Can I Take Legal Action for My Child’s Cerebral Palsy?

Cerebral palsy is a neurological disorder currently affecting 764,000 people in the United States and the most common physical disability found among children. This disorder is caused by traumatic injury to an infant’s developing brain, whether before, during, or after birth, and can lead to severe physical disabilities that decrease one’s quality of life. For every thousand live births, between two to three infants have been diagnosed with cerebral palsy. 

Although it can occur naturally, cerebral palsy is more often than not a direct result of medical negligence. When a healthcare professional fails to perform their duties correctly, it is your child who suffers with the consequences of the medical provider’s negligence. The most common medical errors that lead to cerebral palsy are: 

  • Insufficient oxygen while in utero
  • Avoidable birth complications
  • Delayed Cesarean section
  • Improper use of instruments to assist delivery
  • Failure to properly treat infections during the pregnancy or delivery

How Do I Know if I Have a Case?

Living with cerebral palsy can take a toll on your child’s life, causing physical and mental anguish that follows them into adulthood. If your child’s cerebral palsy was caused by a healthcare professional’s negligence, you may be entitled to compensation — see infographic below.

Building a strong case for your cerebral palsy lawsuit requires a wealth of evidence that shows your child’s condition could have been prevented if the medical personnel responsible were more attentive and proactive to the situation at hand. Because the burden of proof rests on the plaintiff, you need an experienced and fierce legal team to help you gather the necessary evidence and fight for you and your child in the courtroom. The medical malpractice lawyers at Scaffidi & Associates are committed to helping you win justice for the pain and suffering your child is experiencing, and their long-term medical and educational needs. 

What is the Statute of Limitations on a Cerebral Palsy Claim?

When you’re reveling in the joy and happiness of welcoming a new life into your family, you may not notice something is wrong with your baby right away. Sometimes, cerebral palsy symptoms can even develop later, in early childhood, or when your child is well into his or her toddler years. Does that mean you lost out on the chance to file a cerebral palsy lawsuit? Not necessarily. 

Every case is different, so you will need to consult with an experienced birth injury lawyer for accurate legal counsel regarding your circumstances. However, the statute of limitations for filing a cerebral palsy claim in New York is usually ten years from your child’s date of birth, although if your child was born in a municipal hospital, there are much shorter filing requirements that must be satisfied. Nonetheless, filing sooner is always the best option. 

Contact a Medical Malpractice Lawyer Today!

Cerebral palsy lawsuits, just like all medical malpractice cases, are taken very seriously at Scaffidi & Associates. As one of New York’s premier law firms, our top medical malpractice attorneys will be by your side every step of the way. Over the years, we have helped our clients recover more than three-quarters of a billion dollars for birth injuries and other medical malpractice and personal injury cases. Schedule a consultation today to get started!

Posted in: Medical Malpractice


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