The brain damage attorneys at Dansker & Aspromonte Associates have recovered millions of dollars for their clients with cerebral palsy (CP). Birth injuries and medical errors are among the many causes of CP. But, no matter the reason, a diagnosis can devastate both the child and the child’s family, as CP is permanent and irreversible.
The treatment often involves supportive therapy to build a child’s speech or motor skills, foster independence, and make the child comfortable—and the costs of such treatments can quickly add up. However, the New York cerebral palsy injury lawyers at Dansker & Aspromonte Associates have successfully represented many people whose children developed CP due to medical negligence.
What is Cerebral Palsy?
Cerebral palsy loosely means brain paralysis and actually refers to a wide range of disorders. CP affects the areas of the brain that control muscle tone and motor activity. The severity of the presenting symptoms of CP varies widely from mild to profound. CP involves difficulty controlling muscles and can also include problems with:
- Bladder and bowel control
- Eating difficulties
- Hearing and vision problems
Cerebral Palsy Has Many Causes
There are many causes for CP. For example, prenatal conditions typically cause CP in full-term infants. However, premature infants face a significantly higher risk of CP because their brain is more susceptible to bleeding while their lungs have not fully developed. As such, the baby is more likely to develop severe respiratory distress, leading to periods of decreased oxygen to the brain.
Other causes of CP include blood clots, poor brain development, genetic disorders, or stroke. In many cases, CP is naturally occurring and unavoidable.
However, this life-altering condition sometimes is caused by a serious omission or series of missteps by medical providers. For example, obstetricians, nurses, midwives, or other providers may fail to provide adequate care for the mother prenatally, during delivery, or while treating a newborn.
For a free legal consultation with a cerebral palsy lawyer serving New York, call (212) 732-2929
Cerebral Palsy Treatment
Treating cerebral palsy is different depending on what type of cerebral palsy a child has. While cerebral palsy is incurable, the goal in every case is to help the person with cerebral palsy live as independent a life as possible. Treatment may involve a combination of the following kinds of physicians, therapists, and specialists:
- Pediatrician or physiatrist
- Pediatric neurologist
- Orthopedic surgeon
- Physical therapist
- Occupational therapist
- Speech-language pathologist
- Developmental therapist
- Recreational therapist
- Psychologist or psychiatrist
- Social worker
- Special education teacher
Medications may also be prescribed to address cerebral palsy symptoms. When medications are insufficient to relieve the tightness of muscles, orthopedic surgery may be required to lengthen the muscles and tendons. Surgery may also be required for individuals with spastic cerebral palsy, as they may also develop bone abnormalities. In extreme cases, severing nerves causing spasms may be recommended.
Treating cerebral palsy can be taxing physically, financially, and emotionally. A person with cerebral palsy could require medical treatment throughout his or her life. You should not have to shoulder this burden alone. If medical negligence was responsible for your child’s cerebral palsy, you are entitled to damages to cover your child’s cerebral palsy treatment.
New York Cerebral Palsy Lawyer Near Me (212) 732-2929
Medical Malpractice and Cerebral Palsy
Treatment for cerebral palsy is expensive. If your child developed CP as a result of medical negligence, we could help. However, to prevail in a medical malpractice action involving a child with CP, the plaintiff must prove that the cause of the CP was negligence on the part of the doctors or hospital staff. To support the case, one or more expert physicians can provide testimony, explaining to a jury in detail exactly what was done wrong and how it caused the tragedy.
Our lawyers will review all of your child’s pertinent medical records. Then, we can enlist highly credentialed medical experts to review the case and provide supportive evidence.
In this way, you can make an informed decision concerning your family’s case and the best way to move forward in order to protect the interests of the child. Our team wants to work to ensure that, for the rest of the child’s life, you can provide for the medical bills and constant care they’ll need. We will seek justice under the law and work to alleviate the economic pressure your family faces.
Other Ways an Attorney from Dansker & Aspromonte Associates Can Help
You shouldn’t have to take on a legal case alone while adjusting to your child’s care needs. Here’s what our attorneys can do for you when you hire us:
- Identify who was liable for the birth injury. We can determine if a doctor, hospital, nurse, or another medical provider caused the injury. Then, we can determine if one or more of these parties is financially responsible for your compensation.
- Collect evidence of negligence. Beyond seeking medical records and testimony from expert witnesses, we can also gather evidence such as witness statements or records of past violations by the provider or hospital.
- Handle settlement negotiations or litigation. You shouldn’t have to deal with insurance adjusters or lawyers at this time. We can stand up for you in the face of a hospital or doctor’s legal team. We don’t shy away from tough cases or the most prominent defendants.
- Navigate New York laws. Many laws may affect your case for compensation—from the state’s statute of limitations deadline to laws specific to birth injury cases. We can explain how these laws may affect your case and ensure that the necessary paperwork is in order.
Our Cerebral Palsy Lawyers Will Deal With the Complications for You
Successfully seeking compensation from a negligent doctor or hospital in New York can take time and effort. Additionally, you may face several roadblocks on the path to justice. At Dansker & Aspromonte Associates, we will handle these challenges for you.
We can stand up for you if the liable party’s representatives claim that:
- A provider’s negligence did not cause your child’s cerebral palsy.
- Your child’s CP treatment will not be as costly as you claim.
- Your child’s CP prognosis is not as severe as you say.
We can also help if the other party attempts to unfairly deny or delay your case.
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Types of Compensation Your Family Could Receive in a Cerebral Palsy Case
Our New York attorneys want to help your family seek all forms of compensation available in your birth injury case to help you address the many challenges you face. When we investigate your case, we can determine your eligibility to seek a recovery for the following damages:
- Pain and suffering: Your child might experience chronic pain due to their CP diagnosis. In addition, your family might face enormous emotional challenges. Your lawyer can put a monetary figure to this intangible, yet real, loss.
- Lost income: If you or your partner had to reduce work hours or quit a job to care for a child with cerebral palsy, you could seek compensation for those income losses.
- Medical bills: As mentioned previously, you could seek compensation to address all your child’s medical needs, including their past, present, and future care, including surgeries, medications, therapies, assistive devices, and more.
We can tell you if you qualify to seek other forms of compensation beyond those mentioned here.
What to Expect During Your Free Case Review
If you call our team for a free consultation, we’ll answer all your questions about your case. In addition, we’ll ask you to tell us more about the basic details of your child’s situation during this call. Then, we’ll evaluate this information, determine if you may have a case for damages, and explain how our firm can help.
You can feel free to ask us more about:
- How our contingency-fee based representation works
- What is involved in pursuing a birth injury case
- How we will stay in touch with you throughout the case
The call comes with no obligation.
Serving the Bronx, Brooklyn, Staten Island, Queens, and the NYC Metro Area
If you believe a doctor’s negligence may be responsible for your child’s cerebral palsy, call Dansker & Aspromonte Associates today. You can also reach us by completing our online contact form. Our lawyers are here to help 24/7.