Ten Myths About Cerebral Palsy Case That Don t Always Hold
Cerebral Palsy Lawyers
A New York CP attorney can help you get compensation for the medical costs of your child. Look for a firm that has a large team and has been in operation for a long time.
Cerebral palsy lawyers file a claim on behalf of their client, also known as the plaintiff. They collect evidence, including medical records, as well as testimony from experts, to make a solid case.
Diagnosis
The specific symptoms of cerebral palsy vary however, many parents are aware that their child has a problem with developmental milestones such as walking, talking, or crawling as young as six months old. They may also experience difficulty controlling their bladders and bowels. Cerebral palsy may affect the entire body or one side.
The signs include a lack muscle tone, uneven reflexes, or uncoordinated movements. They are caused by brain damage that interferes with the normal flow of nerve impulses between the brain and muscles and causes stiff or floppy muscles.
Doctors will assess your child's movement and muscle tone to diagnose CP. They will check for things such as whether the legs feel crossed or if their arms feel too stiff or tension-inducing. They'll also run a variety of medical tests to determine if the issue is caused by cerebral palsy or another condition. They will perform metabolic tests as well as genetic testing and an electroencephalogram.
Treatment
While there is no cure for cerebral palsy however, treatment options can help people live the most satisfying lives possible. The medications help to improve movement, reduce seizures and treat other issues that are related to the condition. Spasticity can be treated using medications that relax the muscles, or by injecting botulinum type B into affected muscles. Surgery to correct musculoskeletal concerns like joint deformities and muscle lengthening (orthotics) is also an option.
People with cerebral palsy could have other medical conditions such as breathing problems or a lack in nutrition due to difficulty swallowing. Some people require feeding tubes to gain nutrition. Some individuals have difficulty communicating and some may display many behavioral issues.
The cerebral palsy is caused by a break in the flow of oxygen to the brain. Babies who are born after an uneasy birth or have complications during birth that restrict oxygen flow are at a higher risk of developing this condition. The presence of infections during pregnancy or during delivery, such as cytomegalovirus, rubella, herpes simplex virus and fever can cause inflammation that affects the developing brain. Fetal stroke can also occur when blood vessel disorders or clots prevent the brain from receiving adequate oxygen.
Legal Representation
Parents of children with CP are stricken by high costs for therapy, medical bills and other ongoing costs. A skilled lawyer can help you pursue fair compensation to pay for these and other expenses.
Search for a firm that has a national reputation in birth injury cases and has a track of victories against medical facilities and negligent doctors as well as corporate insurance companies. Staff size, years of operation, and evidence of steady victories are other aspects to consider when selecting a firm.
Cerebral palsy lawyers can file a claim on your behalf to recover damages for future and past medical expenses as well as pain and suffering and loss of future earnings potential. The claims must be filed within the time period, also known as the statute of limitations which is different for each state.
The majority of cerebral palsy lawyers work on a contingency basis, which means they do not demand upfront costs from their clients. This enables families to seek justice without having to worry about financial burdens during the lawsuit. Additionally, a contingent fee arrangement guarantees that your lawyer does not charge a fee until the attorney is able to secure a settlement or verdict in your favor.
Settlements
A CP lawyer can assist you in determining whether your child's injuries were due to medical malpractice. This requires demonstrating that the medical professional at fault or entity was obligated to you to exercise reasonable care, breached the duty, and in turn caused your child's CP. The next step is to prove damages, such as medical expenses, lost income, discomfort and pain.
Your CP lawyer will gather evidence, including written documentation and expert testimony, after filing an action to create a solid case. In order to avoid a trial, the defendant might offer an offer of settlement. Your attorney will negotiate a fair and reasonable settlement on your behalf.
A cerebral palsy lawyer with experience will be able to assist you to speed up the litigation process and increase your chances of obtaining financial compensation. Find a firm who has experience with medical malpractice cases and has a track record of success in securing significant verdicts for clients. Ask prospective attorneys for evidence of their expertise, and the number of clients they have represented. Consider the size of the team and how long the firm has been in business.
Trials
Cerebral palsy lawyers take care of the legal aspects of a medical malpractice lawsuit to assist families in obtaining compensation for the emotional and physical damage their child suffered. This may include a costs of therapies that provide children with a better quality of life and help them achieve their full potential.
In the event of a settlement, cerebral palsy lawyers will negotiate with liable parties and insurance companies to obtain the payout. This may include documents written by experts, expert testimony, witness interviews, and more. A third-party mediator is often hired to assist. If the lawyer has a solid case, he is likely to convince the defendant of a settlement. This is the ideal outcome as it avoids the need for a lengthy trial that could take a long time.
The best New York City lawyer can assist you in holding doctors nurses and hospitals, as well as other healthcare providers accountable for the mistakes made during difficult births. If the error of a doctor caused your child to suffer a preventable cerebral palsy injury, they deserve to pay for their carelessness.