Cerebral Palsy Lawyer New York

What Causes Cerebral Palsy?

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, we help people who are struggling with the consequences of injuries sustained during childbirth, whether the injury was due to obstetrical malpractice or any other type of medical negligence.

Medical mistakes that may lead to cerebral palsy include:

• Failure to diagnose and treat fetal distress
• Failure to treat maternal infections
• Failure to perform a C-section when conditions call for it
• Improper use of forceps or vacuum extraction during delivery
• Failure to treat jaundice or meningitis
• Failure to ensure that the baby has adequate oxygen supply

Our cerebral palsy lawyers in New York have handled numerous birth injuries and have a long track record of successful results winning settlements and jury awards for our clients. Our staff includes registered nurses who are well-versed in the medical issues that play into cases involving cerebral palsy as well as spastic diplegia, seizures, and other problems resulting from birth trauma and delivery complications. We have access to expert witnesses who help us build compelling cases for our clients.

Diagnosis and Early Signs of Cerebral Palsy 

The National Institute of Neurological Disorders and Stroke states, “Cerebral Palsy (CP) refers to a group of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination. CP is caused by damage to or abnormalities inside the developing brain that disrupt the brain’s ability to control movement and maintain posture and balance.”  

For example, between six and nine months, a child with cerebral palsy may have difficulty rolling over and bringing the hands to the mouth. A baby over ten months old may not be able to use their legs when trying to crawl and may not move in a straight line. 

 Other common symptoms include the following: 

• Delayed milestones: Children may have difficulty reaching developmental milestones such as sitting up or walking. 
• Abnormal motor function: Muscle stiffness, involuntary movements, and muscle weakness are common signs. 
• Poor coordination: Children with cerebral palsy may struggle with balance and coordination. 
• Difficulty swallowing: Some children may also have trouble controlling their muscles in the mouth and throat, making it challenging to swallow food or liquids. 
• Impaired speech: Cerebral palsy can affect the muscles used for speaking, leading to difficulty with articulation and clarity. 
• Seizures: While not all children with cerebral palsy experience seizures, it is a common co-occurring condition. 

Medical Malpractice and Cerebral Palsy 

Brain injury during pregnancy or childbirth accounts for 90% of cerebral palsy cases. When CP occurs due to negligent care of healthcare providers, it is considered medical malpractice. However, identifying the direct cause is challenging, so a New York cerebral palsy lawyer, such as our own Thomas P. Giuffra or Edward A. Ruffo, will thoroughly investigate your child’s potential case. After reviewing the details, your attorney will guide you on the feasibility of pursuing a case based on the strength of the evidence.  

Who Can File a Cerebral Palsy Lawsuit? 

In most cases, the parents or guardians of a child with cerebral palsy will file the lawsuit on their behalf. However, if the individual with cerebral palsy is a legal adult with the cognitive ability to understand and make decisions about their case, they may file the lawsuit themselves. 

If both parents have passed away or are not able to act as legal guardians, another family member or guardian may file on behalf of the child. Sometimes, a court-appointed representative may be necessary to handle the legal proceedings for individuals with severe cognitive impairments. 

Building a Strong Case 

Successful cerebral palsy litigation can help provide the resources necessary to improve the child’s quality of life. This could mean renovating the home for better accessibility or setting up a trust fund and care services, so they have the financial and medical support they need. This requires building a strong case, which includes the following:  

Gathering Evidence 

As noted, negligent care during pregnancy or childbirth can lead to the child’s injury. For example, doctors or nurses who make mistakes during labor or delivery could lead to the blood and oxygen supply being cut off in a newborn’s brain, such as a delayed response to fetal distress.  

To build a case for medical malpractice leading to cerebral palsy, it is crucial to save evidence, such as medical records, witness statements, Imaging test results, medical bills, photographs, prenatal and birth records, and other forms of documentation.  

Expert Testimonies 

For a successful birth injury claim, the plaintiff and their attorney will need to prove that the defendant failed to meet the professional standard of care and that the failure directly harmed their child. Expert witnesses can answer questions such as what the defendant did that a competent physician would not have done, or vice versa, and how the error by the defendant resulted in the birth injury.  

Our law firm proudly invests resources into obtaining highly knowledgeable expert witnesses in their field of work to build the strongest case possible.  

Medical Records 

Obtaining medical records is an essential part of building a solid case. These records can provide evidence of any negligence or substandard care that may have occurred during childbirth. If someone recorded the birth, your cerebral palsy lawyer in New York may also need to review this footage to see whether doctors followed proper procedures. 

Compensation for Cerebral Palsy Cases 

Because of the lifelong impact on a person’s life, cerebral palsy cases often result in substantial compensation when successful. Settlements around $1 million and higher are not uncommon for strong cerebral palsy medical malpractice claims. Selecting a highly experienced lawyer is critical to securing the best outcome possible, as the stakes are high, and the difficulty of attributing CP to a specific source is challenging. 

Our Birth Injury Case Results 

Our acclaimed medical malpractice lawyers have a track record of securing maximum compensation for birth injuries.  

• $12,000,000 settlement in a medical malpractice action for a child who suffered brain damage at birth. 
• $7,000,000 for an infant with a neurological injury from negligent birth delivery. 
• $2,100,000 Settlement involving a doctor who failed to properly monitor a premature infant resulting in mild brain damage. 
• $1,000,000 Settlement for an infant who suffered limitation of use of her right arm due to an improperly handled birth resulting in the development of an Erb’s Palsy. 

Contact Rheingold, Giuffra, Ruffo, Plotkin & Hellman Today 

Our attorneys genuinely care about you, your child, and the future of your family. We have represented victims of medical malpractice and negligence since 1971 and have recovered over $2 billion for our clients.   

To learn more about how we can help you, contact us today for a free, no-obligation consultation with a New York City birth injury attorney. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win your case.