Bronx Cerebral Palsy Lawyer

Bronx Cerebral Palsy Lawyer

Cerebral palsy is a group of permanent neurological disorders caused by abnormal brain development or damage before, during, or shortly after birth. If your child was diagnosed with cerebral palsy after a birth injury caused by a health care professional’s negligence, you may have grounds to sue.

There are four types of cerebral palsy: spastic, dyskinetic, ataxic, and mixed. Most cases are spastic, involving stiff muscles. Dyskinetic cerebral palsy involves uncontrollable movements, ataxic cerebral palsy involves poor balance and coordination, and mixed cerebral palsy involves a combination of symptoms. A cerebral palsy diagnosis, no matter what type, can have a significant impact on a child and their family—even though symptoms can change over time, the underlying damage is lifelong.

While not all cases of cerebral palsy are caused by medical negligence, many result from errors or omissions by health care providers during pregnancy, labor, delivery, or shortly after birth. In particular, poor medical decisions during this time, such as delayed C-sections or poor monitoring, can cause birth injuries that lead to cerebral palsy. If your child’s cerebral palsy diagnosis was caused by a medical provider’s negligence in the Bronx, you may be able to file a lawsuit to recover compensation.

Why Hire a Bronx Cerebral Palsy Lawyer?

When you work with a Bronx cerebral palsy attorney, they will handle the bulk of the legal proceedings for your case so your family can focus on healing. An experienced cerebral palsy lawyer with knowledge of the Bronx’s medical malpractice laws and statutes of limitations can gather evidence, interview witnesses, and file your case. A local attorney will also have familiarity with local hospitals and medical experts to provide testimony in your case.

Do I Have a Case of Cerebral Palsy Due to Medical Negligence in the Bronx?

You may have grounds for a medical negligence lawsuit for cerebral palsy if medical errors during birth caused your child’s condition. Some common causes of cerebral palsy include failure to monitor fetal distress, delayed C‑sections, improper use of forceps or vacuum extraction, oxygen deprivation, failure to treat maternal infections, and improper handling of the infant during or after childbirth.

Evidence is a crucial factor in successful cerebral palsy lawsuits. You will need medical records showing lapses in the standard of care, as well as documentation and testimony showing that nurses, doctors, or other hospital staff made mistakes.

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

Cerebral Palsy Lawsuits in the Bronx

A doctor, nurse, hospital, or other health care practitioner may be liable for your child’s cerebral palsy diagnosis in the Bronx if you can prove that their negligence caused your child’s injury.

Under New York law, medical malpractice occurs when a health care professional breaches the accepted standard of care for a patient, causing injury. In general, a health care provider must deliver the level of care a reasonably prudent professional with the same training and experience would have provided under the same circumstances.

Before filing a cerebral palsy lawsuit in the Bronx, you will likely need to file a Certificate of Merit from a health care professional confirming that negligence caused the diagnosis.

Compensation Available for Cerebral Palsy Cases in the Bronx

In the Bronx and across New York, there is no cap on damages in medical malpractice lawsuits, including those involving birth injuries like cerebral palsy. The value of a birth injury case in New York depends heavily on proving the full extent of the damages and the negligence involved.

When calculating the value of a birth injury case, your attorney will consider your economic and non-economic damages. Economic damages are the provable financial losses resulting from injuries, while non-economic damages compensate victims for non-quantifiable losses, such as pain and suffering.

Through a cerebral palsy settlement or jury verdict, you may be able to recover compensation for the following damages:

  • Past and future medical expenses
  • Lost earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of quality of life
  • Lifetime care costs
  • Punitive damages

New York Statute of Limitations for Cerebral Palsy Claims

In New York, most medical malpractice lawsuits must be filed within two and a half years of the incident giving rise to the action. However, there are exceptions for birth injury lawsuits, including those involving cerebral palsy. For cases involving minors, families generally have until the child’s 10th birthday to file. However, it’s important to speak with a Bronx birth injury attorney and double-check the statute of limitations for your case to ensure you don’t miss the filing deadline.

Even though you may have years to file your cerebral palsy lawsuit, early legal action is crucial to ensure you don’t miss deadlines and lose your right to recover compensation. Evidence can also degrade or disappear over time, so it’s important to act quickly after your child’s diagnosis.

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Speak With a Bronx Cerebral Palsy Attorney Today

Cerebral palsy is a life-altering medical condition that can cause struggles for a child and their entire family. When a medical professional’s negligence caused the injury, they should be held accountable.

At Birth Injury Center, we partner with The Sanders Law Firm to connect families who have experienced birth injuries with skilled legal representation in New York. Our legal partners have years of experience handling complex cerebral palsy cases and securing compensation for victims and their families. Additionally, they work on a contingency fee basis, so you won’t pay anything for their services unless they successfully resolve your case.

Contact Birth Injury Center today to schedule a free consultation.

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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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