Cerebral Palsy FAQS

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1. My child was diagnosed with a birth injury called Cerebral Palsy. What is it and what causes Cerebral Palsy?
2. What are the most common types of birth injury?
3. Is there any treatment for Cerebral Palsy?
4. What are the most common instances of medical negligence in a Cerebral Palsy birth injury case?
5. Is there statute of limitations for Cerebral Palsy cases?
6. I signed a medical consent form. Have I waived all my rights?
7. Should I hire a lawyer to help with a birth injury claim?

1. My child was diagnosed with a birth injury called Cerebral Palsy. What is it and what causes Cerebral Palsy?
Cerebral Palsy is a condition involving a group of disorders that affects a child’s ability to control his or her own movement. Cerebral Palsy results from injury to the cerebrum (the largest portion of the brain, involved with higher mental faculties, sensations, and voluntary muscle activities). It can be caused by injury to the brain before, during, or after birth.

2. What are the most common types of birth injury?

Cerebral Palsy
Erb’s Palsy/brachial plexus injuries
Shoulder dystocia
Brain injury caused by improper use of vacuum extractors
Untreated jaundice

3. Is there any treatment for Cerebral Palsy?
There is no standard therapy that works for all patients. The following are some of the most common treatments:

Drugs to control seizures and muscle spasms
Special braces to compensate for muscle imbalance
Surgery
Mechanical aids to help overcome impairments
Counseling for emotional and psychological needs
Physical, occupational, speech, and behavioral therapy

4. What are the most common instances of medical negligence in a Cerebral Palsy birth injury case?
The most common examples of medical negligence are related to improper responses to complications by the doctor or anyone on the medical team. These responses are usually related to unforeseen circumstances, such as a larger baby than expected, an unexpected shift in baby’s position, and other unexpected complications, which may include:

Bleeding, distress, or lack of oxygen experienced by mother or infant
Umbilical cord entrapment or compression
Delay in decision to do cesarean section
Use / misuse of vacuum extractor and forceps
Delay in recognizing or treating Infections

5. Is there statute of limitations for Cerebral Palsy cases?
Most claims must be filed within a certain amount of time of the injury. In New York, the statute of limitations for a personal injury is three years. It is imperative that these statutes are observed because once they expire, cases may be barred forever. To discuss your case, contact Oshman & Mirisola, LLP.

6. I signed a medical consent form. Have I waived all my rights?
No. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment.

7. Should I hire a lawyer to help with a birth injury claim?
Yes. An Oshman & Mirisola, LLP attorney will be able to assess your case in the first meeting and advise you of your rights and options for litigating the case. Contact us today.