How to Make a Cerebral Palsy Legal Claim
Cerebral palsy is a serious condition that affects children's lives in numerous ways. Parents of children suffering from cerebral palsy might be able to file a medical malpractice lawsuit to receive life-changing financial compensation.
Most of these lawsuits resolve via a settlement rather than a trial. Most lawyers would like their clients to receive their money as soon as they can, and trials can be costly.
Costs of treatment for Cerebral Palsy
If your child is suffering from cerebral palsy, you will require intensive medical treatment to reduce symptoms and improve functioning. Speech, physical and occupational therapy can be combined with medications or surgeries, as well as assistive devices and also modifications to the home. These therapies can be very expensive and are out of the financial reach of many families.
According to a study by the Centers for Disease Control, the cost of treatment over the course of a lifetime for a person suffering from cerebral paralysis can reach $1,000,000. 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 your child may require surgery to lengthen tight or stiff muscles or to remove a bone with a malformed shape or correct a curved spine. Seizure suppressants and pain relievers along with muscle relaxants are usually prescribed. Based on the severity of your child's condition you may need to hire a nurse or caregiver for 24/7 support.
A legal settlement or a jury verdict in an injury case may aid you in recovering the costs of treating your child's CP as well as paying for treatment that is specialized. Contact an experienced lawyer today to arrange an appointment for a free case review. At ABC Law Centers, we conduct a thorough investigation and work with expert medical professionals to determine if a negligence by a doctor caused the brain injury of your child. We don't charge a fee in the event that we do not win.
Loss of Future Earning Potential
A child with cerebral palsy might need to attend numerous appointments with a doctor and therapy sessions. They may also require wheelchairs or adaptive technology. This can put financial burden for your family. Our lawyers are experienced and can help you claim compensation for these expenses.
As your child grows older the severity of their CP may affect their ability earn money and get work. This can impact the quality of life of your child as well as your family's financial situation. A good New York medical malpractice lawyer will determine the amount of damages you could be awarded for this. This includes both economic and non-economic compensation.
CP can cause trouble walking, stiffness or pain in the muscles, crossed legs and arms tucked to one side (abnormal gait). Other signs could be weakness in muscles or a lack of ability to open joints fully. There are a few different types of cerebral palsy, and the severity of each type can vary. Spastic cerebral palsy, which is the most prevalent type of cerebral paralysis, is distinguished by jerky movements and muscles that aren't able to stretch. Hypotonia and hypertonia are also types of CP.
Cerebral Palsy can be described as a condition that is permanent and cannot be cured. It can be caused by a brain injury that occurs before or immediately after birth. Most often, a medical error such as oxygen deprivation in the birth process is the reason.
Pain and Suffering
Although cerebral palsy can cause some movements to be difficult, it does not usually cause physical pain. It can cause emotional and mental anxiety and depression that can cause depression and anxiety. Other disabilities may be present in children, like visual or hearing impairments. They may also suffer from speech delays and/or cognitive difficulties.
The condition is caused due to damage to the brain. This can occur during pregnancy, birth or right after birth, often due to the lack of oxygen to certain areas of the brain. It can also be due to medical negligence, for instance, a doctor failing to take into account a woman's pre-existing health issues or a medical error during the labor process.
A doctor can detect cerebral palsy by conducting an exhaustive physical examination of a toddler or child to find indications of a lack of muscle tone and spasticity in ankles, knees and shoulders, as well as balance issues. cerebral palsy attorneys hawaii or CT scan may also be used to detect injuries in the brain.
If your child has been diagnosed with cerebral palsy, it is important to contact a medical malpractice attorney in New York as soon as possible. A lawsuit can seek compensation for the cost of treatment, ongoing care, and financial compensation for suffering and pain. The law only gives you only a certain amount of time to start a lawsuit, so don't delay.
Financial Compensation
A child who has cerebral palsy can be very expensive. Families might require funds for medical treatment, support services, therapy equipment and other items that are not covered by insurance. Obtaining a substantial jury award or an out of court settlement can make a big difference for families that have to shoulder this burden.
Sokolove Law's attorneys can assist you receive financial compensation for the treatment of your child as well as other expenses. We will collaborate with your child's doctor and other specialists to paint the complete picture of your family's expected lifetime costs that include non-financial damage like pain and suffering.
Non-financial damages are more difficult to quantify, but we can utilize a variety of methods to calculate these damages, like the per-diem method (the number of days an injury will affect a person's life, multiplied by their daily rate of income). We also take into account the emotional and psychological distress that your child may be experiencing.
Our lawyers can review medical records and talk to you in a no-cost, confidential consultation to discuss the circumstances that caused your child's injury. If we determine that the medical professional responsible committed negligence, we will file a lawsuit on your behalf. In most cases, the defendant will negotiate a settlement with the plaintiff before going to court. If the defendant refuses to accept a fair amount of money, your case could go to the court.