Cerebral palsy is a serious and life-altering condition that is often caused by birth injuries. It can lead to a lifetime of physical, cognitive and emotional challenges. When parents first hear the diagnosis, they are often flooded with questions and concerns about what went wrong, what the future holds and what steps they can take to help their child. Here are the answers to four of the most common questions about cerebral palsy caused by birth injuries.
1. What causes cerebral palsy during birth?
Cerebral palsy is a neurological disorder that affects movement, muscle tone and posture. It is caused by damage to the developing brain often due to medical negligence (carelessness) of the provider during the birth of the child. Several specific factors come into play when this happens, including:
- Lack of oxygen (hypoxia): If a baby’s brain doesn’t receive enough oxygen during delivery, it can lead to significant brain damage, resulting in cerebral palsy. This can happen, for example, if the umbilical cord becomes compressed, if there is placental abruption or if labor is prolonged or overly stressful for the baby.
- Trauma during delivery: Physical injuries such as improper use of forceps or vacuum extractors, can injure the baby’s head or brain during delivery.
- Infections: Maternal infections during pregnancy can cause inflammation that damages the baby’s developing brain.
- Medical Negligence (carelessness): In some cases, failure to monitor the baby’s heart rate, delayed decision-making regarding a cesarean section (C-section), or mismanagement of complicated deliveries can lead to cerebral palsy.
2. How can I tell if my child’s cerebral palsy was caused by a birth injury?
Understanding the cause of your child’s cerebral palsy can be complex. In many cases, doctors may not immediately disclose that a birth injury contributed to the condition. Here are some indicators that suggest a birth injury was involved:
- There were issues indicating fetal distress such as a slow heart rate or the need for emergency interventions.
- Difficulties during labor, improper use of delivery tools, or delayed responses to complications may point toward a preventable injury.
- Babies who require resuscitation or experience low Apgar scores (a test which assesses a newborn’s health) shortly after birth are at higher risk for brain injuries.
- Sometimes a thorough review of hospital records reveals gaps in care, missed signs of fetal distress or questionable decision-making during delivery.
If you suspect that a birth injury caused your child’s cerebral palsy, it’s a good idea to consult an experienced New York birth injury lawyer who can help you gather evidence, review your child’s medical records, and determine if negligence (carelessness) played a role.
3. What are the long-term effects of cerebral palsy?
Cerebral palsy presents differently in every child. Some children may have mild
symptoms, while others experience severe disabilities. Generally, the long-term effects can include:
- Mobility challenges: Many children with cerebral palsy have difficulty walking, balancing, or controlling their movements. Some require wheelchairs, braces, or walkers. Speech and communication issues: Cerebral palsy can affect the muscles involved in speaking, making it difficult for some children to communicate verbally.
- Cognitive impairments: Although not all children with cerebral palsy have intellectual disabilities, some experience learning difficulties or developmental delays.
- Seizure disorders: A significant number of children with cerebral palsy are also diagnosed with epilepsy or seizure disorders.
- Chronic pain and fatigue: Tight muscles, joint issues, and physical strain can lead to chronic pain or fatigue as the child grows.
Because this is a lifelong condition, early intervention with therapies (physical therapy, occupational therapy, and speech therapy) is crucial. Adaptive equipment, medical treatments, and personalized education plans can also help children achieve greater independence and a better quality of life.
4. Can I pursue legal action if medical negligence (carelessness) caused my child’s cerebral palsy?
If your child’s cerebral palsy was caused by mistakes made by healthcare providers, you may have grounds for a birth injury lawsuit and seeking compensation for:
- Medical expenses (including future care needs)
- Rehabilitation and therapy costs
- Adaptive equipment and home modifications
- Past and future pain and suffering
- Lost future earnings and diminished quality of life
Contacting an Experienced New York Birth Injury 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. One of our clients secured a $2,850,000 verdict in an Erb’s 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 cerebral 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 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 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.
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