Basal Ganglia Damage

The brain governs essential functions such as communication, movement, and decision-making, making brain health vital for a fulfilling and productive life. Sadly, delays and errors during childbirth can lead to brain damage in infants, affecting their ability to function properly. For instance, injury to the basal ganglia can result in lifelong issues with movement and cognition. In many instances, basal ganglia damage is the direct result of the carelessness of treatment providers during the delivery process. The cost of caring for children who suffer brain injuries at birth can be staggering, but fortunately, New York law permits people harmed by incompetent healthcare providers to seek compensation for their losses via medical civil lawsuits. If your child suffered basal ganglia damage at birth, you should consult with an attorney about your potential claims. The Syracuse birth injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers, understand the devastating impact preventable birth injuries can have on a family, and if we represent you, we will diligently pursue any compensation available. We routinely represent families in birth injury cases in Syracuse, Rochester, and throughout Upstate New York.

The basal ganglia are clusters of neurons located deep within the brain that play a key role in controlling movement and behavior. Specifically, they are integral to voluntary movement and coordination, as well as the regulation of behaviors and cognitive functions. As such, damage to the basal ganglia can have profound effects, including significant cognitive deficits and various neurological conditions. Children with basal ganglia damage often experience difficulties with speech, muscle tone, memory, and motor control, which can manifest as rigidity, involuntary movements, and challenges in walking or maintaining positions.

In infants, damage to the basal ganglia is often caused by a lack of oxygen during the birthing process. Medical errors, like failing to perform an emergency c-section in a timely manner when there are clear signs of fetal distress, frequently cause such oxygen deprivation and subsequent brain damage. Additionally, trauma during birth and untreated infections can cause injuries to the basal ganglia.

Basal ganglia damage can have long-lasting effects on an infant’s development and quality of life. Therefore, parents of children who experience such harm during delivery often pursue legal action against the responsible parties via a birth injury lawsuit. Typically, a plaintiff in such a case will claim negligence on the part of the defendant.

In New York, to prove negligence in the setting of medical care, the plaintiff must first establish that the defendant had a duty to adhere to the accepted and good standard of medical care, which is the care a competent practitioner would provide in a similar situation. Next, the plaintiff must demonstrate that the defendant breached this standard of care. Usually, the plaintiff must employ a medical expert to define the applicable standard and illustrate to the jury how the defendant failed to meet it.

The plaintiff must then prove proximate cause, meaning they must show that the defendant’s breach of the standard of care was a significant factor in causing the harm and that the birth injury would not have occurred without this breach. Establishing causation generally also requires expert testimony as well.

The defendant, in many cases, will argue that the injuries were due to other factors and will present their own expert testimony to support this claim. Consequently, the determination of the defendant’s liability often hinges on whether the jury finds the plaintiff’s or the defendant’s expert more persuasive.

Children who sustain basal ganglia damage at birth often endure lifelong deficits, and if a healthcare provider is responsible for causing such injuries, they should be held accountable. If your child was injured during childbirth, you may be owed compensation, and you should confer with an attorney as soon as possible. The capable Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers can gather the evidence in your favor and develop persuasive arguments on your behalf to provide you with a strong chance of a favorable result. We frequently represent children and their families in birth injury lawsuits in Syracuse as well as in Rochester and throughout Upstate New York. To set up a confidential and free consultation, you can reach us through our online form or by calling us at 833-200-2000.