Cerebral Palsy Attorney in NYC
According to the CDC, roughly 10,000 babies born each year will develop cerebral palsy, and some of these cases could have been prevented and are a direct result of medical negligence. Knowing if your child is the victim of medical malpractice is important. It is best to discuss your situation with an attorney. Your family may be entitled to compensation that can mitigate the financial impact of the mistake on the future. If you believe your child is a victim of medical negligence resulting in cerebral palsy, you may be entitled to financial compensation. Please contact Mark L. Bodner, P.C. for a free consultation.
What is Cerebral Palsy?
Cerebral palsy is a group of chronic movement or posture disorders that are caused by the brain’s inability to control the body. Cerebral palsy symptoms often appear at birth but may also not be recognized until well into a baby’s first year. The degree of cerebral palsy varies from child to child and can include fine motor task difficulties, speech impairment, loss of balance, uncontrollable hand movements, drooling, mental impairment or seizures.
Do I have a cerebral palsy birth injury case?
If you experienced one or more of the following during your pregnancy or child’s birth, it is possible that your baby’s cerebral palsy may be the result of a preventable birth injury:
- Improper pregnancy dating
- Undetected or improperly treated infections
- Low amniotic fluid
- A twisted umbilical cord
- A baby that was too large for gestational age
- Difficult delivery
- Breech birth
- Premature delivery
- Your baby was in fetal distress but the medical staff did not perform a cesarean section
Not all mistakes are considered negligence. A medical malpractice case depends greatly on something called the medical standard of care. It is important to understand that this does not mean that any and all flawed practice of medicine is negligence, but the failure to meet the threshold of appropriate care met by competent peers in the same field of medicine. Our firm understands the intricacies and nuanced law regarding these matters and would be able to accurately assess the validity of a medical malpractice case.
How long do I have to file a cerebral palsy claim in New York?
Longer than most malpractice claims, but not indefinitely. New York pauses the clock while a child is a minor under C.P.L.R. 搂 208. For medical malpractice, however, that pause is capped: the case must be brought no later than 10 years from the act or omission, regardless of the child’s age. Parents often assume they have until the child turns 18. They do not.
What if my child was delivered at a public hospital?
The deadline collapses. If the delivery took place at a NYC Health + Hospitals facility, a formal notice of claim must generally be served within 90 days under General Municipal Law 搂 50-e. The 10-year infancy cap does not rescue a family that misses it. Because cerebral palsy is often not diagnosed until well into the first year or later, this deadline can pass before a parent knows anything is wrong.
Living with cerebral palsy
Cerebral palsy causes irreversible brain damage. Some children may have a mild case of cerebral palsy, while others may have severe disabilities that will require intensive, lifelong care. There is no cure for cerebral palsy, and while brain abnormalities usually do not worsen, they also do not improve. There are treatments that can control effects on motor skills, speech, and muscle development. Early intervention and ongoing therapy are key to controlling and minimizing the effects of cerebral palsy.
Contact Mark L. Bodner, P.C.
Mark L. Bodner, P.C. is an experienced New York birth injury law firm that has helped many families win large settlements to ensure that their child will have the correct and proper care over the course of the child’s lifetime. We have represented hundreds of families in cases involving severe birth injuries and maternal death following deliveries of babies. Cerebral palsy birth injury cases usually result in very large financial settlements for loss of enjoyment of life, and to offset a lifetime of financial obligations. The highest level of legal acumen is necessary to handle these complex cases. If you think you have a cerebral palsy birth injury case, please contact our firm. Contact Mark L. Bodner, P.C.