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Signs of Cerebral Palsy

Upstate New York Lawyers for Cerebral Palsy

Cerebral palsy is a term that refers to a group of disorders that impact movement and muscle tone. In most cases, it is caused by damage to a fetus’ brain that is still developing. Signs and symptoms of cerebral palsy typically show up when a child is in baby or a toddler. The reasons for cerebral palsy and its impact on babies’ lives can vary dramatically. Often it is a lifelong disorder that requires treatments. Sometimes it occurs alongside deafness, blindness, or epilepsy, which may require additional interventions. It can be a birth injury, meaning it is the result of a doctor’s failure to meet the standard of care owed to the mother and baby. If your child shows signs of cerebral palsy and you suspect malpractice before or during labor, or even in the course of trying to get a diagnosis for the condition, you should discuss your situation with the experienced Syracuse birth injury attorneys of DeFrancisco & Falgiatano. Our counsel and representation are aimed at achieving the best available results so that babies and their families can have a good quality of life in spite of a health care provider’s mistake.

Signs of Cerebral Palsy

Signs and symptoms of cerebral palsy tend to appear during infancy or preschool years. In general, cerebral palsy causes impaired movements, but it should be considered as a possible diagnosis when any of certain symptoms are present as well, including developmental delays. Additionally, a baby with limbs that are too rigid or too floppy may be cerebral palsy. Weak limbs can be a sign of cerebral palsy. Fidgety or clumsy movements may be a sign.

Symptoms of cerebral palsy also include:

  • Floppiness
  • Spasticity
  • Reduced range of motion at the joints
  • Exaggerated reflexes
  • Unusual postures
  • Involuntary movements
  • Unsteady walking
  • Difficulty focusing
  • Trouble swallowing
  • Uncontrolled movements
  • Eye muscle imbalance
Attorneys to Establish Liability

There are situations in which a doctor should be held responsible for cerebral palsy. It is crucial to consult a lawyer known for getting some of the best results available when your child has a serious condition like cerebral palsy that could have been prevented. Likewise, it may be the case that your child’s pediatrician failed to spot signs of cerebral palsy and, as a result, a diagnosis was delayed that resulted in a poorer outcome. In either case, it is likely we’ll need to establish elements of medical malpractice to recover damages.

In order to recover damages, we will need to show it’s more likely than not: (1) the defendant owed you and your child a professional standard of care, (2) breach of the professional standard, (3) the breach caused your child’s cerebral palsy, and (4) actual damages sustained as a result of the birth injury.

Breach of the professional standard depends on the particular situation and requires us to present evidence. Your doctor will be held to a professional standard determined by looking at what reasonably competent doctors in the same location and specialty would have done under similar circumstances. For example, if a reasonably prudent obstetrician-gynecologist would have done an emergency C-section rather than risk damage to your baby’s developing brain, but yours failed to do so, we may be able to show breach of the professional standard of care. For another example, if a reasonably competent pediatrician in Syracuse would have noticed signs of cerebral palsy in your baby and the long delay in noticing those signs resulted in further harm to your child, we may be able to show breach.

Actual damages can vary widely. When there are more severe signs and symptoms of cerebral palsy that was avoidable through following the professional standard of care, the damages award may be greater. When there is egregious misconduct by a doctor such as intentional acts that resulted in cerebral palsy, it may be appropriate to pursue punitive damages.

Hire Syracuse Trial Lawyers for Cerebral Palsy Claims

If you are concerned about signs of cerebral palsy in Upstate New York, you should discuss your situation with the seasoned Syracuse birth injury attorneys of DeFrancisco & Falgiatano. We represent babies and their families in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, and Elmira. Fill out our online form or call us at 315-479-9000.

Client Reviews
★★★★★
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
★★★★★
"I cannot express in words what an awesome job Charlie Falgiatano and Jean Marie Westlake did in representing my family in my mother's case at trial. There can never be enough thank-yous." D.L., Cortland, NY
★★★★★
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
★★★★★
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
★★★★★
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY