Westchester County Cerebral Palsy Lawyer

Westchester County Cerebral Palsy Lawyer

Cerebral Palsy is a frequent result of medical errors during pregnancy, labor, delivery, or shortly after birth. If a health care provider’s failure has harmed your child, a Westchester cerebral palsy lawyer can help you hold them accountable.

Medical errors before, during, and shortly after birth often lead to birth injuries in New York and throughout the United States. Cerebral palsy is among the most common birth injuries, with around one in 345 children in the U.S. diagnosed with this condition, according to the Centers for Disease Control and Prevention.

If medical negligence has caused your child to develop cerebral palsy, you have legal rights. Birth Injury Center can connect you with a Westchester cerebral palsy lawyer who can pursue justice for you and hold the negligent provider accountable for your losses. Contact us today for a free case review.

Birth Injury? We Can Help

At Birth Injury Center, we partner with lawyers who know what it takes to win birth injury cases, and get you the justice you deserve.

Attorney Mathew Shooshtary

Mathew Shooshtary
Associate Attorney at The Sanders Law Firm

jay margolis headshot

Jay Kenneth Margolis
Senior Partner at The Sanders Law Firm

Was your child a victim of medical negligence?
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Cerebral Palsy Lawyers Serving Westchester Families

If your child has suffered harm from medical negligence, it’s critical to work with a New York birth injury lawyer who knows the local laws on malpractice claims. You may be entitled to compensation if you can prove that a provider’s error was a direct cause of your child’s injuries. However, the process is complex, and you’ll likely need experienced legal representation to navigate the justice system successfully.

Birth Injury Center proudly partners with The Sanders Law Firm to provide compassionate legal representation to families affected by birth injuries. The Sanders Law Firm is one of the largest personal injury law firms in New York, and its lawyers have over 50 years of practice experience. The firm has built a strong reputation for fighting hard for clients and has recovered billions of dollars in verdicts and settlements, including numerous multi-million-dollar verdicts in malpractice cases.

The firm’s successful track record shows its team understands how to be effective advocates, while its size and experience ensure there are resources to handle complex cases—all while providing the personalized attention every client deserves. The Sander’s Law firm is ready to bring decades of experience in malpractice claims to your case, so contact us to get connected with an experienced birth injury lawyer today.

How a Cerebral Palsy Lawyer Can Help

If your child sustained a birth injury due to a medical care provider’s error, an experienced cerebral palsy attorney can help you to pursue a negotiated settlement or file a New York birth injury lawsuit. The Westchester cerebral palsy lawyers at  The Sanders Law Firm offer the following services:

  • Investigation: A birth injury lawyer will investigate to determine the cause of your child’s condition and identify all the parties responsible.
  • Gathering medical records: HIPAA regulations and hospital privacy policies often lead hospital staff to deny requests for information. A Westchester cerebral palsy lawyer can gather the documents detailing the medical treatment provided.
  • Personalized, compassionate advocacy: You aren’t just another number with The Sanders Law Firm. Attorneys on your team actually care about you and will be there to support you as you pursue justice.
  • Fighting for maximum compensation: As one of the largest personal injury law firms in New York, The Sanders Law Firm has a reputation for fighting hard for clients. The team also has top-notch negotiating skills honed over 50 years of fighting for the rights of the injured. Therefore, you’ll have a strong advocate representing you whether your case is resolved in or out of court.
  • Pre-trial negotiations or trial prep: From day one, your attorney will start building a strong case by gathering evidence, consulting with expert witnesses, preparing legal paperwork, and doing everything necessary to present a solid claim.

Cerebral Palsy and Medical Negligence

While not every case of cerebral palsy results from medical malpractice, many are caused by health care providers’ failures. In many cases, medical professionals could prevent the development of cerebral palsy by meeting the accepted standard of care. The most common causes of cerebral palsy include the following:

  • Failure to monitor fetal health: Health care providers must carefully monitor the fetal heart rate and contraction strength during labor so they can take swift action if the fetus is showing signs of distress.
  • Delayed or improper response to complications: As soon as it becomes apparent that complications are a risk to mother or baby, your provider must take action, such as ordering an emergency C-section or transferring the patient to a better-equipped hospital or care provider.
  • Failure to Diagnose or Treat Infections: A misdiagnosed or untreated maternal infection could cause or contribute to the development of cerebral palsy.
  • Improper Use of Forceps or Vacuum Extraction: During a vacuum delivery or forceps delivery, health care providers must use these assistive devices correctly. Aggressive or improper use can permanently damage a newborn’s developing brain.
  • Medication Errors: Errors such as administering the wrong medications, the wrong dose, or medication at the wrong time can all result in complications that cause damage to the baby’s brain.

Cerebral Palsy Lawsuit Statute of Limitation in Westchester

You may be eligible to file a cerebral palsy lawsuit if your child has developed the condition due to a medical error. However, you must act within the deadline set by the state’s statute of limitations.

For most medical malpractice claims in New York, the deadline is 2.5 years. However, because minors lack the legal capacity to sue, and because birth injuries aren’t always immediately apparent, the statute of limitations is tolled, or paused, for birth injury claims. But, unlike other claims, that clock is not paused until adulthood. Instead, New York’s Civil Practice Law and Rule § 208 sets a hard deadline of 10 years. Therefore, birth injury claims must generally be filed by the child’s 10th birthday.

With a strict deadline in place, it’s essential to get help from a Westchester cerebral palsy lawyer.

Damages Westchester County Families Can Recover

When your child has developed cerebral palsy, it can change your family’s life forever. Your family deserves full compensation for all the damages resulting from medical negligence.

In a cerebral palsy lawsuit, families can typically pursue compensation for the following losses:

  • Medical bills: Past and future medical costs for your child’s care, including hospital stays, medications, and surgeries
  • Therapy costs: Any physical, occupational, and speech therapy your child requires
  • Assistive technology: Compensates for the communication aids, wheelchairs, mobility tools, or other adaptive devices
  • Accessibility modifications: The costs of adapting your home and vehicle for accessibility
  • Educational support: Special education services, tutoring, or other special educational accommodations
  • Lost earning capacity: Cover your child’s reduced earning potential and lost opportunities
  • Pain and suffering: Compensates for the physical challenges your child faces due to their condition.
  • Emotional distress: Covers the mental impacts and emotional trauma stemming from the injury, such as depression and anxiety

Get in Touch with a Westchester County Birth Injury Attorney Today

If your child has developed cerebral palsy due to medical negligence, Birth Injury Center can help you explore your legal options and connect you with our legal partners at The Sanders Firm.

The birth injury lawyers at The Sanders Firm operate on a contingency fee basis, which means that you don’t pay legal fees unless they recover compensation for you. Your consultation and case evaluation are also free.

To find out more about how a cerebral palsy lawyer can fight for you, call or contact us online today.

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Medically Reviewed by
Natalie Speer
RNC-OB
+8 years of experience in labor & delivery, women's health, postpartum care & more.
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Birth Injury? We Can Help