Cerebral palsy is caused by abnormal development of the brain, typically from damage to the developing brain that affects a child’s ability to control his or her muscles. One of the main ways in which such brain damage occurs is from the lack of oxygen to the brain during birth. The abnormal development of the brain or brain damage that leads to cerebral palsy is often the result of medical negligence (carelessness) before, during or soon after birth.
Preventable cases of cerebral palsy need to be highlighted more and brought to attention as they lead to questions regarding responsibility and accountability. These types of cases tend to occur from negligence or carelessness on the part of a medical professional who did not provide the required standard of care to the mother and child.
While it may be painful for families to talk about these issues, they are important because determining fault and liability in these cases will help you secure compensation that can provide future treatment and therapy for your child and help him or her have a better quality of life.
Preventing Cerebral Palsy
In order to determine if your child’s cerebral palsy could have been prevented, it is important to look into the circumstances under which your child’s birth injury occurred. Here are some of the factors that lead to birth injuries that result in cerebral palsy:
Prolonged labor: When there are excessive delays in delivery, then the best course of action may be to carry out a cesarean section (C-section) — where the child is surgically removed from the womb with an incision to the abdomen. Delays in ordering a C-section or in some cases, ordering an emergency C-section, may result in a lack of oxygen for the child, which in turn leads to brain damage and cerebral palsy.
Mother’s prior medical history: It is the doctor’s responsibility to fully consider the mother’s prior medical history and determine what types of potential complications may arise. Some complications during birth may be predicted based on the mother’s health history. For example, if the mother has diabetes or is overweight, there is the possibility of a larger than average baby, which can make labor and delivery more difficult. If the doctor and medical staff ignore or neglect acting on such information, the child may be at risk of suffering serious birth injuries.
Difficult delivery: There are a number of scenarios that can lead to a difficult delivery. Whether it is due to a failure to perform a timely C-section or misuse of birth-assistive tools such as forceps or a vacuum extractor, it is important that birth injuries suffered by the child are reviewed by a medical expert who can help determine whether the care provided met the required standard.
Contacting a Cerebral Palsy Lawyer
As New York personal injury lawyers, we have seen many instances of cerebral palsy that occur due to medical negligence (carelessness) during labor and delivery. It is the responsibility of medical professionals to monitor the condition of the fetus and the mother and make decisions that reduce or eliminate a risky delivery. If your child has cerebral palsy he or she may be able to receive compensation that helps pay for medical expenses, lost income, cost of therapy, future treatments, permanent injuries, disabilities, past and future pain and suffering, etc.
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. 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 many cases where New York City Health and Hospital Corporation facilities deliver babies who are born with cerebral palsy or brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.
The following list identifies some of these hospitals (operated by New York City Health and Hospital 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
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