Queens Cerebral Palsy Lawyer

Queens Cerebral Palsy Lawyer

If your child was diagnosed with cerebral palsy after experiencing an injury before, during, or just after birth, you may be entitled to compensation. Speak with a Queens cerebral palsy lawyer to understand your rights and legal options.

Cerebral palsy refers to a group of neurological disorders that can permanently affect a child’s movement and muscle coordination. Most cases result from prenatal conditions or birth injuries due to oxygen deprivation or brain trauma. Because cerebral palsy symptoms are permanent, the physical, emotional, and financial impact on a child and their family after diagnosis can be staggering.

While cerebral palsy is not always preventable, many cases occur because medical providers failed to meet the accepted standard of care. If your child’s cerebral palsy has resulted from medical negligence, a Queens cerebral palsy lawyer can file a lawsuit to pursue financial compensation for your family’s losses.

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

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Why Work With a Queens Cerebral Palsy Lawyer?

Representation by a Queens cerebral palsy attorney can relieve much of the burden of pursuing a birth injury lawsuit, giving your family more time to heal. An experienced attorney will handle the bulk of the legal details of your cerebral palsy lawsuit.

A Queens cerebral palsy lawyer will be familiar with area health care facilities, like the Long Island Jewish Medical Center, Queens Hospital Center, and Jamaica Hospital. They will also know the local legal landscape and jury dynamics, and have a network of medical professionals who can provide expert testimony, giving you a decided advantage in pursuing accountability.

Was Your Child’s Cerebral Palsy Caused by Medical Negligence?

Cerebral palsy develops during pregnancy, delivery, labor, and shortly after birth, typically due to oxygen deprivation or trauma to the baby’s brain. While not all cases of cerebral palsy are preventable, many result from errors or omissions by medical professionals.

A doctor, hospital, or other health care practitioner may be liable for your child’s cerebral palsy diagnosis if you can prove that their negligence caused your child’s injury. Some common causes of cerebral palsy that constitute medical negligence include the following:

Cerebral Palsy Lawsuits in Queens

Under New York law, 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. Medical malpractice occurs when a health care professional fails to meet the accepted standard of care, causing injury to a patient.

To be successful in a birth injury lawsuit in Queens over cerebral palsy, you must prove a failure to meet the accepted standard of care, show the breach caused your child’s injury, and establish that the cerebral palsy diagnosis has resulted in compensable damages.

Any health care provider, including doctors, nurses, other staff, hospitals, birth centers, and medical practices, may be liable for medical negligence.

One major requirement in New York medical malpractice cases, including birth injury claims, is the Certificate of Merit. The plaintiff files this statement attesting that a qualified medical expert has reviewed the case and found a reasonable basis for the claim.

What Compensation Can a Cerebral Palsy Lawsuit in Queens Provide?

In a Queens cerebral palsy lawsuit, families can pursue compensation for a wide array of damages. These include economic damages, which cover the quantifiable financial losses resulting from injuries, and non-economic damages, which compensate victims for harder-to-measure impacts on their lives.

In New York, there’s no cap on medical malpractice damages, although lawmakers are considering putting a cap on non-economic damages.

Some of the damages you may be able to recover in a cerebral palsy lawsuit include the following:

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

The value of a birth injury case in New York depends heavily on proving the full extent of the damages and the negligence involved.

New York Statute of Limitations for Cerebral Palsy Claims

In New York, medical malpractice lawsuits typically must be filed within two and a half years of the incident giving rise to the action. The deadline is generally longer in a birth injury case because minors lack the capacity to sue on their own behalf, and such injuries are not always immediately discoverable. Thus, New York law generally gives families until the child’s 10th birthday to file suit.

However, if you are suing a public hospital for a birth injury in New York, you must submit a Notice of Claim form within 90 days of the injury. You must then file the lawsuit within one year and 90 days of malpractice. This requirement sets a much tighter deadline for action. While the law permits courts to grant applications for leave to serve a late notice, such leave is not guaranteed.

Regardless of the deadline, prompt action is critical. Evidence becomes more difficult to find over time, and witnesses’ memories will fade. It’s important to act quickly as soon as you discover your child’s injury to give your case the best chance of success.

Speak With a Queens Cerebral Palsy Attorney Today

Cerebral palsy lawsuits are complex, and New York medical malpractice laws add another layer of complication. Working with a Queens cerebral palsy attorney with experience in these cases can ease the burden your family is carrying.

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 in Queens. The Sanders Law Firm operates on a contingency fee basis, so there are no upfront costs to legal aid–you won’t pay anything unless they successfully resolve your case.

Contact Birth Injury Center today to get connected with a Queens cerebral palsy attorney for 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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