Cerebral Palsy Attorney in New York

Cerebral Palsy Symptoms

The range of symptoms of cerebral palsy is vast: some people are considerably affected, while others have only mild symptoms. For some, the whole body is affected, while others only have symptoms impacting one or two limbs. In general, cerebral palsy makes movement, coordination, speech, and eating, as well as other basic bodily functions, difficult.

Some common issues with movement include problems with balance, stiff muscles, tremors, or trouble walking due to an unsteady gait. Fine motor skills like buttoning a shirt can also be challenging. Delayed speech development, trouble speaking, and trouble swallowing can also affect sufferers.

Sometimes families become suspicious that their child has cerebral palsy when they are delayed in reaching milestones like sitting up or crawling. Even learning disabilities and delayed growth can be caused by cerebral palsy.

In some cases, the neurological system is impacted by CP. Seizures, hearing and vision problems, bowel and bladder issues, and mental health conditions are also sometimes symptoms.

While cerebral palsy doesn’t typically worsen over time, symptoms may become easier to see as a child grows, and some aspects, such as muscle shortening, must be treated as soon as possible to prevent long-term damage.

What Causes Cerebral Palsy?

There are two types of cerebral palsy: congenital, which results from injuries occurring before or during birth, and acquired, which is caused by a brain injury after birth.

According to the Centers for Disease Control and Prevention (CDC), there are several risk factors for congenital CP, including:

• Multiple births (twins, triplets)
• Fertility treatments
• Low birthweight
• Premature birth
• Maternal infections during pregnancy
• Untreated, severe jaundice
• Maternal health conditions
• Birth complications or injury

Acquired CP occurs at least 28 days after birth but within the first three years of a child’s life. It is far less common than congenital CP, and can result from:

• Infections of the infant’s brain (e.g., meningitis)
• Head or brain injuries
• Brain bleeds or birth defects affecting the circulatory system
• Brain damage in the first few months or years of life
• Problems with blood flow to the brain due to stroke, blood clotting problems, abnormal blood vessels, a heart defect that was present at birth, or sickle cell disease
• Head injury from a car accident, a fall, or child abuse

Regardless of the type of cerebral palsy your child suffers from, the consequences can be devastating for your entire family. The cerebral palsy lawyers serving New York at Buttafuoco & Associates believe in fighting for families’ rights against negligent medical providers. We can apprise you of your rights and advise on the best direction for your case during a free consultation.

When Can a Doctor’s Negligence Cause Cerebral Palsy?

Many of the causes of CP are unpreventable, however doctors must be well-versed in the risk factors and properly and proactively manage and respond to complications. For example, if your child’s cerebral palsy was caused by an infection your doctor did not properly diagnose or treat, they could potentially be held liable for your child’s condition.

While acquired CP is typically not due to medical negligence, in some scenarios it is possible that your healthcare provider could be responsible. For example, if your doctor failed to properly diagnose or treat a condition that caused your child to have a stroke, or did not appropriately treat a brain bleed, they could be liable.

The following are other potential actions that, if they result in a brain injury that causes your child’s CP, could be considered medical negligence:

• Delivering a fetus too early
• Failure to perform a timely C-section
• Failure to prevent and treat jaundice
• Failure to identify and correct umbilical cord issues
• Improper use of mechanical delivery (vacuum or forceps)
• Failure to identify and treat a birth injury or defect

To determine if your child developed CP due to a medical error, you will need proof that your doctor did not act in accordance with the reasonable standard of care. To prove your case, you must provide evidence that another reasonable doctor would have handled your baby’s birth differently and avoided causing brain damage.

Gathering this type of evidence can be incredibly challenging, and you may benefit from assistance from a cerebral palsy attorney in New York. In most CP birth injury claims, a medical expert on neonatal care and obstetrics must provide testimony and demonstrate that the doctor’s failure to act within the standard of care resulted in your child’s CP.

Collecting Damages for Cerebral Palsy Caused by a Birth Injury

If you are able to prove that your doctor was responsible for your child’s cerebral palsy, you may be eligible to recover compensation for the costs of caring for a child with special needs, including:

• Medical expenses for the birth
• Cost of long-term care
• Assistive devices
• Lost wages for paternal caretakers
• Loss of enjoyment of life
• Pain and suffering

Developing the evidence necessary to claim a birth injury caused your child’s CP is a difficult task to undertake alone. The New York cerebral palsy attorneys at Buttafuoco & Associates have the resources and legal knowledge to fight for fair compensation if a negligent medical provider has caused irreparable harm to your child.

Get in touch today for a free case review at 1-800-NOW-HURT.