How to Make a Cerebral Palsy Legal Claim
Cerebral palsy has the potential to affect a child's life in many ways. Parents of children who suffer from cerebral palsy may be in a position to file a medical malpractice suit to recover life-changing financial compensation.
Most of these lawsuits are settled through settlement, rather than trial. This is due to the fact that lawyers want to ensure their clients receive funds quickly and trial costs are high.
Costs of treatment for Cerebral Palsy
If your child is suffering from cerebral palsy, the condition requires extensive medical treatment to alleviate symptoms and encourage the highest level of functioning. This can involve physical therapy, speech and occupational therapies that may be augmented by medications, surgeries or assistive devices, as well as modifications to the home. These treatments can be extremely expensive and out of budgets of many families.
According to a report conducted by the Centers for Disease Control (CDC) the cost of lifetime treatment for someone with cerebral palsy can exceed $1 million. This includes direct costs for things like wheelchairs and home modifications, as well as indirect costs associated with services such as counseling and psychiatric care.
In some instances, a child may require surgery to lengthen stiff muscles, eliminate a bony that is not properly formed or to correct a curled spine. cerebral palsy attorney bethlehem , such seizure suppressants, pain relievers and muscle relaxants are commonly required. You may require an on-call caregiver or nurse dependent on the severity of your child's medical condition.
A legal settlement or verdict that is obtained through a birth injury lawsuit can allow you to recover the costs associated with treating your child's CP and pay for specialist care. To schedule a free consultation to discuss your case, contact an experienced lawyer. ABC Law Centers conducts a thorough investigation with the assistance of medical experts to determine if a doctor's negligent actions contributed to brain damage in your child. We never charge a fee until we succeed.
Loss of future earnings potential
A child with cerebral palsy may have to attend numerous appointments with doctors and therapy sessions. They might also require adaptive technology or wheelchairs. This can put financial strain on your family. Our experienced lawyers can help you claim compensation to pay for these expenses.
As your child ages, the severity of their CP may affect their ability earn money and to work. This could have a negative impact on the quality of life of your child and your financial future as a family. A skilled New York medical negligence lawyer can help you determine how much compensation you could be entitled to. This includes economic and non-economic compensation.
CP can result in difficulty walking, stiffness in muscles, crossed legs and arms tucked to one side (abnormal gait). Other indicators include muscle weakness or the inability to open joints fully. There are many types of cerebral paralysis and their severity may vary. Spastic cerebral palsy is the most frequent and causes limited movement, jerky movements, and tight muscles that can't stretch. Hypertonia and hypotonia are both kinds of CP.
Cerebral palsy is a lifelong condition that is not curable. It is caused by a trauma to the brain that could happen before, during, or shortly after birth. A medical mistake such as oxygen deprivation during the delivery process is often the reason.
Pain and Suffering
Although cerebral palsy can make certain movements difficult, it doesn't typically cause physical pain. However it can cause mental and emotional distress that can cause depression and anxiety. Children may also have other issues, such as issues with vision or hearing speech delays, or cognitive impairments.
The condition is due to damage to the brain. This can happen during pregnancy, birth or immediately after birth. It is usually due to a lack of oxygen to certain brain parts. It could also be caused by medical negligence, for example, the doctor not taking into account the pre-existing health conditions of a woman, or an unintentional medical error during delivery.
A doctor can detect cerebral palsy by conducting a complete physical exam of a toddler, infant or child, looking for indications of a lack of muscle tone and spasticity in ankles, knees, hips and shoulders, and balance problems. A CT or MRI scan is a way to identify brain injuries.
If your child has been diagnosed with cerebral palsy you should seek the help of a medical malpractice attorney in New York as soon as possible. In a lawsuit, you can claim compensation for ongoing medical and treatment costs, as well as monetary compensation for your pain and suffering. Do not put off filing. The law only allows you a certain amount of time to file a suit.
Financial Compensation
It is costly to raise a child suffering from cerebral paralysis. The family may require money for equipment for therapy or medical treatments as well as support services that aren't covered by insurance. A substantial jury award or an out of court settlement can make a significant difference to families who have to take on this burden.
Sokolove Law's lawyers can help you get financial compensation for the treatment of your child and other expenses. We'll work closely with your child's physician and other specialists to develop an extensive picture of the expected lifetime costs for your family, including non-financial damage like discomfort and pain.
The non-financial damage is harder to quantify, however we can employ a variety of methods to calculate the amount of damages, including the per diem method (the amount of time an injury will impact the life of a person, multiplied by their daily income). We also take into consideration the emotional and mental distress that comes with your child's illness.
Our lawyers will review your medical records and then meet with you to provide a confidential, no-cost consultation to discuss the factors that caused the birth injury of your child. If we conclude that a medical professional has committed negligence, we'll file an action on your behalf. In the majority of cases, the defendant will settle the matter with the plaintiff prior to going to court. However, if the defendant is not willing to settle on a fair amount then your case will go to the court.