How to Make a Cerebral Palsy Legal Claim
Cerebral dysplasia is a serious disorder that can impact children's lives in a variety of ways. Parents of children suffering from cerebral palsy may be able to file a medical malpractice lawsuit in order to recover life-changing financial compensation.
Most lawsuits are settled via settlement, rather than trial. The majority of lawyers would like their clients to receive their money as quickly as possible, and trials can be costly.
Costs of Cerebral Palsy Treatment
If your child is suffering from cerebral palsy, the disorder requires extensive medical treatment to reduce symptoms and help achieve maximum performance. Physical, speech, and occupational therapy may be combined with medications as well as surgeries and assistive devices as well as adjustments to the home. These therapies can be very expensive and are out of the budgets of a lot of families.
According to a report conducted by the Centers for Disease Control (CDC) the total cost of treatment for someone with cerebral palsy could 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 assistance.
In certain situations, your child may need surgery to lengthen tight or stiff muscles or remove a bone that is not properly formed or correct a curved spine. Treatments, such as seizure suppressants, pain relievers and muscle relaxants, are also commonly required. You may need to hire an all-hours caregiver or nurse dependent on the severity of your child's condition.
A legal settlement or jury verdict from a birth injury case can aid in recovering costs for treating your child's CP and pay for treatment that is specialized. Contact a knowledgeable attorney today to schedule an appointment for a complimentary case review. At ABC Law Centers, we conduct a thorough investigation and work with medical experts to determine if a negligence by a doctor caused your child's brain damage. We never charge a fee unless we succeed.
Loss of future earning potential
A child suffering from cerebral palsy may need to attend numerous appointments with doctors and therapy sessions. They may also require adaptive technology and wheelchairs. This can put stress on your family's finances. Our experienced lawyers can help you claim compensation to pay for these costs.
The severity of your child's CP could affect their ability to earn a living and earn money as they grow older. This could have a negative impact on the quality of life of your child and your financial future as a family. A good New York medical negligence lawyer will be able to determine the amount of damages you are entitled to. This includes both economic and non-economic compensation.
Some signs of CP include difficulties walking stiff muscles, stiff joints as well as knees that are crossed and arms tucked into their sides (abnormal gait). Other indications could be weakness in muscles or not being able to open joints fully. There are a variety of types of cerebral palsy, and the severity of each type may differ. Spastic cerebral palsy is the most common, and it is characterised by limited movement, jerky movements, and muscles that are tight and unable to stretch. Hypertonia and hypotonia are both types of CP.
Cerebral palsy can be a permanent condition that is not curable. It is caused by a trauma to the brain that can occur before, during or shortly after birth. In most cases, a medical mistake such as oxygen deprivation during the birth process is to blame.
Pain and Suffering
While
cerebral palsy can make certain movements difficult, the disorder generally does not cause physical pain. It can cause emotional and mental anxiety and depression that can cause depression and anxiety. Other disabilities could be affecting children, for example hearing or vision disorders. They could also suffer from cognitive and/or speech issues.
The condition is caused due to damage to the brain. This can occur during the pregnancy process, birth or immediately after birth, typically due to the lack of oxygen to certain parts of the brain. It could also result from medical negligence, such as the doctor's failure to take into account any pre-existing conditions of a woman, or an error in the delivery process.
A doctor can diagnose cerebral palsy by conducting an extensive physical exam of a toddler or child to check for signs of weak muscles or spasticity of the ankles, knees and shoulders, as well as balance issues. A MRI or CT scan may also be used to identify injuries in the brain.
If your child has been diagnosed with
cerebral palsy law firm palsy, you must consult a medical negligence attorney in New York as soon as possible. In a lawsuit, you can claim compensation for ongoing medical and expenses associated with treatment as well in monetary compensation for the pain and suffering you've endured. The law only gives you a limited amount of time to file a lawsuit so don't hesitate.
Financial Compensation
Growing a child with cerebral palsy is costly, and the family may require money for medical treatments, assistance equipment for therapy, and other things which aren't covered by insurance. A substantial jury award or out-of-court settlement could make a major impact for families who carry the burden.
The lawyers at Sokolove Law can assist you to get financial compensation to pay for your child's treatment and other related expenses. We will collaborate with your child's doctors and other specialists to create a an accurate picture of your family's expected life-time costs which include non-financial losses such as suffering and pain.
The damage that is not financial is more difficult to quantify. We can employ various methods to quantify these damages such as the per-diem method, which multiplies the number of days that an injury could affect a person's daily income by the number of days it will impact their life. We also take into consideration the psychological and emotional trauma that your child may be experiencing.
Our lawyers will examine your medical records and then meet with you for a confidential, non-cost consultation to discuss what caused the birth injury of your child. If we conclude that the medical professional involved committed negligence, we will file a lawsuit on your behalf. In the majority of cases, the defendant will negotiate a settlement with the plaintiff prior to going to court. If, however, the defendant refuses to agree on a reasonable amount and your case is referred to court.