child cerebral palsy medical mal nyc

Cerebral palsy is a complex neurological condition that can have a devastating impact on a child's life and their family. In many cases, it may be linked to medical malpractice during pregnancy, childbirth, or the neonatal period.

Determining if your child's cerebral palsy resulted from medical negligence can be challenging. If you suspect medical malpractice contributed to your child's cerebral palsy, contact Rosenberg, Minc, Falkoff & Wolff, LLP for a compassionate and comprehensive initial consultation at no cost. Your child's well-being is our priority, and our cerebral palsy attorneys New York will do what it takes to achieve the justice and compensation your child deserves.

Types of Medical Negligence That May Have Contributed to Your Child's Cerebral Palsy at a New York Hospital

Cerebral palsy, a group of motor function disorders, can occur due to medical malpractice, raising concerns about the quality of care provided at New York hospitals. You may pursue a cerebral palsy birth injury lawsuit in New York City for the following types of negligence:

Delayed Diagnosis and Treatment

Cerebral palsy is often linked to factors that occur during pregnancy, childbirth, or shortly after delivery. In some cases, timely intervention and treatment can mitigate the severity of the condition or prevent it altogether. However, when healthcare providers fail to diagnose conditions promptly or administer appropriate treatments in a timely manner, the risk of cerebral palsy increases.

Consequences of Delayed Diagnosis and Treatment

  • Missed Opportunities for Early Intervention: Early diagnosis and intervention are crucial in addressing conditions that may lead to cerebral palsy. When healthcare providers fail to recognize developmental issues or neurological abnormalities promptly, the window for effective intervention narrows, potentially leading to more severe outcomes.
  • Exacerbation of Underlying Conditions: Delayed treatment can worsen underlying medical conditions. For instance, failure to address infections during pregnancy, fetal distress during labor, or complications during delivery can contribute to brain damage, a key factor in the development of cerebral palsy.
  • Long-Term Impact on the Child: Children with cerebral palsy often require extensive medical care, therapy, and support throughout their lives. Delayed diagnosis and treatment may result in more severe forms of the condition, requiring increased resources and potentially affecting the child's overall quality of life.

Mismanagement of Labor and Delivery

The mismanagement of labor and delivery involves medical errors or negligence during the childbirth process. A New York cerebral palsy lawyer can identify several factors that may have contributed to such mismanagement, including:

Failure to Monitor Fetal Distress

  • Inadequate monitoring of the fetal heart rate is a common cause of complications during labor.
  • Failure to identify signs of fetal distress, such as an irregular heart rate, can lead to oxygen deprivation, a significant risk factor for cerebral palsy.

Delay in Emergency Interventions

  • Timely intervention during complications, such as umbilical cord prolapse or placental abruption, is crucial.
  • Delays in performing emergency cesarean sections or addressing other complications can result in brain damage and cerebral palsy.

Inadequate Communication Among Medical Staff

  • Poor communication among medical professionals attending the delivery can lead to errors.
  • Misinterpretation of medical records or failure to relay critical information may contribute to mismanagement.

Medication Errors during Pregnancy and Childbirth

Medication errors during pregnancy or childbirth can have profound consequences for newborns, including an increased risk of cerebral palsy. Some medications may interfere with the developing fetal brain, leading to neurological damage and subsequent motor and cognitive impairments associated with cerebral palsy. An experienced cerebral palsy lawyer New York will identify and prove the following types of medication errors in these cases:

  • Prescription Errors: Inaccurate prescription of medications, including incorrect dosage or inappropriate medications during pregnancy, can adversely affect fetal development.
  • Administration Mistakes: Errors in administering medications during labor and delivery, such as incorrect dosages or improper timing, may lead to complications that impact the newborn's brain function.
  • Failure to Recognize Drug Interactions: Neglecting to identify potential interactions between medications given during pregnancy or labor can result in adverse effects on the developing fetus.
  • Lack of Informed Consent: Failure to inform expectant mothers about potential risks and side effects of medications can contribute to inadequate decision-making regarding their use during pregnancy.

Inadequate Neonatal Care

Inadequate neonatal care is recognized as a potential precursor, often resulting in complications that lead to brain damage and subsequent cerebral palsy. New York cerebral palsy law firms will focus on establishing the following types of medical negligence in these cases:

  • Failure to Monitor and Respond to Oxygen Levels: Inadequate monitoring of a newborn's oxygen levels and delayed or insufficient response to respiratory distress can result in oxygen deprivation, a significant risk factor for cerebral palsy.
  • Failure to Address Birth Trauma Promptly: Traumatic births, such as the improper use of forceps or vacuum extraction, can lead to injuries that, if not promptly addressed, may result in brain damage and cerebral palsy.
  • Inadequate Treatment of Neonatal Infections: Failing to promptly diagnose and treat infections in newborns can lead to serious complications affecting the brain and increasing the risk of cerebral palsy.
  • Neglecting Hypoglycemia Management: Inadequate management of neonatal hypoglycemia, which can lead to seizures and brain damage, is a potential contributor to cerebral palsy.

Types of Evidence a Medical Malpractice Attorney in NYC will Obtain to Prove HIE (which Resulted in Cerebral Palsy)

Proving a case of Hypoxic-Ischemic Encephalopathy (HIE) due to medical negligence that eventually led to cerebral palsy requires a thorough collection of evidence. A skilled medical malpractice attorney in New York City will gather a variety of evidence to build a strong case.

  • Medical Records: Detailed examination of the baby's medical records, including prenatal, labor, delivery, and postnatal records as well as analysis of fetal heart rate monitoring, which can indicate signs of distress during labor.
  • Expert Medical Opinions: Testimony and reports from medical experts specializing in neonatology, obstetrics, and pediatric neurology to establish the standard of care and deviations leading to HIE.
  • Witness Statements: Statements from nurses, doctors, and other healthcare professionals who were present during labor and delivery, providing insights into the events and potential negligence.
  • Neonatal and Pediatric Neurology Assessments: Comprehensive assessments by specialists in neonatal and pediatric neurology to determine the extent of the baby's injuries, link them to HIE, and establish the prognosis for cerebral palsy.
  • Imaging Studies: Brain imaging studies such as MRIs or CT scans to visualize any abnormalities or damage to the brain associated with HIE.
  • Fetal Monitoring Strips: Examination of fetal heart rate monitoring strips to identify any patterns indicating fetal distress during labor.
  • Laboratory Test Results: Analysis of blood tests, cord blood gas analysis, or other laboratory results that may indicate oxygen deprivation or metabolic acidosis.
  • Communication Records: Examination of communication records, including emails and other correspondence, between healthcare professionals involved in the care of the mother and baby.
  • Hospital Policies and Protocols: Review of hospital policies and protocols to determine if the medical staff followed established guidelines or if there were deviations leading to negligence.
  • Expert Testimonies on Causation: Expert opinions on causation, establishing a direct link between the medical negligence, HIE, and the subsequent development of cerebral palsy.
  • Life Care Plans: Life care plans outlining the estimated costs of medical care, therapy, assistive devices, and other necessities required for the child's future due to cerebral palsy.
  • Parental Testimonies: Statements from parents regarding the events leading up to and during labor, as well as the impact of the child's condition on their lives.
  • Evaluation of Economic and Non-Economic Damages: Calculations of economic damages, including medical expenses and future care costs, as well as non-economic damages for pain and suffering.

Collecting this diverse range of evidence is vital for building a compelling case. A New York City medical malpractice lawyer will work with relevant experts, analyze records, and consult witnesses to establish a clear connection between medical negligence, HIE, and the subsequent development of cerebral palsy in order to pursue a successful legal claim.

How Negligence in Fetal Heart Rate Monitoring May Cause HIE Leading to Cerebral Palsy

How Negligence in Fetal Heart Rate Monitoring Occurs

Inadequate Monitoring: Negligence may occur if healthcare providers fail to consistently and accurately monitor the fetal heart rate during labor. Continuous monitoring is crucial to detect signs of distress promptly.

Failure to Recognize Abnormal Patterns: Medical professionals must be trained to recognize abnormal fetal heart rate patterns that indicate fetal distress. Failure to identify and respond to these patterns promptly can lead to oxygen deprivation.

Delay in Intervention: When abnormal fetal heart rate patterns are detected, there must be timely intervention to address the underlying issues. Delays in taking appropriate action, such as performing a cesarean section, can contribute to HIE.

Misinterpretation of Monitoring Strips: In some cases, healthcare providers may misinterpret fetal heart rate monitoring strips, leading to a failure to recognize distress. Misinterpretation can occur due to lack of training or negligence.

Lack of Communication Among Healthcare Providers: Poor communication among members of the healthcare team can result in delays or lapses in responding to abnormal fetal heart rate patterns.

How an Attorney Will Prove Negligence

Medical Expert Testimony: An experienced medical malpractice attorney will consult with expert witnesses, typically obstetricians or perinatologists, who can review the medical records and provide testimony regarding the standard of care.

Comparison with Established Guidelines: The attorney will compare the actions of the healthcare providers with established guidelines and protocols for fetal heart rate monitoring during labor to identify any deviations from the standard of care.

Analysis of Monitoring Strips: Fetal heart rate monitoring strips will be thoroughly examined by medical experts to identify any patterns indicative of distress and evaluate whether healthcare providers appropriately responded to those patterns.

Review of Training and Credentials: The attorney will investigate the training and credentials of the healthcare providers involved in fetal heart rate monitoring to determine if they had the necessary qualifications and expertise.

Hospital Policies and Protocols: The attorney will examine hospital policies and protocols related to fetal heart rate monitoring to determine if healthcare providers adhered to established guidelines.

Interviews with Witnesses: Statements from witnesses, including nurses or other healthcare professionals present during labor, can provide additional insights into the events leading up to and during fetal heart rate monitoring.

Documentation of Delays: If delays in intervention are suspected, the attorney will seek documentation, communications, and timestamps to establish the timing of responses to abnormal fetal heart rate patterns.

Causation Evidence: The attorney will work with medical experts to establish a direct link between the negligence in fetal heart rate monitoring, the occurrence of HIE, and the subsequent development of cerebral palsy.

By systematically gathering and presenting this evidence, a medical malpractice attorney in NYC aims to demonstrate that the healthcare providers deviated from the standard of care, and their negligence directly led to the adverse outcome of HIE and cerebral palsy in the newborn.

How a Negligent Delay or Failure to Perform a Cesarean Section May Cause Cerebral Palsy

A negligent delay or failure to perform a cesarean section (C-section) can contribute to adverse outcomes, including cerebral palsy. A C-section is a surgical procedure that involves delivering a baby through an incision in the mother's abdomen and uterus. When complications arise during labor and vaginal delivery is deemed unsafe, a timely C-section is crucial to prevent potential harm to the baby, including oxygen deprivation and subsequent cerebral palsy.

In the experience of seasoned medical malpractice attorneys in New York City, here's how negligence in performing a C-section may lead to cerebral palsy:

Fetal Distress

Failure to Recognize Fetal Distress

  • Healthcare providers must monitor the baby's well-being during labor. Signs of fetal distress, such as abnormal heart rate patterns, meconium staining, or reduced oxygen levels, require prompt attention.
  • Negligence may occur if healthcare professionals fail to recognize or respond appropriately to these signs.

Delay in Responding to Distress

  • Once fetal distress is identified, a delay in deciding to perform a C-section or in initiating the procedure can lead to prolonged oxygen deprivation, increasing the risk of cerebral palsy.

Umbilical Cord Complications

  • Complications involving the umbilical cord, such as compression or prolapse, can occur during labor and pose a serious threat to the baby's oxygen supply.
  • A negligent delay in performing a C-section when umbilical cord issues are identified can result in oxygen deprivation and subsequent cerebral palsy.

Placental Abruption

Failure to Address Placental Abruption

  • Placental abruption occurs when the placenta detaches from the uterus prematurely, jeopardizing the baby's oxygen supply.
  • A negligent delay in responding to placental abruption by performing a timely C-section can lead to oxygen deprivation and cerebral palsy.

Prolonged Labor

Failure to Address Prolonged Labor

  • Prolonged labor increases the risk of complications for both the mother and the baby.
  • Negligence may occur if healthcare providers fail to recognize signs of prolonged labor or if there is an unjustified delay in deciding to perform a C-section.

Maternal Health Complications

Failure to Address Maternal Health Complications

  • Maternal health issues, such as high blood pressure or placenta previa, may necessitate a C-section to ensure the safety of both the mother and the baby.
  • A negligent delay in addressing these complications can lead to adverse outcomes, including cerebral palsy.

Choose the Leading New York Cerebral Palsy Law Firm to Pursue Damages for Medical Malpractice

If your child has been diagnosed with cerebral palsy due to potential medical malpractice during childbirth, the experienced attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP are here to help you seek justice. Our firm has a proven track record of successfully representing families affected by birth injuries.

Our team of medical malpractice attorneys, committed to holding negligent healthcare providers accountable, will thoroughly investigate your case, consult with top medical experts, and fight tirelessly for the compensation your family deserves. At RMFW Law, we understand the physical, emotional, and financial challenges you could be facing, and we are dedicated to providing strong legal representation. Call us today at 212-344-1000 to schedule your free consultation or contact us online.


122 East 42nd Street Suite 3800
New York, NY 10168

Tel: 212-LAWYERS

Tel: 212-697-9280



8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only



220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

*By Appointment Only



1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

*By Appointment Only