Cerebral palsy is one of the most common motor disabilities affecting movement, posture and muscle coordination in children. For many families, the diagnosis comes after a difficult pregnancy, labor complication or medical errors or negligence (carelessness) during delivery. When cerebral palsy results from preventable birth injuries — such as oxygen deprivation, delayed cesarean section (C-section), or improper use of delivery tools — the impact can be life- changing for both the child and their family.
What is Cerebral Palsy?
Cerebral palsy is a neurological disorder caused by damage to the developing brain, typically before or during birth. The term “cerebral” refers to the brain, while “palsy” relates to problems with movement and muscle control.
The brain injury does not worsen over time, but the symptoms and physical challenges can change as a child grows and develops. There are several types of cerebral palsy, including:
• Spastic cerebral palsy: This is characterized by stiff muscles and exaggerated reflexes.
• Dyskinetic cerebral palsy: This type of cerebral palsy involves involuntary movements.
• Ataxic cerebral palsy: This affects balance and coordination.
The severity and symptoms depend on the location and extent of the brain injury.
Physical Effects of Cerebral Palsy
The most visible impact of cerebral palsy is difficulty with muscle control and movement. Because the brain cannot properly send signals to the muscles, individuals with cerebral palsy may experience:
• Muscle stiffness (spasticity)
• Weakness or poor coordination
• Difficulty walking or maintaining balance
• Abnormal posture
• Tremors or involuntary movements
Some children with cerebral palsy may walk independently with a mild limp, while others may rely on walkers, braces, or wheelchairs for mobility.
Fine motor skills are often affected as well. Tasks such as writing, holding utensils, tying shoes, or buttoning clothing can be challenging. Physical therapy and occupational therapy are commonly used to improve strength, flexibility and independence.
Cognitive and Developmental Challenges
Although cerebral palsy primarily affects motor function, some individuals also experience cognitive or developmental difficulties. These challenges vary widely depending on the extent of brain injury.
Possible cognitive effects include:
• Learning disabilities
• Delayed speech and language development
• Difficulty with attention or memory
• Intellectual disabilities in more severe cases
Speech therapy and specialized education programs often help children with cerebral palsy reach their full potential.
Medical Complications Associated with Cerebral Palsy
Cerebral palsy is frequently accompanied by other medical conditions that require ongoing care. These complications may include:
• Seizure disorders
• Vision or hearing impairments
• Feeding and swallowing difficulties
• Breathing problems
• Chronic pain or joint deformities
Children with cerebral palsy may require multiple medical specialists including neurologists, orthopedic surgeons, physical therapists and speech therapists. In severe cases, surgical procedures may be necessary to correct muscle or bone abnormalities. Because cerebral palsy is a lifelong condition, medical care and therapy often continue well into adulthood.
Emotional and Social Impact
Living with cerebral palsy can also affect emotional well-being and social experiences. Children with mobility challenges may struggle with participation in certain activities or feel isolated from their peers. As they grow older, individuals with cerebral palsy may face challenges in areas such as education, employment opportunities, independent living and social relationships.
Families also experience emotional and financial stress when caring for a child with cerebral palsy. The need for ongoing therapy, medical equipment, specialized education and home modifications can place significant strain on household resources.
Financial Costs of Cerebral Palsy
The financial burden associated with cerebral palsy can be substantial. Lifetime care costs for individuals with severe cerebral may reach millions of dollars. Expenses often include:
• Medical treatments and surgeries
• Physical, occupational and speech therapy
• Mobility devices and adaptive equipment
• In-home caregivers
• Specialized educational services
Because these costs accumulate over a lifetime, families may struggle to secure the resources necessary to provide adequate care for their child. When cerebral palsy results from a preventable birth injury, seeking legal guidance will help families pursue compensation to cover long-term needs, etc.
When Cerebral Palsy Is Caused by Medical Negligence (Carelessness)
A number of cerebral palsy cases result from medical errors during pregnancy or delivery. Healthcare providers have a responsibility to monitor both the mother and baby for signs of distress and respond appropriately.
Examples of potential medical negligence (carelessness) include:
• Failure to monitor fetal distress
• Delayed emergency C-section
• Misuse of forceps or vacuum extractors
• Failure to treat maternal infections
• Oxygen deprivation during labor (hypoxia)
If doctors or hospital staff fail to follow accepted medical standards, the resulting brain injury may lead to cerebral palsy. A thorough investigation involving medical records and expert review is often necessary to determine whether negligence (carelessness) occurred.
How a Birth Injury Lawyer Can Help
When a child develops cerebral palsy due to medical malpractice, families may have the right to pursue a birth injury claim. A birth injury lawyer can help investigate the circumstances surrounding the delivery and determine whether the healthcare provider acted negligently.
Contacting an Experienced Lawyer
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators or adjusters.
One of our clients secured a $2,850,000 verdict in an Erb’s palsy (brachial plexus palsy) case that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition, we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for
$43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen cases where New York City Health and Hospital Corporation facilities deliver babies who are born with brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness) and/or medical malpractice in the labor and delivery etc. of the children, such as cerebral palsy or brain damage etc.
The following list identifies some of these hospitals (operated by New York City Health and Hospitals Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys‘ fee unless we recover money for you. We can also help with personal injury, lead poisoning, paraplegia cases and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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cerebral palsy, birth injuries, new york, personal injury, attorneys