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New York Cerebral Palsy Attorneys

Having a healthy pregnancy and childbirth is a blessing that many of us take for granted. Cerebral palsy, Erb’s palsy and other birth injuries can result from complications throughout the mother’s pregnancy, labor, delivery or immediately following birth. The most serious types of birth injuries often involve damage to the baby’s brain. Such injuries can be caused by the failure to perform a timely cesarean section, misuse of forceps or vacuum during delivery, or abuse of birth inducing medications such as Pitocin.

New York Cerebral Palsy AttorneysThe attorneys at Gersowitz Libo & Korek, P.C. have more than 30 years of experience representing clients who have suffered injuries or died as the result of medical malpractice involving birth injuries. Our experienced and compassionate lawyers in New York treat each client with the compassion and respect they deserve in obtaining the benefits they are entitled to. We have helped our clients successfully recover damages in many different types of birth injury cases, especially the serious injuries of Cerebral palsy.

Cerebral Palsy

Cerebral Palsy is an affliction of the central nervous system, which causes permanent damage to infants or young children. It affects muscle tone, movement, and motor skills (the ability to move in a coordinated and purposeful way). Cerebral palsy is general caused by brain damage that happens before or during the birthing process, or during the first 3 to 5 years of a child’s life.

There is no cure for cerebral palsy. However, treatment, therapy and special equipment can help children who are living with this medical condition. Cerebral palsy is one of the most common congenital disorders of childhood. Approximately 500,000 children are afflicted with the condition in the United States.

Different Types of Cerebral Palsy

There are three different types of cerebral palsy:

  1. Spastic cerebral palsy – results in stiffness and movement difficulties
  2. Dyskinetic (athetoid) cerebral palsy – leads to involuntary and uncontrolled movements
  3. Ataxic cerebral palsy – results in balance problems and problems with depth perception

Because cerebral palsy impacts an individual’s muscle control and coordination, even the simplest movement can be difficult. Other functions affected by this condition include:

  • Breathing
  • Bladder and bowel control
  • Eating
  • Talking

Causes of Cerebral Palsy

Cerebral palsy can be, and often is, caused by errors of the physician, staff and hospital during the birthing process. Although most parents want to know exactly how their children were afflicted with this devastating medical condition, it is often unclear whether the damage to the infant occurred during pregnancy, birth, or immediately following birth.

The only way to assess whether injury was avoidable is to have an expert examine all of the medical records relating to prenatal care, delivery and newborn medical care. The expert must be an unbiased and an accredited professional who understands important medical concepts, including:

  • Complex physiological relationship between the mother and the fetus during gestation.
  •  Stresses that an infant undergoes during birth and the mechanisms it uses to cope with those stresses.
  • The process an infant undergoes in adjusting to life outside the womb.
  • The infant’s requirements and responses to certain types of stresses and factors in its environment.

Diagnosing Cerebral Palsy

Cerebral palsy can be diagnosed during early infanthood if the child is known to be at risk due to premature birth or other health problems. Doctors, including developmental pediatricians and neurological specialists, generally watch children closely after birth in order to identify and address any developmental delays or problems with muscle function that may indicate cerebral palsy.

Symptoms of Cerebral Palsy

Although there is no cure for cerebral palsy and the damage to the brain is irreversible, treatments in the early stages of this medical condition may help the child better deal with the condition. If you notice any of these signs or symptoms in your child, you should seek immediate medical advice:

  • Loss of nerve and muscle function in the arms and legs
  • Complete paralysis of the body
  • Difficulties with hearing, speech and vision
  • Difficulties with breathing, feeding, bladder and bowel control
  • Sensory abnormalities
  • Speech impediments
  • Seizures or epilepsy
  • Mental retardation
  • Learning disabilities

At Gersowitz Libo & Korek, P.C., our legal team has the knowledge, experience and financial resources to help you obtain the compensation that you and your child deserve. We know when to hire the right medical experts to prove your case and hold the right parties accountable.

You Deserve an Experienced Cerebral Palsy Lawyer

If you have recently experienced the agony of giving birth to a child with cerebral palsy and you suspect or believe that medical negligence was the cause, you are not alone. While such serious medical conditions will impact all parts of your child’s life and the lives of the entire family, the law does provide you with legal recourse to help you seek justice against the parties responsible for such injuries.

The attorneys at Gersowitz Libo & Korek, P.C. have over 30 years of experience in pursuing justice on behalf of individuals harmed by medical malpractice. Our legal team will take every step necessary to secure not only financial compensation but also accountability and justice.

Frequently Asked Questions

  1. What are the most common causes of cerebral palsy?

Cerebral palsy is caused by traumatic injury to a developing brain, including the parts of the brain responsible for motor control, coordination and balance. Common causes of brain damage leading to cerebral palsy include:

  • Infections during pregnancy
  • Severe untreated jaundice
  • Asphyxiation
  • Brain injury during or shortly after birth
  • Brain hemorrhage before birth
  • Infections after birth

2. How long will it take to resolve my claim?

The length of time it will take to resolve your claim depends on the complexity of your case. If the facts in your case are clear, the healthcare provider will generally admit liability. However, if there are complicating factors for either negligence or causation, it can take longer for your case to come to resolution.

3. Are there non-medical causes of cerebral palsy?

When a child’s brain suffers a severe or prolonged loss of oxygen or is seriously damage, it could lead to the development of cerebral palsy. Common non-medical causes of cerebral palsy include:

  • Blunt trauma to the head
  • Car accidents
  • Abuse
  • Near drowning

4. What evidence might an attorney expect from me?

Your NYC cerebral palsy attorney will need to get information from you to prove two important factors:

  1. The medical care provided was negligent (serious mistakes were made)
  2. But for the negligence, the injury would not have happened (known as causation)

5. If I’m worried my child has cerebral palsy, what can I do?

If you notice obvious symptoms of cerebral palsy, you should immediately consult your child’s pediatrician. Even if you notice less obvious signs that could indicate cerebral palsy (such as muscle spasms, stiff muscles, and abnormal movements), you should also consult your child’s doctor. Early intervention is key when helping children with cerebral palsy.

You should also consult an experienced New York cerebral palsy attorney to determine whether your child’s cerebral palsy was the result of the negligent actions of a healthcare professional.

6. How can a medical malpractice lawyer help me?

Medical malpractice cases are complicated because not only does there have to be enough proof in place to file a case, but there are also certain rules in place that must be met. Additionally, you need to make sure that your child’s cerebral palsy was indeed caused by the negligent mistakes of a healthcare provider. An experienced NYC medical malpractice attorney can help prove your case and get you the full compensation that you and your child deserve.

Call Us Today!

For more information or to schedule a complimentary consultation with one of our experienced medical malpractice attorneys in New York, please call us at 1-800-529-9997 or fill out a New York Personal Injury Case Consultation form. We handle personal injury cases in New York and New Jersey.


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