Cerebral Palsy And Medical Malpractice | New York Medical Malpractice Lawyers

This week we brought you the story of Tiffany Busone, a 25-year-old New York native who suffers from a number of lifelong disabilities caused by cerebral palsy. This week, after two and a half decades of suffering and financial hardship, the young woman won $43 million in damages in a medical malpractice lawsuit concerning her birth injuries. But what is cerebral palsy, and is it always caused by birth injuries?

Cerebral palsy is a motor condition that can affect mobility, sensation, cognition, behavior, and communication. It can also cause epilepsy, musculoskeletal problems, blindness, posture issues, and movement issues. Thirty percent of those suffering from cerebral palsy suffer from mental disabilities while twenty percent of those with cerebral palsy are confined to a wheelchair. One in five cerebral palsy patients suffer from seizures. One in ten cerebral palsy patients is blind.

Although the disease is non-progressive and non-contagious, there is no cure for the condition and those with cerebral palsy may face a lifetime of expensive health care needs, home care, and general support. While the majority of cerebral palsy cases are not caused by negligence, but rather by infections or low birth rate, between five and ten percent of injuries leading to cerebral palsy take place either during the birthing process or shortly after birth. In some of these cases, medical malpractice may have been involved if:

• The baby is left in the birth canal too long, causing a lack of oxygen.
• The doctor does not recommend a c-section for a high-risk birth.
• The umbilical cord is wrapped around the baby’s neck and the doctor does not detect it.
• Forceps or a vacuum extractor are used incorrectly on the infant.
• Seizures in the baby are not detected and treated in the moments after birth.
• Failure to recognize fetal distress.