How to Make a Cerebral Palsy Legal Claim
Cerebral palsy has the potential to have a significant impact on the lives of children in a variety ways. Parents of children who suffer from cerebral palsy might be able to file a medical malpractice lawsuit in order to recoup life-changing financial compensation.
Most of these lawsuits are settled via settlement, not trial. This is because lawyers want to ensure that their clients receive money fast and trials can be costly.
Costs of Cerebral palsy Treatment
If your child suffers from cerebral palsy, you will have to undergo extensive medical treatments to relieve symptoms and enhance functioning. This can involve physical therapy, speech and occupational therapies that can be supplemented by medications, surgeries or assistive devices, as well as modifications to the home. These therapies can be very expensive and out of the budgets of many families.
According to a study conducted by the Centers for Disease Control, the cost of lifetime treatment for people suffering from cerebral paralysis can be more than $1,000,000. This includes direct costs for things like wheelchairs and home modifications as well as indirect costs associated with services like counseling and psychiatric treatment.
In some cases, 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. Pain relievers and seizure suppressants along with muscle relaxants are often prescribed. It is possible to employ a nurse or caregiver who is available 24 hours a day, dependent on the severity of your child's health.
A legal settlement or verdict made through a birth-related injury lawsuit can help recover the costs associated with treating your child's CP and paying for specialized care. Contact an experienced attorney today to set up an appointment to review your case for free. ABC Law Centers conducts a thorough investigation using the help of medical experts to determine whether the negligence of a doctor led to brain damage in your child. We do not charge a fee until you win.
Loss of future earnings potential
A child suffering from cerebral paralysis may have to attend many doctor's appointments and therapy sessions. They also need equipment like wheelchairs and adaptive technology. This could be a financial burden for your family. Our experienced lawyers can help you claim compensation for these expenses.
As your child gets older, the severity of their CP can affect their ability to earn money and get work. 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 economic and non-economic compensation.
The signs of CP include difficulties walking, stiff muscles, crossed knees, and arms tucked into their sides (abnormal gait). Other symptoms include muscle weakness or the inability to open joints fully. There are a variety of types of cerebral paralysis and their severity varies. Spastic cerebral palsy is most common and involves limited movement, jerky movements, and tight muscles that can't stretch. cerebral palsy lawsuit anchorage of CP include hypertonia, which involves floppiness, and hypotonia which is characterized by low muscle tone.
Cerebral palsy is a disorder that is permanent and cannot be treated. It is caused by a trauma to the brain, which can occur prior to, during, or shortly after birth. A medical error such as oxygen deprivation in the delivery process is often the reason.
Pain and Suffering
While cerebral palsy may make certain movements difficult, the disorder generally does not cause physical discomfort. However it can cause mental stress and emotional suffering that can cause depression and anxiety. Other disabilities may be present in children, like problems with vision or hearing. They may also have cognitive or speech problems.
The condition is caused by damage to the brain. It can occur during the pregnancy process, during delivery or right after birth. It is often caused by a lack oxygen to certain brain organs. It could also be caused by medical negligence, for instance, a doctor failing to take into consideration the woman's prior health conditions or a medical error during the labor process.
A doctor can diagnose cerebral palsy by conducting an exhaustive physical examination of an infant, toddler or child to find indications of a lack of muscle tone and spasticity in the hips, knees, ankles and shoulders, as well as balance problems. A CT or MRI scan is a way to detect brain injuries.
It is important to contact a New York medical malpractice lawyer as soon as you can if your child is diagnosed with cerebral palsy. In a lawsuit, you may seek compensation for ongoing care and treatment costs, as being compensated in cash for your pain and suffering. Do not put off filing. The law only gives you a limited time to file a lawsuit.
Financial Compensation
Growing a child with cerebral palsy is expensive, and the family might need funds for medical treatment, support services, therapy equipment, and other things which aren't covered by insurance. Families who are faced with this burden can benefit from a substantial jury award or an out-of-court settlement.
The attorneys at Sokolove Law will assist you to get financial compensation to pay for the treatment of your child as well as other related expenses. We will work with your child's doctor and other specialists to paint the complete picture of your family's lifetime expenses which include non-financial losses like pain and suffering.
Non-financial losses are more difficult to quantify, however we can employ a variety of methods for calculating the damages, such as the per diem method (the number of days that an injury can affect the life of a person multiplied by their daily income). Also, we consider the mental and emotional distress that is caused by the condition of your child.
Our lawyers will look over your medical records and then meet with you for a confidential, non-cost consultation to discuss the circumstances that led to the birth injury suffered by your child. If we conclude that a medical professional acted in negligence, we'll file an action on your behalf. In most instances the defendant will negotiate a settlement with the plaintiff without having to go to trial. If the defendant is unwilling to settle on a reasonable amount of money, your case could go to court.