Cerebral palsy is a term that refers to a group of disorders that can detrimentally affect a person’s movement and muscle tone. Often, it is caused by damage sustained by a baby’s developing brain before he or she is born. You should be aware, as a parent, that cerebral palsy is sometimes the result of a birth injury. If you are concerned about causes of cerebral palsy and suspect you may have a claim for damages against your health care provider, you should call trial lawyers who understand the technical and legal intricacies of these cases. The seasoned Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys have more than three decades of experience winning damages awards for clients who have been injured through the negligence of others.
Causes of Cerebral Palsy in Syracuse ChildrenAbnormal brain development in utero can result in a baby bring born with cerebral palsy. When this happens, parents may be dismayed by the substantial financial and emotional costs of making sure their child has all the resources necessary to live a good life. Every situation is different, but when a health care provider’s professional negligence or another person’s negligence causes your child’s cerebral palsy, you may be able to recover compensation to allay some of the significant expenses associated with the condition.
Severe oxygen deprivation to the brain while a baby is in the womb can result in cerebral palsy. It is crucial that an OB-gyn and others on the medical team delivering your baby address any complications that impact how much oxygen your baby is getting before being born. Complications that require certain steps to be taken include nuchal cord, uterine rupture, as well as detachment of the placenta. However, Syracuse doctors and nurses can also be responsible for cerebral palsy if they fail to respond adequately to severe oxygen deprivation to the brain during gestation or while a baby is being born.
Another birth injury that can result in cerebral palsy is trauma to a baby’s head during labor and delivery. When a baby is breech or a doctor uses too much force while using a vacuum extractor or forceps, the resulting head trauma could also lead to a baby developing cerebral palsy.
Certain risk factors increase the odds a child will develop cerebral palsy including premature birth, low birth weight, multiple births, and infections during pregnancy that result in increased cytokines and inflammation. Your doctor should be aware of these and take steps to mitigate the risk. However, there are situations in which cerebral palsy is congenital. The specific cause may be unknown. It would not be possible to recover damages where we cannot show a health care provider’s professional negligence caused your baby’s cerebral palsy.
Medical MalpracticeTo establish that your baby developed cerebral palsy due to medical malpractice, our lawyers will need to prove it’s more likely than not: (1) the defendant owed you and the baby a professional standard of care, (2) breach of the professional standard of care, (3) causation, and (4) damages. If the cause of the cerebral palsy was a breach of the professional standard of care, such as your OB-gyn’s improper use of a vacuum extractor or a nurse’s failure to monitor your baby’s oxygen levels after you’re induced, we may be able to establish you and the baby are entitled to recover damages for the birth injury.
Sometimes cerebral palsy is the result of negligent acts that occur immediately after birth such as neonatal resuscitation errors.
As experienced Syracuse personal injury lawyers, we are able to evaluate whether you have a different type of case, as well. If your newborn suffered brain injuries in connection with an early drowning in a bathtub or swimming pool, a dangerous property condition, or improper playground surfaces or equipment, our attorneys may be able to establish ordinary negligence to recover compensation on your behalf.
Call a Seasoned Cerebral Palsy Attorney for the Best OutcomeIt is challenging to reckon with a preventable birth injury to your child. Many families do not have the resources to address the needs of a baby who has cerebral palsy. You should call a veteran Syracuse birth injury lawyer who has years of experience and a stellar reputation. For more than 35 years, DeFrancisco & Falgiatano Personal Injury Attorneys has represented children and their families in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, Buffalo, Albany, Elmira, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.