How to Make a Cerebral Palsy Legal Claim
Cerebral palsy is a serious condition that can affect children's lives in numerous ways. Parents of children suffering from cerebral palsy might be eligible to file a medical malpractice lawsuit in order to recoup life-changing financial compensation.
Most 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, they requires a wide range of medical treatments to reduce symptoms and help achieve the highest level of functioning. This can involve physical therapy, speech or occupational therapy that may be augmented by medications, surgeries, assistive devices and modifications to the home. These treatments can be very expensive and out of reach for many families.
According to a study conducted by the Centers for Disease Control (CDC) the cost of lifetime treatment for someone suffering from cerebral palsy attorney palsy can exceed $1 million. This includes direct costs for things like wheelchairs and home modifications, as well as indirect costs for services such as counseling and psychiatric treatment.
In some instances children may require surgery to lengthen stiff muscles, remove the malformed bone or correct a curled spine. Seizure suppressants and pain relief medications as well as muscle relaxants are often prescribed. You may have to hire an on-call caregiver or nurse dependent on the severity of your child's illness.
A legal settlement or a verdict from a birth injury lawsuit can allow you to get the money you need to treat your child's CP and pay for specialist care. Contact a knowledgeable lawyer today to set up an appointment for a free case review. At ABC Law Centers, we conduct a thorough investigation and work with medical professionals to determine if a negligent doctor contributed to your child's brain damage. We do not charge a fee until you win.
Loss of Future Earnings Potential
A child suffering from cerebral palsy could need to attend numerous doctors' appointments and therapy sessions. They may also require wheelchairs or adaptive technology. This can be a financial strain on your family. Our skilled lawyers can assist you seek compensation to pay for these expenses.
The severity of your child's CP can affect their ability to work and earn money as they grow older. This could affect the quality of life of your child as well as your family's financial situation. A reputable New York medical malpractice lawyer can determine the amount of damages you could be awarded for this. This includes both economic and non-economic damages.
Some symptoms of CP include difficulty walking stiff muscles, stiff joints crossed knees, or arms tucked into their sides (abnormal gait). Other symptoms include muscle weakness, or the inability to open joints fully. There are many different types of cerebral palsy, and the severity of each can vary. Spastic cerebral palsy is most frequent and causes restricted movements, jerky movements and tight muscles that can't stretch. Hypertonia and hypotonia are both types of CP.
Cerebral palsy is a lifelong condition that cannot be cured. It is often caused by an injury to the brain that occurs before, during or shortly after birth. A medical error such as oxygen deprivation during the birth process is usually the cause.
Pain and Suffering
While cerebral palsy can make some movements difficult, the condition typically does not cause physical pain. However it can cause mental distress and emotional pain which can lead to anxiety and depression. Other disabilities can also affect children, including hearing or vision disorders. They could also suffer from speech delays and/or cognitive difficulties.
The condition is caused by damage to the brain. It can occur in the course of pregnancy, delivery or shortly after birth. It is often due to a lack of oxygen to certain brain organs. It can also result from medical negligence, for example, the doctor not taking 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, infant or child to find symptoms of a low level of muscle tone and spasticity in the ankles, knees, hips and shoulders, and balance issues. A CT or MRI scan is a way to detect brain injuries.
If your child has been diagnosed with cerebral palsy law firms palsy, you should contact a medical malpractice attorney in New York as soon as possible. In the event of a lawsuit, you could claim compensation for ongoing medical and costs associated with treatment, as well in monetary compensation for the pain and suffering you've endured. Do not delay. The law grants you a limited time to file a lawsuit.
Financial Compensation
Growing a child with cerebral palsy is costly, and the family may require money for medical treatments, support services, therapy equipment and other things which aren't covered by insurance. A large jury award or out-of court settlement could make a huge difference for families that have to shoulder this burden.
The attorneys at Sokolove Law can help you obtain financial compensation for your child's medical treatment and other related expenses. We will collaborate with your child's doctor and other specialists to draw a a complete picture of your family's lifetime costs which include non-financial losses such as suffering and pain.
The damage that is not financial is more difficult to quantify. It is possible to use a variety of methods to quantify these damages, including the per diem method, which is a method of multiplying the amount of time an injury can affect the income of a person's daily by the number of days that it will impact their daily life. Also, we consider the psychological and emotional distress that your child might be experiencing.
Our lawyers will go through your medical records and visit you for a confidential, free meeting to discuss the causes that led to the birth injury of your child. If we find that a medical professional has committed error, we'll file an action on your behalf. In most instances the defendant will settle with the plaintiff without going to trial. However, if the defendant is unable to settle on a fair amount and your case is referred to court.