NEW YORK BIRTH INJURY ATTORNEYS AT YOUR SIDE

​Cerebral Palsy

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Cerebral palsy is a neurological disorder that usually appears during a person's infancy or detected during early childhood years. This condition affects a person's muscles and nerves, but doesn't stem from disorders in the muscles and nerves. Rather, it is caused by a brain injury or abnormality. Cerebral palsy is a permanent life-long condition that will affect both child and parent for the rest of their lives.

 

Cerebral palsy cases are the most common motor disorder in infants, occurring in 1.5 to 4 babies out of every 1,000; 17 million people worldwide live with this condition. This condition, unfortunately, is often preventable.

 

Types Of Cerebral Palsy

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Cerebral palsy covers many disorders which have certain conditions in common. These include damage to the brain and problems with the nervous system at birth, which then affects both muscular movement and posture. When a child is born with cerebral palsy, the condition remains and is not treatable. Where damage to the brain occurred will determine what kind of cerebral palsy a person has. The three main categories of cerebral palsy are:

 

Athetoid Cerebral Palsy - Characterized by involuntary or uncontrolled movements affecting speech, coordinated movement and the ability to reach or grasp. The child experiences difficulties in maintaining their posture while sitting or walking.

Spastic Cerebral Palsy - Manifests with tight muscles causing stiff and jerky movement. It can make holding or letting go of objects difficult and is the most common kind of cerebral palsy.

 

Ataxic Cerebral Palsy - Poor coordination of movements, poor muscle tone along with problems in depth perception and balance.

 

It is the lack of blood flow and oxygen to the infant during delivery which then results in damage to the newborn's brain. In many instances, this condition could have been prevented if the symptoms had been diagnosed quickly or proper corrective actions, such as brain cooling, had been taken in time. A knowledgeable California birth injury lawyer strives to find out if the cause of your baby's cerebral palsy was medical malpractice and to assist in obtaining just compensation if this was the case.

 

Symptoms of Cerebral Palsy

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Brain and nervous system injuries caused at birth can bring about the disorder known as cerebral palsy. When there is not enough oxygen or blood flow to the newborn, labor and delivery problems can follow and if not properly and quickly diagnosed and corrected, can lead to birth injuries.

 

Many times, a doctor has to see that a baby is having a rough time in labor and make decisions in order to protect the health of the child and mother. A mother may be given Pitocin or other medications designed to induce labor which can cause problems in the delivery. There can be pressure within the hospital to not perform a Caesarean section due to the cost factor, even though this may have been the safest way to deliver the baby.

 

The final result can be a newborn afflicted with cerebral palsy and although the symptoms of this disorder may manifest quickly, they frequently do not do so until the infant is 2 years old. We would like you to talk to a dedicated California birth injury attorney from our firm if your child has been diagnosed with cerebral palsy. The condition could have been caused by the negligent actions of a health care provider, making them legally liable for their actions.

 

What Are The Symptoms Of Cerebral Palsy

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Symptoms that your child may have one of the types of cerebral palsy can include:

 

• A disturbed sense of balance and depth perception

• Involuntary and uncontrolled movements

• Stiff or difficult movements

• Weak muscles

• Struggles with fine or gross motor skills

• Poor muscle tone

• Speech difficulties

• Seizures

• Mental retardation

• Abnormal posture

 

Currently, there is no cure for cerebral palsy and it will affect your child throughout their life. They will need care and attention well above the norm for a child and we are here to help you resolve the financial difficulties which can arise. Medical malpractice deserves equitable compensation. This may mean that you can be compensated for the medical care of your child, future wages that the child would have earned and the suffering and emotional distress that he or she has gone through.

 

In addition to natural causes relating to the development of the brain, cerebral palsy may be caused by:

 

• Perinatal brain cell death, which occurs during the birthing process as the brain is starved of oxygen or blood vessels rupture; or,

• Postnatal non-functional or inappropriate connections (synapses) between brain cells, which occurs due to trauma, infections, and/or asphyxia that damage the brain.

 

These causes of cerebral palsy are examples of medical mistakes and negligence. When these unfortunate events occur, the physician, medical staff, and/or hospital may be liable for damages.  If you believe that your child may have or has been diagnosed with cerebral palsy, contact us and speak with a New York Birth Injury Attorney about you and your child's rights.

 

Erb’s Palsy

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Labor and delivery problems can sometimes cause the medical condition called Erb's Palsy in a newborn baby. This condition is a paralysis of the arm as a result of an injury to the arm's main group of nerves in the brachial plexus during the delivery process. While rare, it can require mild to severe medical intervention, including surgery and physical therapy. In many cases, the growth of the arm may become stunted and it will be much weaker than the other one.

 

Erb's palsy can be caused by the baby's shoulder becoming stuck under part of the mother's pelvic bone (shoulder dystocia), by excessive pulling on the shoulders during delivery or by pressure on the baby's shoulders during a breech birth. Medical malpractice can cause Erb's palsy through negligence or improper procedure during labor.

 

It is heartbreaking when your infant has successfully come to term and has been healthy throughout your pregnancy and this type of birth injury occurs. Your baby may face further medical treatments, which if unsuccessful, can cause great hardship throughout their life. If medical malpractice played a part in your baby's injury, seeking justice and compensation is the right thing to do. Our team of New York Birth Injury Attorneys are dedicated to righting the wrongs done to victims of medical malpractice.

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Negligence involving Forceps and Vacuum Extractors

 

In some scenarios, assistance is needed to help with the delivery of an infant. In these cases, the obstetrician may use a vacuum device or forceps to help extract the child.  The use of these devices can increase the chances of an infant sustaining an injury during birth, especially if there is carelessness or negligence involved.

Forceps and vacuum extractors particularly increase the risk of:

 

• Skull fractures

• Skull malformations

• Brain damage

• Fetal stroke or seizures

 

Legal Compensation for Birth Injury

 

When your child is injured due to a preventable birth injury, you are entitled to legal compensation. This is not a matter of just collecting money due to an unfortunate circumstance. It’s a matter of both holding the healthcare facility and doctors accountable for the negligence or inaction, and about the need to relieve stress from your family due to financial strains. Birth injuries will create increased costs for the healthcare, as well as, future costs of raising a child with a birth defect.

 

The law clearly allows for compensation for a reason; use it as it was intended, to help rebuild your life. An experienced New York Birth Injury Attorney can help you with your case. We will help you to understand where the negligence occurred, what can be done about it, gather the evidence to build a strong case, and hold those responsible accountable.

 

Contact a New York Birth Injury Attorney for a Free Consultation

 

While no amount of financial compensation can change the fact that a birth injury occurred, it can certainly help you and your family deal with your medical expenses and get some peace of mind. Our New York birth injury lawyers are dedicated to helping people affected by medical negligence recover for their losses. To schedule a free consultation with one of our attorneys, call the Law Office of Dimitrios Kourouklis today at (929) 400-7608. If you would prefer to reach us via email, you can email us at kourouklislaw@gmail.com or fill out our online contact form.

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DISCLAIMER: This site and any information contained herein are solely intended for informational purposes only and should not be construed as legal advice nor does it form an attorney-client relationship. Seek competent legal counsel for advice on any legal matter.