How to Make a Cerebral Palsy Legal Claim
Cerebral dysplasia is a serious disorder that can impact children's lives in many ways. Parents of children with cerebral palsy may be able to file a medical malpractice lawsuit to recover life-changing financial compensation.
The majority of these lawsuits are resolved through a settlement, rather than a trial. This is because lawyers want to ensure their clients get paid quickly and trials can be costly.
Costs of Cerebral Palsy Treatment
If your child suffers from cerebral palsy, the disorder will require extensive medical treatment to ease symptoms and ensure the highest level of functioning. Physical, speech and occupational therapy could be paired with medication or surgeries, as well as assistive devices, as well as modifications to the home. These treatments can be expensive and are out of reach for many families.
According to a study carried out by the Centers for Disease Control (CDC) the lifetime cost of treatment for someone suffering from cerebral palsy can be as high as $1 million. This includes direct costs such as wheelchairs and home modifications as well as indirect services like counseling and mental health care.
In some instances, a child might require surgery to lengthen stiff muscles, remove the malformed bone or fix a curled spine. Seizure suppressants and pain relievers along with muscle relaxants are usually prescribed. Based on the severity of your child's condition, you might need to employ a caregiver or nurse to provide 24/7 support.
A legal settlement or a verdict made through a birth-related injury lawsuit could help you recover the costs associated with treating your child's CP and pay for specialist care. Contact a knowledgeable lawyer today to arrange an appointment for a complimentary case review. ABC Law Centers conducts a thorough investigation, with the aid of medical experts to determine if the negligent actions of a doctor contributed to brain damage in your child. We do not charge you a fee until we win.
Loss of future earning potential
A child who has cerebral palsy might need to attend lots of appointments with doctors and therapy sessions. They may also require equipment such as wheelchairs and adaptive technology. This could put a strain on the finances of your family. Our skilled lawyers can assist you claim compensation to pay for these expenses.
The degree of your child's CP can impact their ability to work and earn money as they age. This can affect your child's overall health and the financial stability of your family. A good New York medical negligence lawyer can help you determine how much compensation you could be entitled to. This includes both non-economic and economic compensation.
A few signs of CP include difficulties walking stiff muscles, stiff joints as well as knees that are crossed and arms that are tucked in their sides (abnormal gait). Other indications could be weakness in muscles or inability to open joints all the way. There are many different types of
cerebral palsy, and the severity of each type will differ. Spastic
cerebral palsy lawsuits palsy is most prevalent and is characterized by limited movement, jerky movements, and muscles that aren't able to stretch. Hypertonia and hypotonia are both kinds of CP.
Cerebral palsy is a permanent condition that cannot be cured. It is caused by an injury to the brain that could occur before, during or shortly after birth. An error in medicine, for example oxygen deprivation during the delivery process is usually to blame.
Suffering and Pain
While cerebral palsy can make certain movements difficult, the disorder generally does not cause physical pain. However it can cause mental distress and emotional pain that can cause depression and anxiety. Children may also experience other difficulties, including visual or hearing impairments or speech delays, as well as cognitive impairments.
The condition is caused by brain damage. This can occur during the course of pregnancy, birth or just after birth, which is usually due to a lack of oxygen to certain areas of the brain. It could also be a result of medical negligence, like a doctor failing to take into account a woman's pre-existing health conditions or a medical mistake during the birth procedure.
A doctor can diagnose cerebral palsy by conducting an extensive physical examination of a toddler, infant or child to find signs of weak muscles or spasticity of the ankles, knees and shoulders, and balance issues. A CT or MRI scan can be used to identify brain injuries.
If your child has been diagnosed with cerebral palsy, you must consult a medical negligence attorney in New York as soon as possible. A lawsuit may seek compensation for the cost of treatment, ongoing medical care, as well as financial compensation for suffering and pain. Do not put off filing. The law gives you a limited time to file a lawsuit.
Financial Compensation
The care of a child suffering from cerebral palsy can be very expensive. Families might need funds to pay for medical treatments, support services, therapy equipment and other items that are not covered by insurance. A significant jury award or an out-of-court settlement can make a big difference for families who must bear the burden.
The lawyers at Sokolove Law will assist you to obtain financial compensation for the treatment of your child and other related expenses. We will collaborate with your child's doctor and other specialists to draw a an entire picture of your family's expected expenses throughout their lives as well as non-financial damages such as pain and suffering.
Non-financial losses are more difficult to quantify, but we can utilize a variety of methods to calculate these damages, such as the per diem method (the number of days that an injury will affect the person's life, divided by their daily rate of income). We also consider the mental and emotional distress that comes with the child's condition.
Our lawyers can review medical records and join you in a no-cost, confidential consultation to discuss the circumstances that caused your child's birth injury. If we find that a medical professional acted in negligence, we'll file an action for you. In the majority of cases, the defendant will settle with the plaintiff without having to go to trial. However, if the defendant refuses to settle on a fair amount then your case will go to court.