The Centers for Disease Control and Prevention (CDC) report that cerebral palsy is the most common motor disability in children, affecting more than 400 a year, according to the latest estimate.
Cerebral palsy is defined as a loss or deficiency of motor control with involuntary spasms caused by permanent brain damage present at birth. This permanent and irreversibly crippling condition affects the central nervous system and, not all, but some cases are the result of physician and hospital staff negligence between birth and the baby being discharged from the hospital. This condition can result when nurse does not react to abnormalities in a fetus’s heart rate and fails to call an obstetrician to make sure the baby is doing well. The baby could develop cerebral palsy due to oxygen starvation to the brain. In such a situation there may be grounds for the parents to sue for damages.
To help determine the instances when a medical professional’s actions could be deemed the cause of a cerebral palsy case, the American College of Obstetricians and Gynecologists (ACOG) provides a report of the primary causes of the disorder. According to this guide, indications of negligence could include (1) low Apgar scores, (2) neonatal encephalopathy, (3) non-reassuring fetal heart rate patterns, and (4) meconium-stained liquor. If any of these can be established, there are likely grounds to pursue a liability suit.
In these cases, the physical pain, sense of loss, limited quality of life, and costly expenses related to the specialized care and therapy that a victim requires for the duration of their life are indescribable tragedies. Pursing a successful liability case is often the only way to help ease these emotional and financial burdens caused by this devastating disorder.
If you or a loved one is in need of legal assistance,call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. at (212)-354-6800 or toll free 1-888-LAW-1744, 347-577-9440 or submit an online questionnaire. Our firm offers a free case evaluation and our dedicated team can help you understand your legal rights and obtain the compensation you are entitled to.