Spastic Cerebral Palsy
There are different kinds of cerebral palsy. The effects associated with a particular kind of cerebral palsy are based on the area of the brain that’s been damaged and what function is controlled by that part of the brain. Spastic cerebral palsy involves damage to the motor cortex before or during a baby’s delivery. It may result in muscle stiffness in a limb or one side of the body. It may make ordinary actions such as walking or picking up little objects more difficult. Spastic cerebral palsy is the most common form of cerebral palsy. If your baby was born with spastic cerebral palsy in Syracuse, and you suspect it was the result of medical malpractice, you should talk to our experienced Syracuse cerebral palsy attorneys.Spastic Cerebral Palsy
Spastic cerebral palsy is caused by damage to the motor cortex, which is located in the cerebral cortex, as well as the pyramidal tracts that link the motor cortex to the spine. The motor cortex is made up of various parts that relay signals to other parts of the brain in order to direct movement. It regulates voluntary movement; spastic cerebral palsy makes it difficult to control movement. The pyramidal tracts relay messages between the nerves and the cerebral cortex; if the pyramidal tracts are damaged, movement, touch and sight can be impacted.Liability
While a baby is developing, his or her motor cortex and pyramidal tracts can be damaged by brain trauma, infection transmitted from the mother, lack of oxygen, an oxygen-depriving birth injury, or a prenatal brain hemorrhage. To succeed on a medical malpractice claim, your lawyer will need to establish each of the following is more likely than not: (1) you and your baby were owed a professional standard of care by the defendant, (2) the defendant departed from the professional standard of care, (3) causation and (4) damages.
The professional standard of care depends on what a reasonably prudent health care provider would have done in the same or similar circumstances. New York follows the locality rule. This means you will need to show that the defendant health care provider’s conduct fell below the professional standard of care for those in her specialty in the same location, in or around Syracuse. If, for example, a reasonably prudent Syracuse obstetrician gynecologist would have performed a C-section, but yours did not, and as a result your baby suffered spastic cerebral palsy, you may have a claim for medical malpractice.
Your lawyer will need to consult a licensed physician even before filing a claim. With any New York medical malpractice complaint, a lawyer needs to file a certificate of merit that attests to a consultation and, on that basis, believes your case is meritorious.Damages
Cerebral palsy is a lifelong developmental disorder that needs long term care and treatment. A child with spastic cerebral palsy may need significant additional support, not only in childhood but over the course of his or her life. This support may be quite expensive. Many families do not have the kind of savings and income required to fully handle the costs of care. Through a medical malpractice lawsuit, you may be able to recover for both the economic and noneconomic losses occasioned by spastic cerebral palsy. Economic losses may include medical expenses, rehabilitation costs, therapy, modification to an automobile, special shoes or clothes, mobility aids or other devices, and personal care attendants. Often, a child sustains a loss of earning potential as a result of cerebral palsy; this may be quantified and recovered. You and your child can also recover noneconomic or intangible losses.Retain a Seasoned Syracuse Attorney
If your baby developed spastic cerebral palsy as a result of medical malpractice in Syracuse, you should talk to the seasoned lawyers of DeFrancisco & Falgiatano. Our firm represents people throughout Upstate New York including cities such as Rochester, Syracuse, Lowville, Watertown, Auburn, Oswego, Ithaca, Canandaigua, Lyons, Oneida, Cooperstown, Elmira, Wampsville, Herkimer, Binghamton, and Utica. Call DeFrancisco & Falgiatano at 315-479-9000 or via our online form.