New York Cerebral Palsy Lawyer

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What Is Cerebral Palsy?
Cerebral Palsy is a disorder that deteriorates muscle tone, muscle coordination, and movement. It is a congenital disorder, beginning before or during birth. Young children diagnosed with the disorder have had damage to the brain while still in the womb or complications during childbirth that cause the damage. Typically, the condition exists before or just after birth, but some cases are diagnosed in the first three years of a child's life.

There are three types of cerebral palsy, all with specific characteristics. The first, spastic cerebral palsy, is when the child is unable to move muscles without difficulty. The second type is called athetoid cerebral palsy. It is easily diagnosed by the child's uncontrolled, involuntary movements. Lastly, ataxic cerebral palsy involves a lack of depth perception and balance. All forms of the disorder are highly associated with other cognitive impairments and disabilities. Many individuals, for example, develop seizures later on in life, and most experience vision problems.

Treatment Options

Adaptive equipment- Most children diagnosed with CP have physical disabilities that prohibit them from walking and standing. Therefore, wheelchairs are commonly used by children with CP to overcome these limitations. Children with CP also suffer from speech impairments. Speech therapists use communication devices to assist with these difficulties.
Drug therapy- Although most individuals with CP can live healthy lives, frequent seizures pose threats to one's safety because it is unclear when and where they will occur. Medications are often provided so help control these outbursts.
Surgery- Spastic CP is a form of the disorder in which the individual experiences involuntary, uncontrolled movements of the limbs. In extreme cases, individual may need surgery to define muscles, preventing injuries in the future.
Physical and Occupational Therapy- Once a child is diagnosed with this disorder, your physician can help you arrange therapies that you child receives. A regular routine for these session is arranged.

Medical Malpractice?
Not only does your child suffer with a debilitating condition, but the costs of treatments needed to secure your child's life are financially and emotionally draining. People are beginning to file lawsuits against those responsible for negligence.

A doctor can be held accountable if procedures rendered are atypical of common practice. For example, if physical exams are conducted during prenatal visits that do not meet with the hospital's standards, the doctor can be held accountable for medical malpractice. Expert testimonial is required when building case from this particular angle.

It is common medical practice to enforce implied consent regulations. In efforts to avoid written paperwork, a doctor is required to explain all procedures, exams, and possible consequences prior to conducting them. A patient's silence, body language, or signs of approval allow doctors to assume that the patient has consented without the need for written permission. However, if the doctor neglects to inform the patient of these processes, he or she has not allowed the patient an opportunity to object, and this is consider medical malpractice and is likely to appear as evidence in court.

New York statute of limitations laws state that medical malpractice claims related to birth injuries must be conducted within three years of the incident. These time restraints can be extended if the injury was not discovered until later in life. Nevertheless, such limitations are in place to protect the legal rights of hospital physicians. However, these regulations make it more difficult to win your case. You must be prompt when lodging complaints, making sure to maintain an accurate paper trail of all exams, medical procedures, appointments, medications, and any other medical records deemed significant.

It can be difficult, if not impossible, to find the support needed to raise a child with this condition. Moreover, you need the funds to be able to keep your child alive. It is imperative to contact a birth injury attorney if you feel you have suffered as a result of medical malpractice. Your chosen attorney can locate investigators, conduct background checks, and decide if a feasible claim can be made. More importantly, you can receive compensation for the emotional adversity you and your child face. The earlier you find a New York attorney, the better chances you have of winning your case.


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