• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
(914) 220-1086

Law Offices of Thomas L. Gallivan, PLLC

Just another WordPress site

  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Lawsuits and Settlements
        • Distracted Driving Accidents
        • After a Car Accident
        • Passenger in a Car Accident
        • How To Get Compensation
        • Uninsured Motorist Accidents
      • 9/11 Victim Compensation Fund Lawyers
      • Burn Injury Lawyers
      • Bus Accident Attorneys
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Spinal Cord Injury Lawyers
      • Traumatic Brain Injuries
      • Truck Accident Lawyers
        • Delivery Truck Accidents
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Results
    • Medical Malpractice Results
    • Nursing Home Abuse Results
    • Personal Injury Results
  • Resources
    • Videos
    • Nursing Home Citation Map
    • Nursing Home Citations
    • Westchester County
      • Westchester County Accident Lawyer
      • Westchester County Contingency Fee Lawyers
      • Westchester Nursing Home Abuse Lawyers
    • New Rochelle
      • New Rochelle Car Accident Lawyers
    • Mamaroneck
  • Contact Us
  • Home
  • About
    • Attorney Profiles
      • Daniel F. Gallivan
      • Thomas L. Gallivan
      • James C. Freeman
      • Andrew J. Gilbride
    • Testimonials
  • Practice Areas
    • Personal Injury
      • Car Accident Lawyers
        • Lawsuits and Settlements
        • Distracted Driving Accidents
        • After a Car Accident
        • Passenger in a Car Accident
        • How To Get Compensation
        • Uninsured Motorist Accidents
      • 9/11 Victim Compensation Fund Lawyers
      • Burn Injury Lawyers
      • Bus Accident Attorneys
      • Pedestrian Accident Lawyers
      • Slip & Fall Lawyers
      • Spinal Cord Injury Lawyers
      • Traumatic Brain Injuries
      • Truck Accident Lawyers
        • Delivery Truck Accidents
      • Wrongful Death Lawyers
      • Motorcycle Accident Lawyers
      • Uber Accident Lawyers
    • Nursing Home Abuse
      • Bedsores and Pressure Ulcers
      • Brain Bleeds
      • Bruises and Cuts
      • Elopement
      • Falls & Broken Bones
      • Group Home Abuse
      • Infections
      • Malnutrition
      • Medication Errors
      • Physical Abuse
      • Wrongful Death
    • Medical Malpractice
      • Birth Injury
      • Emergency Room Negligence
      • Failure to Diagnose
        • Stroke and Heart Attack
        • Lymphoma
        • Leukemia
        • Cancer
        • Breast Cancer
        • Colon Cancer
        • Prostate Cancer
        • Kidney Cancer
      • Hemiparesis
      • Gastric Bypass Malpractice
      • Medication Errors
      • Meningitis
      • Neurological Injuries
      • Statute of Limitations
    • Criminal Defense
  • Blog
  • Results
    • Medical Malpractice Results
    • Nursing Home Abuse Results
    • Personal Injury Results
  • Resources
    • Videos
    • Nursing Home Citation Map
    • Nursing Home Citations
    • Westchester County
      • Westchester County Accident Lawyer
      • Westchester County Contingency Fee Lawyers
      • Westchester Nursing Home Abuse Lawyers
    • New Rochelle
      • New Rochelle Car Accident Lawyers
    • Mamaroneck
  • Contact Us
Call
Contact
Blog
Home  /  White Plains, New York Medical Malpractice Lawyers  /  White Plains, NY Birth Injury Attorneys  /  Encephalomalacia  /  What are the Causes and Long Term Effects of Encephalomalacia?

What are the Causes and Long Term Effects of Encephalomalacia?

The causes of encephalomalacia are different types of trauma to the brain, a cerebral hemorrhage, or a cerebral ischemia. Most times when we encounter encephalomalacia, it was caused by some type of birth injury, either during the labor and delivery of a child, or the treatment shortly thereafter. The usual direct cause of the encephalomalacia is a hypoxic event experienced by the infant, either in utero or shortly thereafter. Hypoxia is when oxygen is not getting to the brain.

The long-term effects can be devastating. Any type of brain injury can result in significant motor and cognitive delays. It can result in different types of infections, and these injuries can have long lasting, permanent effects on children. It’s not uncommon for an infant that experiences encephalomalacia to require 24-hour, seven day a week care for the rest of their life.

What is the Statute of Limitations on a Case involving Encephalomalacia?

Assuming that the injury was caused during labor and delivery or shortly thereafter, an infant has the right, in New York, to bring that case within 10 years. There is a toll to the statute of limitations due to the infant’s age. If it’s an adult that experiences encephalomalacia, as a result of medical malpractice or some other type of traumatic event, then the statute of limitations is going to be shorter. In medical malpractice cases it’s two-and-a-half years from the malpractice, and in negligence cases it is three years from the date of the incident or accident.

What Types of Damages are Recoverable in a Case Like This?

Damages are recoverable in these types of cases, so we make claims for the pain and suffering of the individual, both past and future. We can also file claims for the costs for medical care, past and future, which in these cases can be exorbitant. If you think about all the types of therapies and possibly daily care needed, for the rest of an infant’s life, those damages can be very significant. In certain instances, we can also pursue a claim for the loss of any potential earnings of the infant.

What Components Determine the Viability of a Case like This?

The viability of a claim will depend case to case on what caused the encephalomalacia. In the cases where we usually see it in birth injury medical malpractice, we need to prove that there was a departure by the doctors or the nursing staff from accepted standards of care, and that that departure directly caused the injuries that we are alleging. If the encephalomalacia is caused by a different event, for example the negligence of a construction company to properly give their employee safety equipment, and the worker suffers a brain injury that includes encephalomalacia, we would need to prove that the company had a duty to provide safety equipment, and that their failure to do so caused the injury to the construction worker.

For more information on Encephalomalacia In New York, a free initial consultation with the Gallivan Law Firm is your next best step. Get the information and legal answers you are seeking by calling (855) 228-7369 today.

Primary Sidebar

Get In Touch

Practice Areas

  • Personal Injury
    • Wrongful Death
    • Motor Vehicle Accidents
    • Trucking Accidents
    • Pedestrian Accidents
    • Construction Accidents
    • Scaffolding Accidents
    • Slip, Trip & Falls (Premises Liability)
    • Negligent Supervision at a School or Day Care
    • Sidewalk Falls
    • Elevator Accidents
    • Train and Subway Accidents
  • Nursing Home Abuse
    • Bedsores (Pressure Ulcers)
    • Falls & Fractures
    • Malnutrition and Dehydration
    • Physical and Sexual Abuse
    • Wandering & Elopement
    • Unexplained Bruises and Cuts
    • Infection
    • Choking Incidents
    • Medication Errors
    • Group Homes
    • Assisted Living Facilities
  • Criminal/DWI Defense
    • DWI (Driving While Intoxicated)
    • Criminal Defense
    • Traffic Violations
    • DMV Refusal Hearings
    • Sex Crimes
    • Shoplifting & Larceny
    • Assault & Vehicular Assault
    • Drug Possession
    • Drug Sales
    • Weapons Charges
    • Domestic Violence
    • How is a DWI Defined in New York?
    • Is the Driver’s License Confiscated Immediately Upon a DWI Arrest?
  • Medical Malpractice
    • Failure to Diagnose Cancer
    • Birth Injuries (Gynecological, Obstetrical)
    • Medication Errors
    • Surgical Errors
    • Gastric Bypass Surgery Errors
    • Emergency Room Errors
    • Failure to Diagnose Heart Attack or Stroke
    • Cerebral Palsy
    • Erbs Palsy Birth Injury
  • Trusts + Estates
    • Wills & Trusts
    • Divorce, Child Support, Custody Issues
    • Elder Law
    • Estate Planning
    • Guardianships
    • Medicaid-Planning
    • Power of Attorney / Health Care Proxy
    • Probate and Estate Administration
    • Surrogate Court Litigation
    • Real Estate
    • Business Formation
    • Wills
    • Will Contests

View All Practice Areas

CLIENT TESTIMONIALS

" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

Melanie

" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

Katherine R.

" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

View All Testimonials

245 Main St Suite 450 White Plains, NY 10601

Phone:
(914) 220-1086

Fax:
(516) 394-4229

555 5th Ave 14th Floor
New York, NY 10017

Toll Free:
(855) 228-7369

(By Appointment Only)

1370 RXR Plaza
Uniondale, NY 11556

Phone:
(914) 594-6820

Fax:
(516) 394-4229

12 1st St
Riverhead, NY 11901

Phone:
(914) 825-5855

Fax:
(516) 394-4229

Personal Injury

  • Pedestrian Accident Lawyers
  • Slip & Fall Injury Lawyers
  • Wrongful Death Lawyers
  • Personal Injury Lawyers
  • Construction Accident Lawyers
  • Westchester County Personal Injury Lawyer

Nursing Home Abuse

  • Nursing Home Abuse Attorney
  • Bedsores Lawyer
  • Brain Bleeds
  • Bruises and Cuts
  • Elopement
  • Falls & Broken Bones
  • Group Home Abuse
  • Infections
  • How to Report Nursing Home Abuse

Car Accidents

  • Car Accident Lawyers
  • Car Accident Settlements
  • Distracted Driving Accidents
  • Truck Accident Lawyers
  • Delivery Accident Lawyers
  • Uber Accident Lawyers

Medical Malpractice

  • Medical Malpractice Lawyers
  • Emergency Room Negligence
  • Medication Errors
  • Neurological Injuries
  • Orthopedic Malpractice
  • Ophthalmology Errors
  • Failure to Diagnose
    • Heart Attack or Stroke
    • Leukemia
    • Cancer
    • Bladder Cancer
    • Breast Cancer
    • Colon Cancer
    • Skin Cancer

Birth Injury

  • Birth Injury Lawyers
  • Erb’s Palsy
  • Birth Asphyxia
  • Cerebral Palsy
  • Sepsis Infections
  • Neonatal Infections
  • Brachial Plexus
  • Hypo-Ischemic Encephalopathy
  • Shoulder Dystocia
  • Jaundice
  • Encephalomalacia

Helpful Content

  • Stage 4 Bedsore Lawsuits and Settlements
  • Nursing Home Abuse Citation Map
  • Signs of Nursing Home Abuse
  • Riverhead NY Injury Lawyers
  • White Plains Accident Lawyers

Footer

  • Personal Injury
  • Nursing Home Abuse
  • Medical Malpractice
  • Car Accidents

ATTORNEY ADVERTISING

Copyright © 2022, Law Offices of Thomas L. Gallivan, PLLC | Sitemap