When a child is born with hemiplegic cerebral palsy affecting one side of their body, families face not only medical challenges but also difficult questions about what caused this condition. If medical negligence during pregnancy, labor, or delivery contributed to your child’s brain injury, you may have legal options to pursue compensation in New York.
This guide explains hemiplegic cerebral palsy, how it relates to birth injuries, and what families need to know about pursuing medical malpractice claims in New York State.
Key Point: Hemiplegic cerebral palsy affects approximately 20-30% of all cerebral palsy cases. While some cases occur naturally, others result from preventable medical errors during pregnancy or delivery that deprived the baby’s brain of oxygen.
What Is Hemiplegic Cerebral Palsy?
Hemiplegic cerebral palsy is a neurological condition characterized by muscle stiffness and weakness affecting one side of the body. It falls under the category of spastic cerebral palsy, which represents approximately 80% of all cerebral palsy diagnoses according to Cleveland Clinic.
The condition occurs when damage affects the motor cortex on one side of the brain. Because the brain’s hemispheres control the opposite sides of the body, damage to the left side of the brain affects the right side of the body, and vice versa.
How Hemiplegic CP Differs from Other Types
Cerebral palsy encompasses several subtypes, each affecting different parts of the body:
Hemiplegic CP
Affects one side of the body (arm and leg). The arm is typically more affected than the leg. Represents 20-30% of CP cases.
Diplegic CP
Primarily affects both legs while the arms may have minimal or no involvement. Most common form of spastic CP.
Quadriplegic CP
Affects all four limbs and the torso. Generally the most severe form requiring extensive support.
Dyskinetic/Athetoid CP
Characterized by involuntary movements rather than stiffness. Affects about 10-20% of cases.
Recognizing Symptoms of Hemiplegic Cerebral Palsy
Many parents first notice signs of hemiplegic cerebral palsy when their baby is between 4 and 5 months old, as this is when voluntary hand use typically develops. However, diagnosis often doesn’t occur until 18-24 months when developmental patterns become clearer.
Common Early Warning Signs
Watch for These Indicators:
- One hand remains in a tight fist while the other opens normally
- Baby consistently reaches with only one hand
- One arm or leg appears stiffer than the other
- Delayed rolling, sitting, or crawling milestones
- Asymmetrical movements or posture
Symptoms as Children Grow
As children with hemiplegic cerebral palsy develop, additional symptoms often become apparent:
- Walking abnormalities: Walking on tiptoes, dragging one foot, or developing a noticeable limp
- Limb differences: The affected arm and leg are frequently shorter and thinner than the unaffected side
- Fine motor challenges: Difficulty with gripping, reaching, using utensils, or manipulating small objects
- Delayed walking: Children typically walk later than their peers, often starting around 2-3 years old
- Muscle contractures: Muscles and joints may become increasingly tight without proper therapy
- Speech delays: Some children experience delayed speech development, though intelligence is usually within normal range
Associated Medical Complications
Children with hemiplegic cerebral palsy face increased risk for several secondary conditions:
| Complication | Prevalence | Impact |
|---|---|---|
| Seizures/Epilepsy | 20-40% of cases | Requires medication management and monitoring |
| Scoliosis | Common | May require bracing or surgery if severe |
| Vision problems | 40-50% | Strabismus (crossed eyes) most common |
| Learning disabilities | 30-50% | Despite normal intelligence, processing challenges occur |
| Hip displacement | Varies by severity | Requires orthopedic monitoring and intervention |
| Osteoporosis | Increased risk | Due to reduced weight-bearing on affected side |
Important Note: Hemiplegic cerebral palsy is non-progressive, meaning the brain damage does not worsen over time. However, without appropriate therapy and management, muscles can become tighter and complications may develop.
Medical Causes: When Birth Injuries Lead to Hemiplegic CP
Understanding what caused your child’s hemiplegic cerebral palsy is crucial for determining whether medical negligence played a role. While some cases occur due to unavoidable circumstances, many result from preventable medical errors.
Oxygen Deprivation (Hypoxic-Ischemic Injury)
The most common preventable cause of hemiplegic cerebral palsy is oxygen deprivation to the developing brain. This can occur through several mechanisms:
- Placental abruption: When the placenta separates from the uterine wall before delivery, cutting off the baby’s oxygen supply
- Umbilical cord complications: Cord prolapse, compression, or nuchal cord (wrapped around neck) restricting blood flow
- Prolonged labor: Extended pushing phases or failure to progress causing cumulative oxygen deprivation
- Uterine rupture: Particularly following prior C-sections or with excessive Pitocin use
- Maternal hypotension: Dangerously low blood pressure reducing oxygen delivery to the fetus
Birth Trauma and Physical Injury
Physical trauma during delivery can cause brain bleeding or damage leading to hemiplegic cerebral palsy:
- Forceps or vacuum extraction errors: Excessive force or improper positioning causing intracranial bleeding
- Shoulder dystocia mismanagement: Improper techniques leading to oxygen deprivation or nerve damage
- Difficult breech deliveries: Trauma to the head or neck during vaginal breech birth
- Skull fractures: From excessive pressure or instrumentation during delivery
Infections and Medical Conditions
Untreated or improperly managed infections and medical conditions can damage the developing brain:
- Maternal infections: Group B streptococcus, chorioamnionitis, or TORCH infections (toxoplasmosis, rubella, cytomegalovirus, herpes)
- Neonatal infections: Meningitis or sepsis in newborns that spread to the brain
- Jaundice and kernicterus: Untreated severe jaundice causing bilirubin to reach toxic levels
- Maternal conditions: Uncontrolled diabetes, hypertension, or thyroid disorders affecting fetal development
Premature Birth and Low Birth Weight
Babies born before 28 weeks or weighing less than 3.3 pounds face significantly higher risk of cerebral palsy. Medical negligence may involve:
- Failure to prevent premature labor when risk factors are present
- Not administering corticosteroids to mature the baby’s lungs before premature delivery
- Improper management of premature infants in the NICU
- Failure to monitor for and treat complications like intraventricular hemorrhage
Stroke During Pregnancy or Birth
Perinatal strokes account for a significant number of hemiplegic cerebral palsy cases. These can result from:
- Blood clots traveling to the baby’s brain
- Rupture of blood vessels in the brain
- Clotting disorders that were not diagnosed or monitored
- Placental abnormalities affecting blood flow
Critical Timeframe: Brain damage causing hemiplegic cerebral palsy most commonly occurs within 48 hours before or after birth, though it can also happen during pregnancy. The timing of the injury is crucial for establishing medical negligence claims.
When Medical Negligence Causes Hemiplegic Cerebral Palsy
Not all cases of hemiplegic cerebral palsy constitute medical malpractice. However, when healthcare providers fail to meet accepted standards of care, resulting in preventable brain injury, families may have grounds for legal action.
Examples of Medical Negligence
Medical malpractice claims involving hemiplegic cerebral palsy often center on these failures:
Monitoring Failures
- Not properly monitoring fetal heart rate patterns
- Ignoring signs of fetal distress (late decelerations, decreased variability)
- Failure to recognize umbilical cord compression
- Inadequate assessment of labor progress
Delayed Interventions
- Failing to perform timely emergency C-section
- Delaying response to placental abruption
- Not acting on signs of uterine rupture
- Postponing necessary interventions for maternal complications
Medication Errors
- Excessive or prolonged Pitocin administration
- Improper use of labor-inducing drugs
- Failure to administer infection-preventing antibiotics
- Medication errors affecting fetal oxygenation
Diagnostic Failures
- Missing maternal infections requiring treatment
- Not diagnosing placental insufficiency
- Failure to detect fetal growth restriction
- Overlooking maternal conditions affecting fetal development
The “Standard of Care” Requirement
To succeed in a medical malpractice claim, your attorney must prove that healthcare providers breached the “standard of care” – the level of care that a reasonably competent healthcare provider would have provided under similar circumstances.
This typically requires expert testimony from medical professionals who can explain:
- What the accepted standard of care was for your situation
- How the defendant’s actions fell below that standard
- How the breach directly caused your child’s brain injury
- Why the injury was preventable with proper care
Expert Testimony Is Essential: New York law requires qualified medical experts to support medical malpractice claims. Your attorney will work with obstetricians, neurologists, and other specialists who can review your medical records and provide credible testimony.
Diagnosing Hemiplegic Cerebral Palsy
Accurate diagnosis involves multiple assessments over time, as healthcare providers typically wait until developmental patterns are clear before making a definitive cerebral palsy diagnosis.
Diagnostic Timeline
| Age Range | Typical Assessment | What Providers Look For |
|---|---|---|
| 0-6 months | Initial observations | Abnormal muscle tone, asymmetrical movements, delayed milestones |
| 6-12 months | Developmental monitoring | Hand preference before 18 months, rolling/sitting delays, abnormal reflexes |
| 12-18 months | Comprehensive evaluation | Walking patterns, fine motor skills, persistent asymmetry |
| 18-24 months | Official diagnosis | Clear motor impairment patterns, completion of brain imaging, developmental testing |
Diagnostic Tests and Assessments
Healthcare providers use various tools to diagnose hemiplegic cerebral palsy and rule out other conditions:
- MRI (Magnetic Resonance Imaging): Most informative imaging test showing brain structure abnormalities, areas of damage, or malformations
- CT Scan (Computed Tomography): May be used in emergencies or when MRI is not available
- Cranial Ultrasound: Often used in premature infants to detect brain bleeding
- EEG (Electroencephalogram): Tests for seizure activity, common in children with CP
- Developmental assessments: Standardized tests measuring motor skills, cognition, and adaptive behaviors
- Genetic testing: Rules out genetic conditions that may mimic cerebral palsy
- Metabolic testing: Excludes metabolic disorders affecting brain development
Why Early Diagnosis Matters
While cerebral palsy itself cannot be cured, early diagnosis and intervention significantly improve outcomes:
- Neuroplasticity advantage: Young brains adapt more readily to therapy
- Preventing secondary complications: Early therapy reduces contractures and deformities
- Developmental support: Interventions help children reach maximum potential
- Family planning: Allows families to access services and make informed decisions
- Legal considerations: Early diagnosis documentation is crucial for medical malpractice claims
Treatment and Management of Hemiplegic Cerebral Palsy
While there is no cure for hemiplegic cerebral palsy, comprehensive treatment significantly improves function, independence, and quality of life. The estimated lifetime cost to care for someone with cerebral palsy exceeds $1.6 million according to the CDC, making compensation in medical malpractice cases crucial for families.
Physical and Occupational Therapy
Therapy forms the foundation of hemiplegic cerebral palsy treatment:
- Constraint-induced movement therapy (CIMT): Restraining the stronger arm to encourage use of the affected side
- Strengthening exercises: Building muscle power in the affected limbs
- Stretching and range-of-motion: Preventing contractures and maintaining flexibility
- Balance and coordination training: Improving overall movement quality
- Fine motor skill development: Practicing activities requiring hand dexterity
- Adaptive strategies: Learning compensatory techniques for daily activities
Medications
Various medications help manage symptoms associated with hemiplegic cerebral palsy:
- Muscle relaxants: Oral medications like baclofen or diazepam to reduce spasticity
- Botulinum toxin (Botox) injections: Targeted injections to relax specific spastic muscles, particularly beneficial for calf muscles
- Anti-seizure medications: For children who develop epilepsy
- Pain management: Addressing discomfort from muscle tightness or associated conditions
Orthotic Devices and Assistive Equipment
Adaptive equipment supports function and prevents complications:
- Ankle-foot orthoses (AFOs): Braces helping with foot position and walking
- Hand splints: Maintaining proper hand and wrist positioning
- Adaptive utensils and tools: Modified equipment for eating, writing, and daily tasks
- Mobility aids: Walkers or canes if needed for balance and safety
- Positioning equipment: Specialized seating and positioning devices
Surgical Interventions
Some children benefit from surgical procedures to improve function or correct deformities:
- Tendon lengthening: Surgical release of tight tendons to improve range of motion
- Selective dorsal rhizotomy (SDR): Cutting specific nerve roots to reduce spasticity
- Orthopedic surgeries: Correcting bone and joint abnormalities
- Baclofen pump placement: Implanting a pump delivering muscle relaxant directly to the spinal fluid
Ongoing Therapy and Support Services
Comprehensive care includes additional services:
- Speech therapy: For children with speech delays or feeding difficulties
- Educational support: Special education services addressing learning challenges
- Psychological services: Supporting mental health and self-esteem
- Social work: Connecting families with community resources
- Transition planning: Preparing for adulthood and independence
Positive Prognosis: With appropriate treatment and support, many children with hemiplegic cerebral palsy can live active, independent lives. The key is early intervention, consistent therapy, and comprehensive care coordination.
Pursuing a Hemiplegic Cerebral Palsy Claim in New York
If medical negligence contributed to your child’s hemiplegic cerebral palsy, New York law provides a path to pursue compensation. Understanding the legal process helps families make informed decisions about their rights.
New York’s Statute of Limitations
New York has specific time limits for filing medical malpractice lawsuits:
- Standard rule: 2.5 years from the date of the alleged malpractice
- Continuous treatment doctrine: The clock may start when treatment with that provider ends rather than when the malpractice occurred
- Infants’ exception: For children, the statute of limitations doesn’t begin until they turn 18, giving families until the child’s 20.5th birthday to file
- Discovery rule consideration: In limited circumstances, the clock may start when the injury is discovered
Don’t Wait: While children have extended time to file, gathering evidence is easier when memories are fresh and medical staff are still accessible. Additionally, financial compensation is often needed immediately for therapies and equipment. Consult an attorney as soon as you suspect medical negligence.
What You Need to Prove
To succeed in a New York medical malpractice claim for hemiplegic cerebral palsy, your attorney must establish four elements:
- Duty of care: A doctor-patient relationship existed, creating a duty to provide appropriate care
- Breach of duty: The healthcare provider’s actions fell below the accepted standard of care
- Causation: The breach directly caused your child’s brain injury and resulting cerebral palsy
- Damages: Your child and family suffered measurable harm and losses
Building Your Case
A strong hemiplegic cerebral palsy claim requires comprehensive evidence:
- Complete medical records: Prenatal care, labor and delivery records, newborn assessments, and all subsequent medical documentation
- Fetal monitoring strips: Electronic fetal monitoring showing patterns of distress or inadequate response
- Expert medical testimony: Specialists explaining how the standard of care was breached
- Neurological evidence: MRI findings, diagnostic reports, and medical opinions linking brain damage to birth events
- Financial documentation: Medical bills, therapy costs, equipment expenses, and projected lifetime care needs
- Life care plan: Comprehensive assessment of your child’s future medical needs and associated costs
Types of Compensation Available
Successful hemiplegic cerebral palsy claims can recover multiple categories of damages:
| Damage Category | What It Covers | Typical Range |
|---|---|---|
| Past medical expenses | All medical costs from birth to filing | $50,000 – $500,000+ |
| Future medical care | Lifetime therapy, equipment, medications, procedures | $1 million – $5 million+ |
| Home/vehicle modifications | Wheelchair accessibility, adaptive equipment | $50,000 – $300,000 |
| Lost earning capacity | Reduced ability to work as an adult | $500,000 – $2 million+ |
| Pain and suffering | Physical pain, emotional distress, reduced quality of life | $500,000 – $5 million+ |
| Parental losses | Lost wages for caregiving, emotional distress | $100,000 – $1 million+ |
Settlement Statistics: According to legal industry data, cerebral palsy medical malpractice cases average around $2.5 million in settlements or verdicts, though awards range from hundreds of thousands to over $100 million depending on severity and circumstances.
Recent Cerebral Palsy Verdicts and Settlements
Recent cases demonstrate the significant compensation juries award when medical negligence causes cerebral palsy:
- $48.1 million (Missouri, 2025): Including $28.1 million compensatory and $20 million punitive damages for delayed C-section despite fetal distress
- $29 million (Minnesota, 2025): Awarded after nurse-midwife failed to contact physician during fetal distress
- $10 million (Wisconsin, 2025): Family compensated after excessive Pitocin use led to CP diagnosis
- $120 million (Michigan, 2024): Record verdict for delayed emergency C-section after prolonged fetal distress
- $14 million (Illinois, 2024): Awarded for failure to monitor fetal heart rate and delayed intervention
Working with a New York Birth Injury Attorney
Hemiplegic cerebral palsy cases require attorneys with specific expertise:
- Medical knowledge: Understanding obstetric standards, fetal monitoring, and neurological injury
- Expert networks: Connections to credible medical experts who can support your case
- Financial resources: Ability to fund expensive case development (expert fees, medical records, life care planning)
- Trial experience: Skill presenting complex medical evidence to juries
- Negotiation ability: Securing maximum settlements from insurance companies
The Contingency Fee Arrangement
Most birth injury attorneys work on contingency, meaning:
- No upfront costs: You don’t pay attorney fees unless you win
- Attorney assumes risk: Lawyers invest their own money in case development
- Percentage of recovery: Attorney fees typically range from 15-40% of the settlement or verdict
- Case expenses: Some firms advance all costs; others may require reimbursement
- Free consultations: Initial case evaluations are typically free with no obligation
No Risk to Families: The contingency fee system ensures all families can access quality legal representation regardless of financial resources. You only pay if your attorney successfully recovers compensation.
Life Care Planning and Future Needs
A critical component of hemiplegic cerebral palsy claims is comprehensive life care planning. These detailed assessments project your child’s lifetime needs and associated costs, forming the basis for future damages claims.
Components of a Life Care Plan
Life care planners (typically nurses or rehabilitation counselors) evaluate multiple areas:
- Medical care: Frequency and cost of doctor visits, specialist appointments, and monitoring
- Therapies: Physical, occupational, and speech therapy needs throughout life
- Medications: Current and projected medication costs
- Surgical interventions: Expected procedures and associated expenses
- Durable medical equipment: Wheelchairs, braces, adaptive devices, and replacements
- Home modifications: Ramps, widened doorways, accessible bathrooms
- Vehicle modifications: Wheelchair lifts, hand controls
- Educational needs: Special education services, tutoring, assistive technology
- Vocational services: Job training, supported employment
- Attendant care: Personal care assistance if needed
- Psychological services: Counseling and mental health support
Long-Term Prognosis for Hemiplegic CP
Understanding long-term outcomes helps families and life care planners project future needs:
- Lifespan: Life expectancy is typically near normal for individuals with mild to moderate hemiplegic CP
- Independence: Many individuals achieve significant independence with proper support
- Employment: Substantial numbers of adults with hemiplegic CP work, though earning capacity may be reduced
- Mobility: Most walk independently, though some require assistive devices
- Daily living skills: Many manage self-care with adaptive strategies or minimal assistance
- Ongoing challenges: Pain, fatigue, and mobility limitations often increase with age
Resources and Support for New York Families
Beyond pursuing legal claims, families benefit from connecting with support services and resources:
New York State Services
- Early Intervention Program (EI): Services for children birth to age 3 with developmental delays
- Committee on Preschool Special Education (CPSE): Services for children ages 3-5
- Committee on Special Education (CSE): School-age special education services
- Office for People With Developmental Disabilities (OPWDD): Supports and services for individuals with developmental disabilities
- Medicaid and Child Health Plus: Health insurance coverage for eligible families
National Organizations
- United Cerebral Palsy (UCP): Advocacy, education, and support services
- Cerebral Palsy Foundation: Research, education, and community resources
- Easter Seals: Therapy services and family support programs
- Parent to Parent programs: Connecting families for peer support
Financial Assistance Programs
- Supplemental Security Income (SSI): Monthly payments for children with disabilities
- Social Security Disability Insurance (SSDI): Benefits when parents have qualifying work history
- Medicaid waivers: Home and community-based services
- Special Needs Trusts: Protecting settlement funds while maintaining benefit eligibility
Protecting Your Child’s Future
If your child receives a settlement or verdict for hemiplegic cerebral palsy, proper financial planning ensures funds last a lifetime and don’t jeopardize benefit eligibility.
Special Needs Trusts
A special needs trust (also called supplemental needs trust) allows your child to receive settlement proceeds without losing eligibility for government benefits like SSI and Medicaid:
- First-party SNT: Funded with the child’s own money (settlement proceeds)
- Third-party SNT: Funded by parents or others with their own money
- Pooled trust: Managed by nonprofit organization, option for smaller settlements
- Trust purposes: Can pay for supplemental needs not covered by government benefits
Structured Settlements
Rather than receiving settlement funds in a lump sum, structured settlements provide guaranteed periodic payments:
- Lifetime income: Guaranteed payments for your child’s lifetime
- Tax advantages: Structured settlement income is typically tax-free
- Protection from mismanagement: Funds can’t be spent all at once
- Customizable schedules: Payments timed to match anticipated expenses
- Inflation protection: Can include cost-of-living adjustments
Critical Planning Step: Before accepting any settlement, consult with an attorney experienced in special needs planning. Improper handling of settlement funds can disqualify your child from essential benefits.
Frequently Asked Questions
How do I know if medical negligence caused my child’s hemiplegic cerebral palsy?
Determining whether medical negligence caused your child’s condition requires a thorough review of medical records by qualified experts. Key indicators include documented fetal distress without appropriate intervention, delayed emergency C-sections, birth trauma from forceps or vacuum use, untreated maternal or fetal infections, and brain imaging showing injury consistent with oxygen deprivation during birth. A birth injury attorney can arrange for expert medical review to evaluate whether the standard of care was breached.
What is the difference between hemiplegic CP and hemiparesis?
Hemiplegic cerebral palsy and hemiparesis both refer to weakness on one side of the body, but hemiplegic CP specifically indicates this weakness resulted from brain damage occurring before, during, or shortly after birth. Hemiparesis is a more general term describing one-sided weakness from any cause, including stroke, brain tumors, or other conditions at any age. When used in the context of cerebral palsy, “hemiplegia” and “hemiparesis” are often used interchangeably, though technically hemiparesis refers to weakness while hemiplegia implies more severe paralysis.
Can my child with hemiplegic cerebral palsy live independently as an adult?
Many individuals with hemiplegic cerebral palsy achieve significant independence as adults. Outcomes depend on severity, the presence of associated conditions like intellectual disability or seizures, and access to appropriate therapies and support. Many people with hemiplegic CP complete education, maintain employment, live independently, drive adapted vehicles, and participate fully in their communities. Early intervention, consistent therapy, adaptive strategies, and proper support services maximize the potential for independence.
How long does a hemiplegic cerebral palsy lawsuit take in New York?
Medical malpractice cases involving hemiplegic cerebral palsy typically take 2-4 years from filing to resolution, though timelines vary considerably. Factors affecting duration include the complexity of medical issues, the need for extensive expert analysis, court scheduling, discovery disputes, and whether the case settles or goes to trial. Cases going to trial generally take longer than those settling during negotiations. While the process can feel lengthy, this time is necessary to properly investigate the case, gather expert opinions, and demonstrate the full extent of your child’s needs and losses.
What if my child was diagnosed with hemiplegic CP several years after birth?
Delayed diagnosis is common with hemiplegic cerebral palsy, as symptoms may not be evident until developmental milestones are missed. In New York, the statute of limitations for children doesn’t begin until they turn 18, providing until age 20.5 to file a medical malpractice lawsuit. However, evidence gathering becomes more difficult as time passes – memories fade, staff relocates, and medical records may be destroyed after retention periods expire. Additionally, families often need compensation immediately for therapies and equipment rather than waiting until the child approaches adulthood. Consult a birth injury attorney as soon as you suspect medical negligence, regardless of when diagnosis occurred.
Will my child need surgery for hemiplegic cerebral palsy?
Not all children with hemiplegic cerebral palsy require surgery. The need for surgical intervention depends on the severity of spasticity, presence of contractures or deformities, response to conservative treatments like therapy and medications, and functional goals. Common surgeries include tendon lengthening to improve range of motion, selective dorsal rhizotomy to reduce spasticity, orthopedic procedures to correct bone and joint problems, and baclofen pump placement for spasticity management. Many children manage well with therapy, medications, and bracing without requiring surgery. Treatment plans are highly individualized based on each child’s specific needs and response to interventions.
Can I sue if my child’s hemiplegic CP was caused by premature birth?
Premature birth itself is not necessarily medical malpractice, but negligence in managing premature labor or caring for a premature infant can support a lawsuit. Potential malpractice related to prematurity includes failure to identify and treat risk factors for premature labor, not administering medications to stop labor when appropriate, failing to give corticosteroids to mature the baby’s lungs before premature delivery, improper management of premature infants in the NICU, and failure to prevent or properly treat complications like brain bleeding. An experienced birth injury attorney can evaluate whether the medical care surrounding your premature delivery met appropriate standards.
How much compensation can I expect for a hemiplegic cerebral palsy claim?
Settlement and verdict amounts vary widely based on the severity of the condition, the strength of evidence showing negligence, the child’s projected lifetime needs, the degree of independence the child can achieve, jurisdiction and venue, and the skill of your legal representation. Awards typically range from hundreds of thousands of dollars for mild cases to many millions for severe cases. The average cerebral palsy case settles or results in a verdict around $2.5 million, though recent verdicts have reached $120 million or more. A detailed life care plan documenting your child’s specific needs forms the basis for calculating appropriate compensation. Your attorney will assess the realistic value of your specific case after thorough investigation.
Taking the Next Step
If your child has been diagnosed with hemiplegic cerebral palsy and you suspect medical negligence played a role, taking action promptly protects your legal rights and your child’s future.
Gathering Important Documents
Before meeting with an attorney, collect:
- All pregnancy and prenatal care records
- Complete labor and delivery records
- Fetal monitoring strips and interpretation notes
- Newborn medical records and NICU documentation
- Diagnostic reports (MRI, CT, EEG results)
- Cerebral palsy diagnosis documentation
- Records from all treating physicians and therapists
- Medical bills and expense documentation
- Notes about developmental delays or concerns
Questions to Ask Potential Attorneys
When evaluating birth injury lawyers, ask:
- How many cerebral palsy cases have you handled?
- What were the outcomes of those cases?
- Do you have experience with hemiplegic cerebral palsy specifically?
- Which medical experts do you work with?
- How will case expenses be handled?
- What is your contingency fee percentage?
- How do you communicate with clients during the case?
- What is your assessment of my case?
Free Case Evaluations: Most experienced birth injury attorneys offer free initial consultations to review your case, explain your legal options, and answer your questions. There’s no obligation, and the consultation provides valuable information even if you ultimately decide not to pursue a claim.
Conclusion
Hemiplegic cerebral palsy presents lifelong challenges for children and families. While some cases result from unavoidable circumstances, others stem from preventable medical errors during pregnancy, labor, or delivery. When medical negligence causes this condition, New York law provides families with the right to pursue compensation for medical expenses, therapy costs, adaptive equipment, home modifications, pain and suffering, and reduced future earning capacity.
With proper treatment, support, and financial resources, children with hemiplegic cerebral palsy can achieve remarkable outcomes and live fulfilling lives. If you suspect medical malpractice contributed to your child’s condition, consulting with an experienced New York birth injury attorney helps you understand your legal options and take steps to secure your child’s future.
Remember that time limits apply to medical malpractice claims. While children in New York have until their 20.5th birthday to file, gathering evidence and securing compensation becomes more difficult as time passes. Many families need financial resources immediately to pay for therapies, equipment, and other expenses. Don’t wait to explore your legal rights.
Educational Resource: This article provides educational information about hemiplegic cerebral palsy and medical malpractice claims in New York. It is not legal or medical advice. Every case is unique and requires individualized evaluation by qualified professionals. Consult with medical providers about your child’s diagnosis and treatment, and speak with an experienced birth injury attorney about your specific legal situation.
