Cerebral Palsy FAQs
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.