A cerebral palsy diagnosis can leave you with unanswered questions and concerns about your child’s future. If you believe your child’s condition may have resulted from medical negligence, a New York birth injury lawyer can help you file a claim.
The claims process can be intimidating, especially when you have a disabled child to care for. But you don’t have to handle this process alone.
Since 2003, Birth Injury Lawyers Group has recovered over $700 million for clients like you. If your child has developed cerebral palsy as a result of medical malpractice, a New York cerebral palsy lawyer from our team can help you pursue justice.
How Do I Know if I Have a Cerebral Palsy Case?
Determining whether you have a cerebral palsy case starts with assessing the circumstances surrounding your child’s condition. Signs that you may have a case include:
- Complications during labor or delivery: There were instances of fetal distress, a delayed cesarean delivery, or improper use of medical tools during your child’s birth.
- Inadequate prenatal care: Medical providers failed to address maternal infections or other risk factors during your pregnancy.
- Inconsistent medical explanations: Healthcare providers have not adequately explained why your child has the condition, or they have given conflicting information.
- Missed warning signs: Medical professionals neglected to monitor and address signs of hypoxia, jaundice, or other complications that could have been treated.
A cerebral palsy attorney in New York can review your medical records and consult with experts to determine whether negligence caused the condition.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Who Can File a Cerebral Palsy Lawsuit?
This kind of lawsuit is typically filed by the parents or legal guardians of a child diagnosed with this condition. In some cases, if the affected individual is of legal age, they may initiate the lawsuit.
If you or your child has developed this condition as a result of medical negligence, a cerebral palsy lawyer in New York can help you pursue compensation.
New York Cerebral Palsy Lawyer Near Me (800) 222-9529
How Can a Cerebral Palsy Lawyer Help You?
Medical malpractice lawsuits can be complex. A skilled lawyer can:
- Investigate your case: A lawyer can collect medical records, consult with experts, and analyze evidence.
- Establish negligence: A lawyer can prove that medical malpractice caused your child’s condition.
- Negotiate a settlement: A lawyer can work with insurance companies or opposing parties to secure fair compensation.
- Represent you in court: If a settlement can’t be reached, a lawyer can fight for your child’s rights in court.
An attorney can enable you to focus on your child’s care while a professional pursues justice on your behalf.
"We know first-hand what you are going through."
What Is the Goal of a Cerebral Palsy Lawsuit?
The primary goal of this kind of litigation is to secure justice and financial compensation for the affected child and their family. This process aims to:
- Hold medical professionals accountable: The litigation ensures that negligent parties are held responsible for the harm they’ve caused.
- Provide financial relief: Litigation helps cover the substantial costs of medical care, therapies, special education, and adaptive equipment necessary for the child’s well-being.
- Support the child’s future: The compensation obtained can establish a secure foundation for the child’s lifelong needs, including housing, education, and rehabilitation.
- Raise awareness: By highlighting instances of medical negligence, litigation promotes better practices within the medical field and helps prevent similar cases in the future.
By pursuing litigation, your family can achieve the peace of mind that comes with knowing that your child’s needs will be met and that justice has been served.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
What Types of Compensation Are Available in a Cerebral Palsy Case?
Compensation in this kind of lawsuit is designed to alleviate the financial burdens families face. Potential damages include:
- Medical expenses: You can receive damages for past, present, and future medical care, including therapy, medications, and surgeries.
- Rehabilitation costs: You can be compensated for physical, occupational, and speech therapies.
- Special education: These damages address the cost of individualized educational programs and assistive technologies.
- Pain and suffering: You can be compensated for emotional and physical hardship.
- Lost wages: You can be reimbursed for income you lost to provide full-time care for your child.
An experienced lawyer can calculate your damages to ensure your family receives the proper support.
What Is the Average Settlement for Cerebral Palsy?
The value of medical malpractice settlements can vary widely based on the severity of the victim’s condition and the circumstances of the malpractice. Some cases result in settlements of hundreds of thousands of dollars, while others reach several million.
Factors that can influence settlement amounts include the:
- Extent of medical negligence
- Severity of the child’s disability
- Costs of ongoing and future care
- Strength of the evidence presented
An attorney can help you pursue a settlement that addresses all of your child’s needs.
What Is the Statute of Limitations on a Cerebral Palsy Lawsuit in New York?
In New York, the statute of limitations for medical malpractice cases is typically two and a half years from the date of the incident.
Exceptions exist for cases involving children. Specifically, parents can file a claim on behalf of their child until their 18th birthday, but no later than 10 years after the malpractice occurred. It’s crucial to consult a lawyer to avoid missing these deadlines.
How Can Medical Malpractice Cause Cerebral Palsy?
Cerebral palsy can result from medical negligence during pregnancy, labor, delivery, or shortly after birth. Common causes include:
- Inadequate monitoring of fetal distress or oxygen levels
- Failure to perform a timely cesarean delivery in emergencies
- Misuse of forceps or vacuum extractors during delivery
- Incorrect administering of medications or dosages
- Failure to address infections, jaundice, or other newborn complications
A lawyer can identify instances of malpractice and hold the responsible parties accountable.
Is Cerebral Palsy Always Caused By Medical Malpractice?
No, not all cases of cerebral palsy result from medical malpractice. The condition can also arise from natural complications, genetic factors, or infections during pregnancy.
Determining the cause of this condition requires a thorough medical evaluation and expert analysis. A lawyer can clarify whether your case involves negligence.
How Does a Cerebral Palsy Case Work?
This kind of case generally follows these steps:
- Initial consultation: You’ll meet with a lawyer to discuss your situation.
- Investigation: Your lawyer will gather medical records, interview witnesses, and consult experts.
- Filing a lawsuit: Your lawyer will submit a legal complaint against the responsible parties.
- Discovery: Both sides will exchange evidence and build their arguments.
- Negotiation or trial: Both parties will attempt to reach a settlement. If one can’t be agreed upon, they’ll proceed to court.
Throughout this process, your attorney will advocate for your child’s best interests.
How Long Does a Cerebral Palsy Case Take?
Since every case is different, there is no one answer as to how long a cerebral palsy case will take. While some cases are resolved within a year, others can take several years.
A wide range of factors can affect the duration of this kind of case, including its complexity and whether it settles or goes to trial. Your lawyer can evaluate your situation and provide a timeline.
Types of Cerebral Palsy
Cerebral palsy is classified into four main types:
- Spastic: Characterized by stiff muscles and difficulty with movement
- Dyskinetic: Involves involuntary movements and muscle tone fluctuations
- Ataxic: Affects balance and coordination
- Mixed: Combines symptoms of multiple other types
Common Causes of Cerebral Palsy
In addition to medical malpractice, other causes of cerebral palsy include:
- Premature birth
- Low birth weight
- Multiple births (e.g., twins or triplets)
- Maternal infections
- Lack of oxygen (hypoxia) during birth
An experienced attorney can help determine if preventable factors contributed to your child’s condition.
Signs of Cerebral Palsy
Early signs of cerebral palsy may include:
- Delayed developmental milestones (e.g., sitting, crawling)
- Abnormal muscle tone (too stiff or floppy)
- Difficulty with coordination and balance
- Feeding or swallowing problems
- Seizures
- Intellectual disabilities
If you notice these signs in your child, it’s critical to seek prompt medical evaluation.
Contact a New York Cerebral Palsy Attorney Today
A cerebral palsy diagnosis can be devastating, especially if it’s the result of medical malpractice. Neither you nor your child should have to pay for a doctor’s negligence.
At Birth Injury Lawyers Group, we’re dedicated to providing compassionate legal support. If your child’s cerebral palsy was caused by medical negligence, a New York cerebral palsy attorney from our team can fight for your family’s rights and help secure fair compensation.
Don’t wait to seek justice for your child. Contact us today for a free case review.
"We are committed to helping families who have suffered medical negligence."