Medical malpractice frequently occurs during child birth when a medical professional negligently
provides treatment during delivery; OB/GYNs are one of the most commonly
sued medical specialties. The resultant injuries can be catastrophic.
Cerebral palsy is a frequent injury suffered by a child, and the parent’s
thereof, when a medical professional has committed malpractice.
experienced Poughkeepsie medical malpractice attorneys are too familiar with the effects of cerebral palsy. If a medical professional
is the cause of your child’s cerebral palsy, you should know that
you have a right to receive compensation for the injury. There are special
rules regarding injuries to children, such as the tolling of the statute
of limitations, which is important to know. To learn more about that,
please visit a previous blog post we drafted explaining those rights here.
Cerebral palsy is caused by a brain injury due to the brain being deprived
of adequate oxygen. Other causes are brain trauma, hemorrhaging, and/or
infections. The injury can happen during gestation, but it also transpires
in lesser occurrence during delivery, or immediately thereafter. This
condition displays lost motor function or impairment thereof in the affected
individual. One suffering from cerebral palsy will have impaired balance
and muscle movement.
Complicating the matter is that the effects of cerebral may not be discovered
until years after the injury occurred. Moreover, each person afflicted
with cerebral palsy suffers in different degree. Some may experience mild
impairment of muscle control, while others may be completely disabled.
Additionally, there are different forms of cerebral palsy; spastic, ataxic,
athetoid, or mixed.
When the individual has stiff or paralyzed limb(s), the condition is spastic
cerebral palsy. Ataxic cerebral palsy affects balance and depth perception
resulting in impaired motor skills and coordination. Athetoid cerebral
palsy is marked by involuntary and uncontrollable twitching of the arms
legs, hands, feet, mouth, and or face. If an individual displays symptoms
fitting into multiple categories, their affliction is referred to as mixed
cerebral palsy. Persons with any type of cerebral palsy may experience
behavioral issues, trouble learning, difficulty breathing and/or swallowing,
poor hearing and vision, and even incontinence.
The legal requirements that plaintiffs must satisfy in order to successfully
litigate a cerebral palsy medical malpractice claim are the same as in
medical malpractice case. That is, you will need to establish that the defendant owed a duty to
the patient to not cause the harm that came about. Your attorney will
prove what that duty was and use expert testimony to prove the standard
of care that the patient should have received. Next, it will be pleaded
and proved that the doctor breached the duty/standard of care and that
the breach was the cause of the patient’s injury. In this case it
would be the cause of the victim’s cerebral palsy. Lastly, there
will be a showing of the injuries and damages suffered by the patient.
You may be entitled to compensatory damages for your past and future medical
costs, among other things, and you may receive punitive damages if the
medical professional’s negligence was especially wanton or reckless.
Are you interested in learning more about birth injuries? Visit our latest
article for more information on the
various types and why they can be medical malpractice here.
Our medical malpractice attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie,
and Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.