(845) 802-0047Cerebral palsy is a life-altering condition, not only for the patient but for their family as well. Due to its impact on the developing brain, cerebral palsy may take years to be diagnosed in a child. Once you have received that diagnosis for your child, it may be important to determine if part of the birthing experience contributed to their condition.
For some children, doctors in the delivery room failed to take quick or appropriate action, which in turn caused the baby’s brain to be deprived of oxygen and led to cerebral palsy. For example, the doctor may not have performed a cesarean section when needed or refused to perform one altogether, or they could have continued with a dangerous induction of labor.
Through no fault of your own or your baby’s, you both now face a lifetime of challenges. However, you could still pursue justice with a seasoned birth injury attorney’s help. A Troy cerebral palsy birth injury lawyer may be able to determine what caused your child to develop this condition and who is liable.
What are the Early Signs of Cerebral Palsy?
Most people think of childhood growth in terms of height and weight. In addition, however, children should also hit certain developmental growth milestones. Rolling over, sitting up, crawling, and walking are all developmental growth markers that should be tracked as an infant develops. According to the Centers for Disease Control (CDC), when these milestones are delayed or absent, it could be an early sign that a child has cerebral palsy.
Timing a Cerebral Palsy Birth Injury Case
Noticing the early signs of cerebral palsy is critical to your child’s medical care. Speaking to a qualified cerebral palsy birth injury lawyer in Troy soon after a diagnosis can also be important, primarily because of a legal filing deadline known as the statute of limitations.
Per New York Civil Practice Law & Rules §214-a, victims have two years and six months after incurring or finding out about their condition to formally file a civil medical malpractice lawsuit. Since the conditions that cause cerebral palsy may be related to the birth process, the state allows a total of 10 years to file a lawsuit for minors in these cases.
Establishing Negligence for Cerebral Palsy Birth Injury
To win damages in a cerebral palsy case, the plaintiff must demonstrate negligence on the part of a physician involved in their infant’s care during and immediately after their birth. Under the legal premise of negligence, the following elements must be proven in court:
- Duty – a doctor-patient relationship existed
- Breach of duty – the doctor failed to act with reasonable care or in a manner consistent with the way another doctor with the same training and experience would have acted
- Causation – the doctor’s actions or inactions directly caused injury to the plaintiff
- Damages – due to the injury that was caused, the plaintiff suffered damages such as pain and suffering and financial obligations
It should be noted that physical damages—in other words, an actual physical injury—must be present in order to successfully meet the final requirement for legal negligence, but other damages can be included in a settlement demand in addition to physical injuries. A Troy cerebral palsy injury birth injury attorney could help a potential plaintiff determine what kinds of damages they may be eligible to pursue in their case.
Consult with a Troy Cerebral Palsy Birth Injury Attorney
If your child is diagnosed with cerebral palsy, you want them to have the best medical care available. At the same time, you may also want the best legal representation to secure your legal rights and inform you of your options.
While there may be no doctor or attorney who can change what has already happened, the right medical care can still give your child the best life possible. With the right legal counsel, you may be able to receive compensation to pay for that care. For a case evaluation, contact a compassionate Troy cerebral palsy birth injury lawyer today.