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  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

Birth Injuries and Cerebral Palsy

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Birth Injuries on Friday, May 10, 2019.

What Is Cerebral Palsy?

Cerebral Palsy is a neurological condition which commonly presents through disordered movement, muscle tone, and posture. It is caused by damage affecting your child’s developing brain before and/or during birth - this is why it is considered a birth injury.

What separates cerebral palsy from other birth injuries is that its effect on functional abilities varies significantly. This means that the medical costs associated with the condition will also vary, and the emotional strain on you and your family will be affected as well. For example, some individuals with cerebral palsy may have an average intellectual capacity whereas other individuals may not.

What Caused Your Child’s Cerebral Palsy?

Like all birth injuries, cerebral palsy may result from natural and unavoidable circumstances. However, instances of medical malpractice and/or medical negligence may also be the cause.

Your child’s cerebral palsy is a result of trauma experienced before and/or during childbirth, and the injuries that result from this trauma are often preventable. Additionally, postpartum injuries can occur due to medical professionals’ negligence and failure to diagnose.

One of the most debilitating outcomes of cerebral palsy are the medical costs involved, which often last a lifetime. The disabilities caused by cerebral palsy cannot be “cured” and will require continued rehabilitation and care in the forms of speech therapy, occupational therapy, physiotherapy, neurological consultations, and more.

These disabilities may include:

  • Movement and coordination difficulties
  • Spastic or flaccid muscle tone and reflexes
  • Tremors or involuntary movements
  • Difficulty walking and moving various body parts
  • Drooling, swallowing, and speech difficulties
  • Fine motor and/or gross motor difficulties
  • Seizures
  • Intellectual disabilities
  • Hearing and/or visual difficulties

Should You File A Medical Malpractice Lawsuit?

Because cerebral palsy is a birth injury that can usually be prevented, it is your right to file a birth injury lawsuit should your child be diagnosed with cerebral palsy. The medical bills associated with cerebral palsy are often extremely high, and the emotional and physical suffering of both you and your child also needs to be accounted for.

A successful medical malpractice lawsuit will hold negligent medical professionals accountable for their actions, as well as ease the financial and emotional burden on you as a parent.

Legal Matters

According to the state laws of NYC, you need to file your medical malpractice allegation in a timely manner to comply with the statute of limitation. It is important that you consult a medical malpractice lawyer to assist you with this, as they have the necessary skills and knowledge to ensure that the process is conducted correctly. Your NYC lawyer will help you prove that:

  1. The medical professionals involved had a professional and legal duty to provide care and treatment to your child.
  2. The medical professionals involved were in breach of this duty by having failed to adhere to the quality standards of care within their professions.
  3. Your child’s cerebral palsy was a result of this breach in duty.
  4. There is damage resulting from your child’s cerebral palsy which the legal system of NYC can provide redress.


If you believe that your child may have cerebral palsy as a result of birth injury after reading this document, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys.

When you are ready to talk, we are ready to listen. Call 1-212-697-9280 for a free, confidential consultation.



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$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.




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