Cerebral Palsy
At Queller, Fisher, Washor, Fuchs & Kool and The Law Office of William A. Gallina, LLP, our New York cerebral palsy lawyers understand how challenging life can become for parents and their children following a cerebral palsy diagnosis. The medical expenses associated with caring for a child with cerebral palsy can be overwhelming, and the condition may also limit the child’s future employment opportunities, negatively impacting their long-term financial prospects. Parents whose children were born with cerebral palsy may have grounds to file a lawsuit against the delivering physician to recover damages, including medical costs, pain and suffering, and loss of future earning potential.
We recognize that no amount of compensation can truly make up for an infant who has unnecessarily suffered cerebral palsy. However, we are committed to helping injured children and their families rebuild their lives. Our cerebral palsy attorneys relentlessly pursue maximum compensation to help ease the financial burden faced by affected families.
Cerebral Palsy Is A Debilitating Birth Injury That Can Be Caused Organically Or By Medical Malpractice
Tragically, despite significant advances in medicine and science, many children in the 21st century are still born with disabling injuries such as cerebral palsy. While some of these injuries are unavoidable, others result from the negligence of medical professionals-including doctors, nurses, and midwives-who are responsible for the care of both mother and child. When medical staff fail in their duties before, during, or shortly after delivery, they risk causing birth injuries like cerebral palsy.
What Is Cerebral Palsy?
Cerebral palsy refers to a group of disorders that affect the control of bodily movements, resulting from damage to the parts of the brain that control muscle function. It is one of the most common causes of chronic childhood disability. According to the United Cerebral Palsy Association, more than 764,000 Americans live with cerebral palsy, and approximately 10,000 infants and 1,500 preschoolers in the U.S. are diagnosed with the condition each year. It is estimated that 90% of these cases arise before or during delivery.
What Are The Signs Of Cerebral Palsy?
The most common signs include:
- A lack of muscle coordination during voluntary movements (called ataxia)
- Stiff muscles or muscles that are tight with exaggerated reflexes (referred to as spasticity)
- Tremors or involuntary movements
- Excessive drooling or swallowing difficulties
- Dragging 1 foot or leg while walking
- Favoring 1 side of the body
- Walking on the toes
- Trouble with fine motor skills such as grasping small objects
- And muscle tone that is too tight or too "floppy."
While the brain damage itself does not continue to worsen over time, the symptoms may evolve.
What Are The 4 Types Of Cerebral Palsy?
Spastic Cerebral Palsy: The most common diagnosis, it is characterized by spastic muscles that are rigid and jerky. Types include spastic diplegia (tight leg and hip muscles, which make it difficult to walk and result in a kind of movement characterized as crossed legs at the knees known as a “scissor gait”); spastic hemiplegia (stiffness on 1 side of the body, which can affect development of limbs); and spastic quadriplegia (the severest spastic diagnosis, affecting all limbs and sometimes characterized by seizures and mental retardation).
Athetoid Or Dyskinetic Cerebral Palsy: The second most commonly diagnosed form of cerebral palsy, it is characterized by muscle problems throughout the body. While normal in intelligence, the child can have trouble sitting, walking, speaking and/or controlling facial muscles.
Ataxic Cerebral Palsy: The rarest diagnosed form of cerebral palsy, it affects fine motor skills.
Mixed Cerebral Palsy: Doctors commonly will diagnose a child as having mixed cerebral palsy, or some combination of the above forms or symptoms.
What Causes Cerebral Palsy?
While much remains unknown about the causes of cerebral palsy, it is believed that the following can all be attributing factors:
- Babies who are born breech, prematurely or at a very low birth weight
- Infants born severely jaundiced or whose jaundice is untreated
- Twins are at a higher risk
- The mother has an infection during pregnancy
- German measles (also known as rubella)
- The mother has chicken pox
- The mother has Cytomegalovirus
- Toxoplasmosis is present in the mother
- The mother has contracted syphilis
- Maternal exposure to certain toxins
When Is Cerebral Palsy The Result Of Medical Malpractice?
While cerebral palsy often results from organic causes, it can also be caused by medical negligence. Medical malpractice cases involving cerebral palsy frequently stem from a provider’s failure to recognize and promptly address risks to the baby. For example, an unborn infant relies entirely on the mother for oxygen, delivered through the placenta. Any disruption in this supply can cause fetal distress and injury. Fetal monitoring strips, which display the baby’s heart rate and rhythm alongside the mother’s contractions, can reveal signs of distress. Abnormalities in heart rate or rhythm, particularly when compared to contractions, may indicate fetal distress. Expected changes-such as accelerations and decelerations during labor-should return to baseline; absence or irregularities in these patterns may signal a problem. When such signs are present, prompt intervention, including delivery or a Cesarean section, may be necessary. Delays can result in brain damage.
If a medical provider fails to respond appropriately and in a timely manner, they may be considered negligent and held liable for any resulting injury. Parents of children who have suffered brain injuries like cerebral palsy may have grounds for legal action against the negligent provider.
For example, our New York cerebral palsy lawyers secured a $5.8 million settlement for a brain-damaged child just before trial.* In that case, the attending OB/GYN caused brain damage by using excessive force during a forceps delivery-an act deemed negligent and responsible for the child’s injury.
In another type of malpractice case, medical providers may fail to take appropriate steps to prolong a pregnancy or optimize a preterm birth. Some women, due to conditions such as an incompetent cervix, may struggle to carry a pregnancy to term. In these cases, placing a stitch (cerclage) or administering medications can prolong pregnancy and reduce the risk of preterm delivery. Providers may also use medications to accelerate fetal lung development, reducing the risk of complications associated with preterm birth. Given the risks of preterm delivery and the increased likelihood of cerebral palsy, a failure to intervene properly or promptly can result in preventable injury to the baby.
When a doctor or other medical professional fails to take the necessary steps to prolong a pregnancy, they may be liable for any resulting permanent injury.
For instance, our firm recently tried a case involving a child born prematurely at 30 weeks due to the OB/GYN’s failure to properly treat the mother’s incompetent cervix. As a result, the child was born severely disabled with cerebral palsy. Our cerebral palsy lawyers obtained a meaningful recovery for the family.*
How Do I Schedule A Legal Consultation Regarding Cerebral Palsy Malpractice?
If your child has suffered cerebral palsy due to medical malpractice, you may be entitled to compensation. For a free consultation with our New York cerebral palsy lawyers, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, and Chinese.