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Cerebral palsy and birth injuries: What victims need to know

Cerebral palsy is a disorder that can result from damage to the brain during the birthing process.

The National Institute of Neurological Disorders and Stroke, a branch of the National Institute of Health (NIH), defines cerebral palsy as a group of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination. This disorder can result from damage to the brain before, during or after birth. The damage is not repairable and the results are permanent.

Cerebral palsy is not uncommon. The Centers for Disease Control and Prevention (CDC) report that cerebral palsy is the most common motor disability in childhood and approximately 1 in 323 children have the disability.

Symptoms include:

  • Ataxia . A lack of muscle coordination when the infant or child attempts voluntary movements.
  • Spasticity . A stiffness or tightness in the muscles along with exaggerated reflexes.
  • Tremor . Shaking or involuntary movements.
  • Delays . A failure or delay in meeting milestones.

Causes include problems with the blood flow to the brain or head injuries. Asphyxia, the lack of oxygen in the brain due to an interruption, is not uncommon during delivery. However, a prolonged period of asphyxia can result in hypoxic-ischemic encephalopathy. This is a form of brain damage that destroys tissue in the brain. In addition to these causes, this form of damage can also result from low maternal blood pressure, a rupture of the uterus, detachment of the placenta or issues involving the umbilical cord.

Remedies available for victims

Medical professionals are held to a high standard of care. A failure to meet this standard can led to liability for any resulting injuries. For example, oxygen to the fetus is generally monitored during labor and delivery. If monitoring is not occurring or if there is unreasonable delay in medical intervention in the event of a disruption, the medical professionals that are caring for the patient may be liable for any resulting injuries.

In situations such as these that result in development of a disorder like cerebral palsy due to the negligent or reckless act of medical professionals, remedies may be available to victims and their families. These remedies can include monetary awards to assist in covering the high cost of medical expenses, therapy, medical devices and medications.

Importance of legal counsel

The medical professionals with the NIH note that the symptoms not only vary greatly among individuals but can change in an individual over time. Signs may become present during the early months of life, but diagnosis may not occur until the child is two years old or even later. This can make it difficult to immediately determine if complications during labor and delivery resulted in injury to the infant. As a result, pursuing a claim against medical professionals for this disorder can be difficult. Contact an experienced cerebral palsy malpractice attorney to discuss your options and better ensure your legal rights and any potential remedies are protected.

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Roberto Martinez
19:02 24 May 23
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Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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