time of birth. About 10 percent of all cases of cerebral palsy are caused by medical error. If you have a child with cerebral palsy and you believe the condition is the result of medical negligence before, during, or immediately after birth, you should check promptly with a birth injury attorney to find out if you have a viable case of medical malpractice. If you live in New York City, you are fortunate to have the talented medical malpractice attorneys at Prime Law Firm easily accessible. We are fully prepared to fight vigorously to make certain you obtain the compensation you deserve. You will not have to pay any attorneys' fees unless we win your case. In many instances we can negotiate a settlement, but we are fully prepared to litigate forcefully on your behalf.
Risk Factors for Cerebral Palsy
Cerebral Palsy (CP) occurs because of a brain injury that may be caused before, during or after birth. The condition affects muscle control, tone, and coordination, and often reflexes, posture, and balance as well. For unknown reasons, males are more likely to be affected by the disorder than females. While there may be genetic and environmental risk factors at play in the development of cerebral palsy, in the cases resulting from birth injury there is usually a causative traumatic event. Risk factors for cerebral palsy include:
- Premature birth or low birth weight
- Multiple birth
- Mother's preeclampsia
- Mother's bacterial infection with fever (chorioamnionitis)
- Separation of the placenta
- Rh factor difference between mother and child
- Baby born in breech position
- Cesarean section
- Certain prenatal fertility treatments
In spite of the fact that the majority of CP cases are congenital, there are still too many situations in which an obstetrician or other medical professional may, through inattention, negligence or incompetence, significantly contribute to the development of the disorder. If your doctor has made a medical mistake that has caused your child's cerebral palsy, you may be able to bring a medical malpractice lawsuit against the doctor and/or the hospital.
At Prime Law Firm, our accomplished New York City attorneys have a well-deserved reputation for success in medical malpractice cases involving birth injuries. We will evaluate your case and only take it on only if we feel confident that we can obtain substantial compensation for your child's past, present and future suffering, as well as for all medical and other related costs.
Medical Mistakes Doctors Make That May Cause Cerebral Palsy
Even very careful doctors make mistakes, but doctors who make mistakes dues to negligence or impairment have to be held accountable. If your doctor is guilty of any of the following, he or she may be guilty of medical malpractice:
- Not preparing for potential problems during a multiple birth, a premature birth, the birth of a malpositioned baby, the birth of a baby being born to a mother with an infection
- Not handling a complication or emergency — such as an uterine rupture, detached placenta, or umbilical cord problem — by an acceptable medical method
- Not noticing fetal or infant distress before, during or after the birth
- Failing to perceive the need for a C-section or to perform this surgery in time
- Performing a C-section improperly or misusing birth devices like forceps
- Not diagnosing or properly treating an infection or preeclampsia in the mother
It should be noted that administrative, as well as medical, mistakes can precipitate the long-term disability of cerebral palsy. Mistakes can be made, for example, when the mother's medical history or blood type is misrecorded, or a diagnostic test, such an MRI or a sonogram, is misread, or if the wrong medication or wrong dosage is prescribed or administered to the mother. If your baby is suffering the mobility or cognitive deficits of cerebral palsy due the negligence of a nurse or hospital administrator, the hospital can be held accountable. When such mistakes occur, the hospital will most likely try to cover them up, which is why you need a strong and savvy attorney to assist you in accumulating evidence to build your case.
Indications that Your Baby May Have Cerebral Palsy
Babies who have cerebral palsy may seem limp, unable to control their muscles. They may be unable to raise their heads while lying on their stomachs, feel stiff, or experience muscle spasms. Their posture as they grow may seem abnormal and they may not reach developmental milestones at usual times. Often, babies with cerebral palsy will have problems eating or swallowing; they may also show a strong preference for using one side of their bodies.
Compensation You Are Entitled to if Your Infant's Cerebral Palsy is Due to Medical Error
According to The Centers for Disease Control (CDC), out of the approximately 10,000 children diagnosed with varying degrees of cerebral palsy each year, at least several thousand cases are the result of preventable medical malpractice. If you believe this is the situation your family is in, you should consult with one of our capable, trustworthy birth injury attorneys as soon as possible. We will thoroughly investigate your case by examining medical records, interviewing witnesses and taking testimony from medical experts in this particular field. If we believe you have a viable case, we will fight strenuously to obtain the compensation you deserve for:
- Medical, hospital and rehabilitative expenses
- Lost wages while caring for the special needs baby or child
- In-home or nursing facility care
- Physical, psychiatric or occupational therapy
- Special education services
- Medication and/or healthcare devices
- Alterations to make you home handicapped-accessible
- Physical pain and emotional suffering
- Your child's loss of ability to enjoy life
No One Should Have to Handle This Situation Alone
Don't try to navigate the murky waters of medical malpractice without a competent, compassionate birth injury attorney close at hand. We will work tirelessly to provide you with the substantial compensation you and your family need to protect your disabled child throughout his or her lifetime. Don't hesitate to call us or to fill out one of the contact forms on our website.
