Kingston, New York Medical Malpractice Attorney Discusses Cerebral Palsy And Medical Malpractice; Causes And Possible Claims To Make

Birth Injury

There are many kinds of birth injuries that might result from medical malpractice.  None are more prolific than cerebral palsy.  The condition could be caused during pregnancy, during childbirth, or after birth up to about age three.  However, New York medical malpractice may cause cerebral palsy during the birthing process.  As the child is being delivered, a head injury, infection, and/or lack of oxygen may cause the condition.  New York medical malpractice may be attributed to either a head injury or lack of oxygen.


Cerebral palsy is a physical disability in human development that affects various areas of body movement.  During one of these critical periods of development, damage to motor control centers results in limitations of the function of extremities of the child.


New York medical malpractice may actually be the cause of cerebral palsy.  Doctors and hospital staff may make critical mistakes during the birth of your child.  As a New York medical malpractice attorney for many years—with a strong focus on birth injuries—I have seen the following causes of cerebral palsy:

  •   Lack of oxygen to the brain because the child was left in the birth canal too long
  •           Failure to recognize and treat seizures immediately following delivery
  •           Excessive use of a vacuum extraction tool by a physical to withdraw a baby from the birth canal
  •           Improper and/or excessive use of forceps to withdraw a baby from the birth canal
  •           Failure to detect a prolapsed or ruptured umbilical cord
  •           Not responding or responding too slowly to changes in fetal heart rate
  •           Failure to respond to the mothers changing conditions which give warning signs
  •           Misdiagnosing or failing to diagnosis jaundice or meningitis
  •           Failure to perform a C-section for any of these conditions, or for a baby with a high birth weight, for a mother with a small pelvis, or for a baby with a dangerous position (i.e. sideways).


But there is a fine line between what is a naturally needed for the birthing process, and what is a result of New York medical malpractice.  Even after the baby is born, medical staff must still treat the child to ensure its health.  But sometimes, events that occur after birth can be a warning flag.  In fact, here are some of the most common indicates and red flags that New York medical malpractice may have caused your child’s cerebral palsy:

  • When the medical staff had to use an emergency delivery with forceps, vacuum extraction, C-section, or any combination of these
  • Once your child was delivered, medical staff immediately had to provide CPR
  • Either immediately after birth or within the first 3-4 days of your child’s life, your child had seizures
  • Immediately after your child’s birth or within the first week or so, your child required specialized testing such as an MRI, Functional MRI, or CAT scan
  • After your child’s birth, your child was transferred to another hospital or spent time in a Neonatal Intensive Care Unit (NICU)
  • Your child is required oxygen after birth for a long period of time (days)
  • A specialist was called in to look after your child

All of these incidents may give rise to New York medical malpractice.  However, it is important to note that the presence of one or more of these factors does not mean there IS medical malpractice automatically!  Many of these instances are normal occurrences!  Child birth is a very physically demanding time on all parties involved and certain injuries are unavoidable.  Many hospitals will take these steps anyway to ensure the upmost care of your child and utilize these same methods.  Unfortunately, many hospitals will also try these very things to sneak by you and not show there may be New York medical malpractice present.  Either way, you need to contact a trained and experienced New York medical malpractice attorney to assess your claims.