Cerebral palsy is a type of brain damage that can cause a host of symptoms in young children. Unfortunately, this condition does not improve over time, and the effects of cerebral palsy are permanent. When a child develops cerebral palsy due to medical negligence during childbirth, his or her parents may have grounds for a medical malpractice claim against the doctor or other medical professional who caused the damage. Contact Sullivan, Papain, Block, McGrath & Cannavo, P.C., in New York City today to schedule a free case evaluation for a recent cerebral palsy diagnosis.
In some cases, cerebral palsy can occur from natural causes completely outside of any doctor’s control. However, when a child develops cerebral palsy due to medical negligence, such as poor prenatal care, excessive force during delivery, or failure to monitor a baby’s vital signs, the parents likely have grounds for a medical malpractice claim.
Filing a medical malpractice claim in New York City is a complex process that requires meeting the statute of limitations set forth by New York law. The average client with no legal experience or training will need an attorney to handle insurance issues, build a strong case and contact expert witnesses who can help explain a client’s situation in a way a jury can understand.
The effects of cerebral palsy in each case can be difficult to predict, and the symptoms are different for every child born with this condition. Some may only require minimal assistance as they grow up and may only experience minimal cognitive, social, and physical delays while others suffer severe impairment and will require constant care for the rest of their lives.
To succeed with a medical malpractice claim for cerebral palsy, a plaintiff’s attorney must prove that an official doctor-patient relationship existed between the plaintiff and the defendant. Then, the attorney must show that the defendant failed to meet the standard of care and caused the child’s cerebral palsy. Finally, the plaintiff’s attorney must prove the extent of the damages involved in the case.
Parents of children who develop cerebral palsy due to medical negligence can secure compensation for the medical expenses required to care for the child’s condition, lost income from time they must spend away from work to care for their child with cerebral palsy, and pain and suffering damages as well. It may also be possible for a defendant to face punitive damages for gross negligence or any intentional harmful acts that caused the damages in question.
Contact Sullivan, Papain, Block, McGrath & Cannavo, P.C., today to schedule a free consultation about your cerebral palsy claim in New York City, and we will let you know how our firm can help.