Cerebral palsy is a long-term medical condition that often necessitates long-term, and even lifelong, care. Cerebral palsy can result in challenges related to movement, coordination, and development. If your child shows worrisome signs and you suspect medical malpractice, you should call experienced Syracuse cerebral palsy attorneys. At DeFrancisco & Falgiatano, we seek the best results for children and their families. We may be able to pursue damages from parties responsible for your child’s birth injuries on behalf of you and your child. Our partners are members of the prestigious Million Dollar Advocates Forum.
Signs of Cerebral PalsyIt can be difficult to realize your child suffered an injury while in the womb or during labor and delivery. Signs of cerebral palsy can include weak limbs, clumsy movements, delays in getting to developmental milestones, floppiness or excessive stiffness, uncontrolled movements, muscle spasms, and tremors. Children who have cerebral palsy may also experience seizures, hearing loss, vision trouble, constipation, drooling and swallowing problems, GERD, scoliosis, bladder control difficulties, and learning disabilities. They may struggle with hips that easily dislocate.
Severity of symptoms differs among children. In some instances, only half of the body or the limbs are impacted. There are also some children whose entire bodies are affected. It is imperative to talk to a lawyer about bringing a birth injury lawsuit if your child shows signs of cerebral palsy because, in many cases, children with cerebral palsy need significant care. Parties responsible for a birth injury could include doctors, nurses, staff, and other health care providers.
Liability for Cerebral PalsyIn order to recover damages for cerebral palsy, we will need to establish liability. We would need to show: (1) the health care provider owed you and your child a professional duty of care, (2) he breached the duty to use reasonable care, (3) causation, and (4) damages. The professional duty of care owed depends on the region, as well as the specialty of the defendant. For instance, if your child developed cerebral palsy because your obstetrician-gynecologist failed to respond to her lack of oxygen in the womb, we would need to show that a reasonably competent obstetrician-gynecologist in Syracuse would have taken other steps, such as performing an emergency C-section.
DamagesThe severity of the symptoms of cerebral palsy can have an effect on the amount of damages to which your child is entitled once liability is established. Additionally, children who have cerebral palsy often have other medical conditions as well, such as seizures, cognitive difficulties, vision loss, and hearing challenges. These conditions may require both medical care and rehabilitation. Emergency room visits may be necessary. Often, parents of a child with cerebral palsy do incur significant expenses in connection with medical care, developmental help, and special education.
When a child with cerebral palsy grows up, he or she may need to be in assisted living and may not be able to work.
All of these costs add up. However, they may be recovered in a lawsuit. In addition to retaining an expert on issues of liability, we may need to retain experts to provide opinions about damages, particularly damages for future losses.
Additionally, our lawyers may be able to recover noneconomic or intangible losses such as pain and suffering and loss of enjoyment of life on behalf of you and your child. There can be significant suffering associated with bearing completely unexpected and preventable difficulties in connection with your child. The jury will try to quantify those, and our goal is to make sure the jury understands all that your child and you lost emotionally as a result of the birth injury.
Retain a Seasoned Cerebral Palsy LawyerIf you are concerned that your child shows signs of cerebral palsy and suspect medical malpractice in Upstate New York, you should call the seasoned Syracuse cerebral palsy attorneys of DeFrancisco & Falgiatano. Our goal is to give children and their families the best possible outcome to their birth injury lawsuits in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, and Elmira. Complete our online form or call us at 833-200-2000 for a free consultation.