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Cerebral Palsy Lawyer Albany, NY
Are you worried about your child’s birth injury and looking for an experienced cerebral palsy lawyer in Albany, New York, who can provide real answers? At Bailey, Johnson & Peck, P.C., our birth injury attorneys will support you in filing a medical malpractice lawsuit if negligent medical professionals contributed to your child’s cerebral palsy diagnosis. We believe families affected by preventable birth injuries deserve justice, which is why our legal team works tirelessly to hold negligent doctors accountable for the harm caused. Our experienced cerebral palsy attorneys in Albany have a proven track record of handling medical malpractice cases, including cerebral palsy litigation.
If your child suffered a birth injury that led to an official cerebral palsy diagnosis, let our Albany cerebral palsy lawyers help you seek justice and financial compensation. By pursuing a birth injury lawsuit, our legal professionals can recover damages for ongoing medical care.
Our birth injury lawyers handle cerebral palsy cases on a contingency-fee-basis. This means families affected by negligence in their child’s treatment don’t owe any legal fees unless our legal team secures fair financial support.
Call 518-456-0082 or reach out online to schedule a free consultation with an experienced cerebral palsy lawyer in Albany, NY.
What is Cerebral Palsy?
Cerebral palsy is a condition that affects movement, coordination, and muscle control due to the infant’s brain damage or abnormal brain development, often caused by oxygen deprivation or other complications during childbirth.
A child’s injuries can significantly impact their to perform everyday activities, requiring extensive medical care and financial support. In many cases, the child’s cerebral palsy results indirectly from medical negligence, such as when negligent doctors delay responses to fetal distress or medical errors during delivery.
Families facing this challenging diagnosis can turn to a skilled brain injury lawyer in Albany, New York, for help. Our legal team is experienced in handling cerebral palsy cases, Erb’s palsy cases, and other medical malpractice cases. An experienced cerebral palsy attorney in Albany can assist you in seeking compensation to cover medical expenses, therapy, and other needs.
If you believe your child’s diagnosis was caused by negligent medical professionals, contact a cerebral palsy lawyer in Albany, NY, for a free consultation.
What Causes Cerebral Palsy?
Brain injuries that occur before, during, or shortly after birth can cause cerebral palsy. The infant’s brain damage affects the child’s ability to control muscles and movements properly. Medical malpractice during pregnancy or labor and delivery can contribute to this condition.
For example, if a baby suffers oxygen deprivation during birth or if medical professionals delay in addressing complications like fetal distress, it can lead to serious brain injuries. Similarly, improper use of delivery tools or mismanaging a premature birth can also harm the baby’s developing brain.
If you believe your child’s cerebral palsy resulted from a medical professional’s negligence, an Albany cerebral palsy lawyer can help you seek financial compensation for your child’s injuries and ongoing medical expenses under New York’s medical malpractice laws.
What Causes Cerebral Palsy During Pregnancy?
When the fetus’s developing brain is harmed during pregnancy, the baby could be born with cerebral palsy. Maternal health issues like untreated infections, high blood pressure, or diabetes can interrupt normal brain growth and cause brain damage in the infant.
When health care providers overlook these complications or fail to follow proper medical procedures, this could result in the child’s condition. For instance, an undetected infection in the mother can spread to the baby and cause abnormal brain development, or poorly managed high blood pressure can reduce the baby’s oxygen supply, resulting in brain damage.
These oversights are forms of medical negligence, and they can lead to brain damage that causes cerebral palsy, significantly affecting the child’s future.
Contact our Albany cerebral palsy lawyers for a free consultation to discuss your medical malpractice case.
How Do I Know If My Child’s Cerebral Palsy Was From a Preventable Birth Injury?
When your child has an official cerebral palsy diagnosis, you may wonder if a birth injury caused it. In many cases, cerebral palsy results from medical malpractice during pregnancy or labor and delivery, such as delayed responses to complications or improper medical care.
To determine if your child’s disability was preventable, an experienced cerebral palsy lawyer in Albany, NY, can review medical records and investigate whether medical negligence played a role.
We work closely with medical experts to uncover evidence of errors or oversights and help families pursue financial compensation to cover medical treatment, therapy, and other costs.
We believe that all families affected by medical malpractice cases have the right to seek legal recourse, and our Albany cerebral palsy lawyer team works tirelessly to hold the responsible parties accountable.
When to Hire an Albany Cerebral Palsy Birth Injury Lawyer
If you suspect that medical malpractice contributed to your child’s diagnosis, it’s essential to hire a cerebral palsy lawyer in Albany, New York, as soon as possible. Taking legal action on your child’s behalf can be intimidating, and having a qualified attorney with a strong understanding of New York medical malpractice laws is crucial.
A skilled Albany cerebral palsy lawyer from Bailey, Johnson, & Peck can guide you through the legal process, helping to determine if medical negligence occurred and what compensation might be due for your child’s care and future needs. Our legal professionals are equipped to handle the details of cerebral palsy litigation to ensure your family receives the financial support and justice you deserve.
Types of Cerebral Palsy Birth Injury Claims in Albany, NY
It’s important to understand the types of cerebral palsy, as each one can result from different birth-related malpractice. At BJP, our skilled birth injury attorneys are well-acquainted with all forms of cerebral palsy, including spastic, athetoid, and ataxic cerebral palsy.
Our Albany cerebral palsy lawyer team is dedicated to investigating each medical malpractice case thoroughly. We look into the specifics of your child’s birth injury, identifying any mistakes made during delivery or prenatal care—such as failure to monitor the baby’s vital signs, misuse of delivery tools, or not responding quickly to signs of fetal distress. Knowing exactly how your child’s cerebral palsy was caused helps us build a strong case.
We help to gather all relevant medical records, get opinions from medical experts, and put together a strong legal claim on your child’s behalf. The goal of our cerebral palsy lawyers in Albany is to ensure negligent healthcare providers are held accountable and that your family receives the compensation needed for your child’s medical and ongoing care needs.
Spastic Cerebral Palsy Birth Injury Cases
According to the U.S. Centers for Disease Control and Prevention (CDC), spastic cerebral palsy is the most common type of cerebral palsy.
This condition is characterized by increased muscle tone, meaning muscles are stiff, and movements are sporadic. In many medical malpractice cases, spastic cerebral palsy results from brain damage in the motor cortex caused by a lack of oxygen during birth or other delivery-related complications.
Families pursuing a medical malpractice lawsuit for this diagnosis need an experienced cerebral palsy lawyer in Albany, NY, who understands the medical and legal distinctions of these cerebral palsy cases to effectively advocate for the necessary recompense for lifelong care.
Ataxic Cerebral Palsy Birth Injury Cases
Ataxic cerebral palsy is less common and involves a loss of muscle coordination, affecting a child’s balance and depth perception.
This form of cerebral palsy is linked to brain damage in the cerebellum, which can occur if there are medical errors during labor and delivery. These errors can include failing to monitor the fetus, delaying a necessary C-section, or improperly using delivery tools like forceps or vacuum extractors.
Our Albany cerebral palsy attorneys work diligently to uncover any signs of negligence. We investigate whether doctors delayed important interventions, misused delivery tools, or overlooked complications leading to cerebellum damage.
By building a strong medical malpractice case, our birth injury lawyers seek financial compensation for ongoing therapy, assistive devices, and long-term care needs.
Athetoid Cerebral Palsy Birth Injury Cases
Medical malpractice before, during, or shortly after birth can play a significant role in causing athetoid cerebral palsy. This condition affects the basal ganglia part of the brain and is characterized by uncontrolled movements.
Athetoid cerebral palsy can result from brain damage caused by untreated maternal infections during pregnancy, failure to address signs of fetal distress, or the use of unnecessary force during delivery.
An experienced cerebral palsy lawyer in Albany, New York, will thoroughly investigate your case and work tirelessly to prove that medical negligence occurred. We aim to hold negligent medical professionals accountable and seek justice for your child’s injuries. In cerebral palsy cases like these, having strong legal support can make all the difference.
How an Albany Cerebral Palsy Medical Malpractice Lawyer Can Help
If your child has been diagnosed with cerebral palsy due to a preventable birth injury, you may feel overwhelmed by mounting medical bills and therapy costs. A medical malpractice lawyer in Albany, NY, can guide you through the legal steps needed to seek compensation for your child’s care.
Below, we’ll discuss how our birth injury attorneys can help you through each step of cerebral palsy litigation, from filing a cerebral palsy lawsuit to negotiating a fair settlement for your family.
File Cerebral Palsy Lawsuits in Albany
Filing a cerebral palsy lawsuit for a birth injury case in New York involves several key steps, including collecting and reviewing extensive medical records, consulting with medical experts, and preparing the necessary legal documents, including a Certificate of Merit.
According to New York medical malpractice laws, your cerebral palsy lawyer must submit a Certificate of Merit to file a claim. It is a document that confirms a qualified medical expert has reviewed your cerebral palsy case and believes there is a valid basis for your claim, indicating that the healthcare provider may have deviated from the accepted standard of care.
The Albany cerebral palsy lawyer team from BJP will collaborate with experts and other legal professionals to pinpoint any medical errors that happened during pregnancy or labor and delivery, such as a failure to diagnose maternal health conditions, delayed intervention for fetal distress, or misuse of delivery tools.
From there, our cerebral palsy attorneys in Albany draft and file the lawsuit, outlining how medical malpractice contributed to your child’s birth injury.
Settlement Negotiations With Hospital Insurance Companies
Once a cerebral palsy lawsuit is filed, it’s common for the hospital’s insurance company to offer a settlement to resolve the matter outside of court. Negotiating cerebral palsy settlements can be complicated and stressful, especially when your main focus is caring for a child with special needs. You may find yourself facing skilled negotiators who are experienced in minimizing the insurance company’s payout, which can be intimidating.
Our cerebral palsy attorneys in Albany, New York, manage these negotiations on your behalf. We have extensive experience dealing with large insurance companies and understand the tactics they use. Our experienced legal professionals will handle all communications with the insurance representatives, thoroughly presenting the evidence of medical malpractice that led to your child’s condition. We will also detail how your family’s finances have been affected, from immediate medical costs to long-term expenses.
The primary goal of your Albany cerebral palsy lawyer during negotiations is to secure a fair settlement that adequately compensates your family for both present and future expenses related to your child’s cerebral palsy diagnosis. This includes ongoing medical treatments, specialized equipment, and any necessary modifications to your home, as well as compensation for any potential loss of future earning capacity for your child.
By taking on the burden of these negotiations, our birth injury lawyers allow you to focus on what’s most important—your child’s health and progress. With our experience and proficiency, you can rest assured that our cerebral lawyer team will advocate for the best possible outcome for your family.
Birth Injury Statute of Limitations New York
In New York, the statute of limitations for medical malpractice cases typically gives patients 2 years and 6 months from the discovery of the injury to take legal action. However, when it comes to birth injuries, there’s an exception known as the “infancy toll.”
Under New York Civil Practice Law & Rules Section 208, the “infancy toll” extends the timeframe, allowing parents or legal guardians up to 10 years from the date that medical malpractice occurred to file a claim on the child’s behalf. This means a claim must be filed before the child’s 10th birthday.
It’s important to hire an experienced cerebral palsy lawyer in Albany, NY, as soon as you suspect a preventable birth injury has occurred. Our team will evaluate your cerebral palsy case, gather evidence, and ensure all legal paperwork is filed properly and on time.
Missing the deadline could mean losing the opportunity to seek restitution for your child’s medical care and future needs. With the help of our Albany cerebral palsy attorneys, you can take the necessary steps to hold negligent medical professionals accountable.
Compensation for Cerebral Palsy Birth Injuries in Albany, New York
If your child has cerebral palsy caused by medical malpractice during birth, you have the right to pursue financial compensation to help with the costs of their care.
This money can help pay for medical bills, therapy, special equipment, and changes to your home to make it more accessible for your child. It can also cover future earnings they might miss out on because of their condition. Additionally, you could receive funds for the emotional and physical hardships your child experiences.
An experienced cerebral palsy lawyer in Albany, New York, can guide you through the legal process of claiming these funds, ensuring you have the necessary support for your child’s health and future.
File a Cerebral Palsy Lawsuit in Albany, New York
Filing a cerebral palsy lawsuit goes beyond financial compensation; it is a powerful step toward achieving justice for your child.
By taking legal action, you hold negligent medical professionals accountable for their actions, ensuring they face consequences for the medical mistakes that led to your child’s condition. This accountability is important not just for your case but also to promote safer medical practices to prevent similar incidents in the future.
Pursuing a cerebral palsy lawsuit can also provide your family with emotional closure. Knowing that you have done everything within your power to stand up for your child’s rights and well-being can bring a sense of peace and resolution. It confirms that despite the challenges faced, your family has actively sought justice and contributed to broader changes in healthcare standards.
Albany Cerebral Palsy Attorney
At Bailey, Johnson & Peck, our cerebral palsy attorneys in Albany, NY, are dedicated to helping families who have been affected by birth injuries caused by medical malpractice. We understand the enormous challenges that come with a child’s birth injury and the lasting impact of a cerebral palsy diagnosis.
Our team has helped many other families by proving medical negligence and fighting for the financial compensation they need to support their child’s care and future. With our experience and compassion, our cerebral palsy lawyers will stand by your side, ensuring your family has the resources to provide the best possible care for your child.
Don’t wait to take legal action- call 518-456-0082 or contact us online to schedule a free consultation with a personal injury attorney in Albany, NY, today.
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We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.