Is My Child’s Cerebral Palsy Due to Medical Malpractice?

patient hospital bed

There are far too many recorded cerebral palsy diagnoses, many of which are due to medical negligence. So, in the unfortunate event that your newborn was diagnosed with cerebral palsy soon after birth, then you may be able to take action via a lawsuit. Follow along to find out if your child’s cerebral palsy is due to medical malpractice and how one of the proficient New York City cerebral palsy lawyers at Mark L. Bodner, P.C., can help you in building a legal strategy.

By definition, what is cerebral palsy?

Cerebral palsy is defined as a group of chronic movement or posture disorders due to the brain’s inability to control the body.聽 And while these brain abnormalities do not usually get worse, they also do not usually improve, they are irreversible, and there is no cure.

While cerebral palsy may be caused by a birth injury, signs may not be noticeable until the child’s first year. There are certain symptoms you should look out for in your child, as early intervention and therapy are pivotal to minimizing its effects. Such symptoms may include the following:

Symptoms of cerebral palsy that you should look out for in your child include the following:

  • Difficulties with fine motor tasks.
  • Speech impairment.
  • Uncontrollable hand movement.
  • Mental impairment.
  • Seizures.
  • Drooling.
  • Loss of balance.

Under what circumstances is my child’s cerebral palsy due to medical malpractice?

Put simply, the medical professional who was attending to you during your pregnancy or your childbirth should have been practicing a level of care that is equivalent to that of their peers in the same field. So when they do not meet this threshold of care, this is when preventable birth injuries such as cerebral palsy may result. Examples of medical malpractice that may have caused your child’s cerebral palsy include the following:

  • Your medical professional did not detect low amniotic fluid or otherwise did not detect a treatable infection during your pregnancy.
  • Your baby was too large for gestational age or otherwise the medical professional made an incorrect pregnancy dating.
  • You had a breech birth delivery, a premature delivery, or otherwise had a difficult delivery.
  • Your baby was in fetal distress and the medical professional did not perform an emergency C-section.
  • You had a twisted umbilical cord and the medical professional did not perform an emergency C-section.

So, as soon as you detect that your baby has cerebral palsy, and that your medical professional practiced negligence, you must bring your medical malpractice claim forward. This is because the statute of limitations in New York State is typically 2.5 years from the date of your delivery. And if you miss this deadline, you ultimately lose your right to sue. To get started today, consult with a talented New York City birth injury lawyer.