Cerebral Palsy Malpractice In New York

By Author: Frank Torres
Total Articles: 26
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Medical malpractice is caused by the doctor’s avoidable mistake which leads to injury to the patient. In case of cerebral palsy malpractice the injury is usually severe brain damage to the newborn child, necessitating lifelong treatment. Below is some important information about cerebral palsy litigation in New York:
Causes of cerebral palsy:

“Cerebral palsy” (C.P.) was a term identified over a century ago and refers to brain damage or paralysis of the brain. Those affected by cerebral palsy usually have difficulty with moving their arms and legs and experience frequent muscle spasms, since the brain damage prevents the brain from sending signals to the muscles in the body responsible for movement.

C.P. can be present during birth, if the mother suffered from a serious infection while pregnant, abused drugs or alcohol, or failed to provide proper nutrition to the fetus. After birth, the brain damage could be caused by head injury to the baby or child abuse. However, about 20% of cerebral palsy cases are due to medical malpractice which takes place during labor and delivery.

Medical malpractice ...
... C.P.:

While the birthing process can be stressful for everyone involved, modern medicine has given doctors and nurses the ability to monitor the fetus through fetal heart monitoring to ensure that the labor and delivery is proceeding smoothly, and the baby is not experiencing any distress. Cerebral palsy malpractice takes place when the health care professional fails to timely notice or respond to signs of trouble, such as fast heart rate or umbilical cord wrapped around the neck, causing the baby to suffer from oxygen deprivation which may lead to brain damage. When problems arise, performing timely emergency c-section can avoid complications, such as when the body is positioned the wrong way. However, oftentimes physicians choose to continue with vaginal delivery, possibly leading to cerebral palsy.

Furthermore, administering wrong dosage of drugs to the mother, to help during labor may affect oxygen levels of the fetus and lead to brain damage.
Finally, using vacuum or forceps to take the baby out can also cause cerebral palsy, if a greater force is used during the process then necessary.

It is important to consult with a cerebral palsy attorney:

New York has strict limits on starting a medical malpractice action, and since some parents fail to correlate the child’s slow development and difficulty with movement until he or she is a toddler, they often lose their ability to bring a timely lawsuit on their own behalf for loss of services.

There is no cure for C.P., thus being able to bring a successful C.P. malpractice lawsuit may allow the family to afford the necessary lifelong treatment and therapy for the child. It may also help them to recover for child’s loss of future earning capacity, his pain and suffering, as well as loss of enjoyment of life.
A New York cerebral palsy malpractice attorney can help defend the family’s rights and make sure the litigation is commenced timely.

At Duffy and Duffy - cerebral palsy attorney , our cerebral palsy lawyers have the experience to help families whose child has been the victim of cerebral palsy.