Bronx Cerebral Palsy Attorneys
Cerebral palsy is one of the most well-known birth injuries, affecting more than 5,000 babies every year. It is a common example of a birth injury that can happen when medical professionals are not properly vigilant during labor and delivery. Cerebral palsy results when there is insufficient oxygen or physical trauma to a baby’s brain. Although treatments exist for the symptoms of cerebral palsy, there is no cure.
What is Cerebral Palsy?
The actual term “cerebral palsy” refers to a group of disorders that affects a person’s brain (cerebral means "of or relating to the brain") and the use of his or her muscles (palsy refers to the loss of the ability to move a body part). Though cerebral palsy affects muscle movement, it is caused by abnormalities in areas of the brain that control muscle movements. Neuromuscular deficiencies associated with cerebral palsy include a lack of muscle control and coordination, making many basic motions impossible. Children with cerebral palsy may not be able to walk, talk, eat or play in the same ways as most other children.
As a form of brain damage, the manifestations of cerebral palsy vary from person to person. The part of the brain that is damaged determines which part of the body is affected by abnormal muscle tone. Complications can include:
- Impaired gross motor skills (moving arms and legs, walking);
- Impaired fine motor skills (grasping and manipulating objects);
- Muscle spasms;
- Difficulty with speech;
- Mental retardation;
- Complete lack of muscle control.
Cerebral Palsy Caused By Medical Malpractice
The factors that lead to cerebral palsy are often preventable. This is especially tragic when cerebral palsy is the result of a doctor’s mistake. Medical professionals owe a duty to monitor the health of their patients, and the health of their patients’ unborn children, to the best of their ability. An obstetrician’s failure to detect possible birth defects or other complications during a pregnancy may make him or her liable for a child’s subsequent cerebral palsy. It is also a doctor’s responsibility to anticipate and manage problems that arise during childbirth and labor in the safest and most effective manner possible.
Researchers estimate that birth asphyxia accounts for 10 percent of cases of cerebral palsy. Birth asphyxia occurs when a baby does not receive enough oxygen before, during or just after birth. Causes of asphyxia during include premature separation of the placenta, strangulation by the umbilical cord, prolonged slowed fetal heart rate and the inability of the baby's shoulders to pass through the birth canal. When asphyxia occurs and the baby is not delivered within 10 minutes, irreversible brain damage can occur.
Any medications utilized during the birthing process must also be correctly administered to prevent injuries to the fetus. Overdoses of certain drugs can affect breathing in the mother, which affects fetal oxygen supplies.
Doctors and their medical team must monitor the progress of labor and the status of a fetus in a timely and vigilant fashion through frequent vaginal examinations and electronic fetal heart monitoring. They must also monitor the infant’s position and be ready to perform a Cesarean section (C-section) if necessary. Delays in action can lead to complications such as cerebral palsy.
Legal Help for Cerebral Palsy
If a
doctor’s mistake occurred before or during the birth of your child, you may be
entitled to damages for your child’s cerebral palsy condition. Keep in mind
that any medical malpractice lawsuit, including cerebral palsy litigation, is
very complex and a case can sometimes be challenging to prove. Therefore, if
you are considering filing a medical malpractice claim, it is vital to seek the
help of a qualified medical malpractice attorney.
The New York lawyers of Schwartzapfel Truhowsky Marcus P.C. have more than 150 years of combined experience. We are well-prepared to handle all your legal needs. Please call us at 1.800.966.4999 or fill out our online contact form for a free case evaluation. We will fight for you!
