Cerebral Palsy LawyersA New York CP attorney can help you obtain compensation for medical expenses of your child. Find a firm that has a large staff and has been in business for years.
Cerebral palsy lawyers make a claim on behalf of their client, known as the plaintiff. They gather evidence, such as medical records and expert testimony in order to make a convincing case.
Diagnosis
Parents might observe that their child hasn't reached milestones in their development, such as walking, talking, or crawling by the age of six months old. They may also experience difficulty controlling their bowels and bladders. Cerebral palsy can affect one side of the body. It is known as hemiplegia. It can also affect both sides of the body or all four limbs, known as quadriplegia.
A lack of muscle tone or uncoordinated movement are signs. These are a result of brain damage that interferes with the normal flow of nerve impulses between muscles and the brain and causes stiff or floppy muscles.
Doctors will look at your child's movements as well as muscle tone to determine if they have CP. They will check for things such as whether they feel their legs are crossed or if they feel too stiff or tense. They'll also run a variety of tests to determine if the problem is due to cerebral palsy or another disorder. These tests include metabolic testing, genetic testing, and an electroencephalogram.
Treatment
Treatment options are available to help patients lead their lives to the fullest extent possible despite the fact that there is no cure. Medications help with movement, reduce seizures and treat other ailments related to the disorder. Spasticity can be treated using medications that relax the muscles, or by injecting botulinum type A into affected muscles. Surgery to correct musculoskeletal issues like joint deformities and the lengthening of muscles (orthotics) is also used.
Certain people with cerebral palsy also suffer from other conditions like breathing problems or nutritional deficiencies due to difficulty swallowing. Some people need a feeding tube for nutrition. Some people have trouble communicating and others might exhibit a wide range of behavioral issues.
Cerebral Palsy is caused by an interruption in the flow of oxygen to the brain. Baby born after a difficult labor or birth complications that restrict the flow of oxygen are at a higher risk for developing this condition. Infections during pregnancy or the delivery, such as cytomegalovirus, rubella virus or herpes simplex virus and fever can cause inflammation that damages the brain's development. Similar is the case for fetal strokes that can occur when blood vessel abnormalities prevent the brain from receiving sufficient oxygen.
Legal Representation
Parents of children with CP have to deal with costly medical bills, therapy costs, and other ongoing costs. A good lawyer can assist you in obtaining fair compensation for these and other costs.
Find a firm with national experience with birth injuries and a track record of successful cases against medical facilities, negligent doctors and corporate insurance companies. Staff size, years of operation and evidence of regular wins are also factors to consider when selecting the right firm.
Lawyers who specialize in cerebral palsy may assist you in filing a claim to recover damages, such as the future and past medical expenses including pain and suffering as well as lost earning potential. These claims must be filed within a specific timeframe called the statute of limitations. This is different from state-to-state.
The majority of cerebral palsy lawyers operate on a contingency basis which means that they do not demand upfront fees from clients. Families are now able to seek justice without having to worry about financial issues. A contingency fee agreement ensures that your attorney won't be paid unless they secure an acceptable settlement or verdict for you.
Settlements
A CP lawyer can help you determine whether your child's injuries may be the result of medical negligence. This will require proving that the medical professional at fault or company was bound by a duty of reasonable care, breached that duty, and directly caused your child's CP. Then, you will need to prove actual damages including medical bills, lost income and suffering and pain.
Your CP lawyer will gather evidence, including expert testimony and written documents, after filing an action to create an argument that is solid. In order to avoid a trial, the defendant could offer an offer of settlement. Your attorney will negotiate for an amount that is fair on your behalf.
Selecting a seasoned cerebral palsy lawyer can drastically speed up the process of filing a lawsuit and increase your chances of receiving financial compensation. Search for a law firm with experience in medical malpractice cases and a history of securing substantial verdicts. Ask prospective attorneys for proof of their experience, and how many clients they have represented. Also, think about the size of their team as well as how long they have been in business.
Trials
Lawyers who specialize in cerebral palsy manage all the legalities of medical malpractice cases to assist families in obtaining compensation for emotional and physical injuries their child suffered. This could include the cost of therapies which can give children a better quality life and enable them to reach their full potential.
In the event of a settlement,
cerebral palsy attorneys palsy lawyers will negotiate with responsible parties and insurance companies to obtain the payout. This process can include written documentation including expert testimony, witness interviews, and more. A third party mediator is often brought in to assist. If the lawyer has crafted an adequate case, they will likely convince the defendant to agree to an offer of settlement. This is the most desirable outcome, as it avoids the necessity of a trial which could take years.
A New York City lawyer will assist you in holding doctors and nurses accountable for the mistakes they made during difficult births. If the mistakes of the doctor caused your child to suffer an injury to the brain that could have been prevented and brain damage, they must be held accountable for their mistakes.