Syracuse Medical Malpractice and Personal Injury Lawyer Blog
If you believe your child is suffering from cerebral palsy due to a medical professional’s negligence, you need to reach out to a seasoned Syracuse cerebral palsy attorney who can handle your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can meticulously analyze the facts of your case and advise of you of your rights and options.
Approximately 764,000 children and adults have cerebral palsy in the United States. About 10,000 babies born each year will develop the condition. Cerebral palsy is a broad term that refers to a number of neurological disorders that can affect the development of the part of a child’s brain that controls motor skills and movement. ‘Cerebral’ means having to do with the brain, whereas ‘palsy’ means weakness or problems related to the muscles. As a result, cerebral palsy can lead to serious physical disabilities stemming from tremors, joint and bone deformities, and balance problems. In some cases, the condition can cause cognitive problems and seizures as well.
In a lot of cases, cerebral palsy is a direct result of medical mistakes. Cerebral palsy can result from a number of acts or omissions by a medical professional, including:
- Disruption of the oxygen supply during birth (birth hypoxia);
- Infection of the placental membranes;
- Improper use of a vacuum or forceps during delivery;
- Failure to identify or treat an issue with the umbilical cord;
- Low birth weight;
- Premature birth;
- Failure to respond to fetal distress;
- Delayed C-section;
- Failure to monitor the vital signs of the baby during labor or delivery;
- Extended labor and delivery.
A person with cerebral palsy or a parent of a child with cerebral palsy can seek damages if the condition was a result of medical malpractice. These damages typically include medical expenses, lost income, pain and suffering, and any other compensation required to pay for special education and counseling. In addition to these damages, families may be able to recover funds for home accessibility modifications (i.e., making the bathroom wheelchair accessible), attendant care services (i.e., private nursing care or personal support workers), and rehabilitation support services.
In New York, medical malpractice occurs when a medical professional fails to use the level of care that a reasonably prudent medical professional would have used in the same situation, thereby causing harm to the patient. In order to establish medical malpractice, the plaintiff must prove the following: i) the doctor owed the patient a duty of care (i.e., a doctor/patient relationship existed); ii) the doctor breached the duty of care by making a careless mistake, being reckless, or otherwise engaging in conduct that a reasonably prudent doctor would not have done in the same situation; and iii) the doctor’s breach was a direct cause of the patient’s harm (i.e., cerebral palsy).
If your child developed cerebral palsy as a result of medical malpractice, you may be entitled to significant compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse birth injury attorneys will handle your care so that you can focus on getting on with your life. With years of experience, we understand how to navigate these types of claims. To speak to one of our team members about your questions or concerns, call us at 833-200-2000 or contact us online.
More Blog Posts:
Anesthesia Errors in Syracuse and New York, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, December 27, 2017
Wrongful Death Arising From Malpractice in Syracuse and Across New York, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, December 18, 2017
