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New York Birth Injury and Cerebral Palsy Attorneys Representing Families in Rochester
Parents should never have to learn that their child has been diagnosed with a debilitating condition that resulted from a preventable birth injury. Yet birth injuries are more common than you might think, and they frequently occur because an obstetrician or another healthcare provider makes a serious mistake during the pregnancy or during the labor and delivery. If your child was recently diagnosed with cerebral palsy or another type of birth injury, it is critical to seek advice from a Rochester birth injury/cerebral palsy attorney as soon as possible to learn more about filing a claim for financial compensation.
Understanding Birth Injuries and Cerebral Palsy in Rochester
Birth injuries can vary significantly, and generally includes any kind of injury that affects an infant at or around the time of childbirth. There are many different causes of birth injuries according to Stanford Children’s Health. Some causes include:
- Improper use of forceps or vacuum during delivery;
- Trauma during childbirth;
- Oxygen deprivation;
- Untreated infections in the mother during pregnancy;
- Premature childbirth;
- Long labor;
- Mother is overweight;
- Size or shape of the mother’s birth canal makes vaginal birth difficult;
- Problems during a cesarean delivery;
- Particularly large infant; or
- Infant is in a breech position.
In many instances, birth injuries may be caused by medical negligence. Depending upon the timing of the medical error or mistake and the responsible healthcare provider, one or more people or entities may be at fault, such as the mother’s regular obstetrician during the pregnancy, the obstetrician delivering the baby, and the hospital or other facility where the childbirth occurred. Cerebral palsy is one type of birth injury that can result from harm that occurs during the pregnancy or during childbirth.
Get the Facts About Cerebral Palsy in Rochester
What should you know about cerebral palsy (CP) as a type of birth injury? The U.S. Centers for Disease Control and Prevention (CDC) explains that cerebral palsy is “a group of disorders that affect a person’s ability to move and maintain balance and posture.” Currently it is “the most common motor disability in childhood,” and results from “abnormal brain development or damage to the developing brain that affects a person’s ability to control his or her muscles.”
Symptoms of CP can vary depending on the person and the particular type of cerebral palsy. While some cases of cerebral palsy are not the result of medical negligence, many cerebral palsy cases do arise out of birth injuries and medical malpractice.
Types of Cerebral Palsy in Rochester, NY
According to the CDC, there are four primary types of cerebral palsy. These types include:
- Spastic cerebral palsy, which accounts for approximately 80 percent of CP cases and results in stiff and awkward muscles;
- Dyskinetic cerebral palsy, which results in difficulty controlling hands, arms, feet, and legs;
- Ataxic cerebral palsy, which result in difficulties with balance and coordination, and may result in difficult walking or writing; and
- Mixed cerebral palsy, in which patients have characteristics of more than one kind of cerebral palsy (although spastic-dyskinetic cerebral palsy is the most common).
Who is Responsible for Rochester Birth Injuries?
Multiple parties may be responsible for Rochester birth injuries, including cerebral palsy, such as:
- Hospital; or
Statute of Limitations for Filing a Birth Injury Claim in Rochester
Most birth injury claims arising out of a cerebral palsy diagnosis will be filed as medical malpractice lawsuits against the responsible healthcare provider. In Rochester, most medical malpractice lawsuits have a distinct statute of limitations that is different from other types of personal injury lawsuit. Under New York law, most medical malpractice cases must be filed within two years and six months from the date of the “act, omission or failure” that gave rise to the birth injury.
In addition, some statute of limitations in New York have been affected by the tolling provisions of the COVID-19 emergency executive orders.
Contact Our Rochester Birth Injury and Cerebral Palsy Lawyers Today
If your baby was diagnosed with cerebral palsy or another potential birth injury, it is critical to seek advice from an experienced Rochester birth injury attorney. At Powers & Santola, LLP, we are committed to serving families in Western New York with birth injury and cerebral palsy claims, and we can speak with you today about your options for seeking financial compensation. With cerebral palsy and other birth injuries, your child may require substantial and costly medical care, and we want to make sure you obtain the compensation you need. Contact Powers & Santola, LLP today for more information about filing a claim.
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