A Brief History Of Cerebral Palsy Lawsuit In 10 Milestones
cerebral palsy law firms Palsy Settlement
Our firm is able to make a claim if your child has cerebral palsy due to medical negligence or other birth injuries. We will then get you an appropriate settlement. Our team will evaluate all available medical evidence and calculate your family's future costs to help you secure the highest settlement possible.
Damages
Cerebral palsy is a condition that is a permanent condition that affects nearly all aspects of life. The effects can be catastrophic but if CP is the result of medical negligence, the family members could be entitled to compensation. The amount of damages is determined by the degree of the injury as well as the number of people who are responsible for the injuries.
Most cerebral palsy cases are settled out of court. In a settlement agreement both the injured party (plaintiff) and the medical professional who was negligent defendant (defendant) will agree to settle their case in a manner that is agreeable to both parties. If, however, both sides fail to reach an agreement, the case will go to trial. A judge and jury will then decide how much the plaintiff's due, via their verdict.
Be aware that your lawyer will fight to get you the best settlement that is possible. A lawyer who is skilled can provide convincing evidence of the costs that your child will be liable for so you get an equitable settlement. It is important to hire cerebral palsy lawyers with experience. It's common knowledge to say, but every CP case is different--and the more information your attorney has access to, the more they will be able to maximize your settlement. Below are some examples of large CP verdicts and settlements.
Medical Costs
A cerebral palsy settlement could provide funds to pay for medical equipment and treatments. It can also cover the costs of caregivers, specialists, and other services required by your child to enjoy a full life. This includes the cost of medication, special diets as well as physical therapy.
These expenses can be extremely expensive and your family shouldn't have to cover them all on their own. Your CP attorney can assist you to obtain the compensation needed to cover these expenses and more.
In many cases medical errors are often the cause of a brain injury which leads to CP. In civil lawsuits doctors, nurses and other medical professionals can be held accountable for their mistakes.
A woman is admitted to the emergency room in the 25th week of her pregnancy with extreme pain and low fetal heart beats. The obstetricians discharged her, but then returned as the symptoms grew more severe. Eventually, the doctors discover she is experiencing labor and fail to perform a C-section. The baby is born with heplegic brain palsy and a seizure disorder, and requires 24/7 treatment. The parents file a lawsuit against the doctors and the hospital for medical negligence and settle for $103,075,618.
No matter what type of CP, you may be entitled to a significant amount in an agreement. The amount you receive will provide your family the financial support they need to manage the overwhelming expenses.
Suffering and Pain
Cerebral Palsy is a condition that affects a person's balance and posture, and can also limit their movement. It's caused due to disturbances in the brain during fetal development or infancy. It's not able to be reversed. These problems could be caused by infection, abnormalities of the umbilical cord, uterus, placenta, issues with blood flow or genetic disorders.
People suffering from CP have a diminished quality of life. The severity of the symptoms varies but they all impact their ability to move and walk, communicate, and perform everyday activities. They also experience discomfort and pain. Many sufferers struggle with their condition and are unable to receive the care they require.
Adults with CP experience pain more often than the general population and at higher levels. It can affect daily activities and can cause mental stress and depression. More than a third (35 percent) of people with CP experience moderate to severe pain.
A seasoned CP attorney will fight for your child's rights and ensure you receive an amount that covers all damages and costs. Even a case that is filed years after the birth injury has occurred can be successfully fought all the way to trial or to a settlement you find acceptable. Your legal team can use your medical records, witness testimony school records, and other evidence that supports your CP injury case.
Lifelong Costs
Your child's medical needs will be present throughout their entire life. If their CP was the result of medical malpractice, you need to be paid for the ongoing cost of care and treatment. This includes medical expenses as well as other costs such as therapy, education, housing, and equipment. Our CP attorneys will help you determine the cost to ensure that the correct dollar amount in your settlement is included.
A cerebral palsy agreement is an agreement that is a financial settlement between an injured person and negligent health care provider in order to settle a matter without having to go to court. Lawyers representing both parties will typically attempt to reach a dollar amount that both sides are content with, so that there is no need for the need for a trial. However, if the two parties fail to agree the case will go to court for a trial verdict by a judge jury.
Your attorney will build a solid case for your family's claims by obtaining evidence of the injury your child sustained and how the actions of your doctor before, during and after birth contributed to the injury. They will also show that the doctor's actions were not in accordance with the accepted guidelines for the treatment of birth injuries. This means examining the medical records of your child as well as bringing in expert witnesses and proving that the doctor's mistakes directly resulted in your child's CP. They will also determine the suffering and pain suffered by your child, and the impact on their life.