10% of children are born with cerebral palsy. If your child is one of them, it could be due to medical malpractice. No doubt, if this is the case, your child is going through a tough time having to visit doctors, attend therapy, have tests done, meet with specialists, and take a host of medications you never planned for. Things can get expensive.
Now, when you think long-term, you’ll realize that cerebral palsy is going to be an immense strain on you and your family’s financial situation. That’s why it’s critical to understand your legal rights and the compensation you may be eligible for that will help support your child’s ongoing treatments.
By talking to one of our knowledgeable lawyers who specialize in medical malpractice and birth defects, we can help you fight for the proper care your baby deserves while ensuring the liable parties are held responsible for their medical negligence that resulted in the injuries.
Simply put, cerebral palsy is paralysis of the brain. However, it can refer to a broad range of disorders. The defect affects parts of the brain that control our motor activity and muscle tone, and the severity of cerebral palsy can vary from mild to severe.
Mostly, cerebral palsy includes difficulty controlling the muscles which in turn leads to problems with coordination, balance, swallowing, walking, and speech. In severe cases it can also affect:
There is a range of causes, however, in full-term babies, the common cause is prenatal. In other words, it developed while the baby was in the womb.
There is a far higher risk of cerebral palsy among premature infants. That’s because the premature brain is at an increased risk for bleeding because the baby’s lungs are not yet fully developed. Therefore, the child is more likely to experience respiratory distress, or problems breathing, which in turn results in decreased oxygen to the brain. Other causes of cerebral palsy include:
While cerebral palsy often occurs naturally and is unavoidable, there are times when this life-threatening condition is caused by serious malpractice by the attending medical team during the delivery.
Ongoing treatment for cerebral palsy is financially draining. If your child developed the condition as a result of medical negligence, let our lawyers help you.
In order to succeed with a medical malpractice case involving birth defects, we will have to prove that cerebral palsy was the result of the doctor or hospital staff’s negligence.
We use several expert physicians who will explain to a jury in detail what was done wrong and how the tragedy was caused.
Our highly experienced cerebral palsy team will thoroughly review your baby’s medical records and have our team of medical specialists review the case. We will do everything within our powers to get a full professional opinion for you.
By doing this, we can make an informed decision about your tragedy and how to move forward to protect both your family and your child’s best interested and ensure that the constant care and medical bills will be provided for. We always strive to get maximum compensation for our clients.
We can’t get you a set answer to how long a birth injury case will take, particularly those involving cerebral palsy. However, most birth injury cases tend to be incredibly complex and require lots of patience and time.
Our cerebral palsy team will go through a full range of research, case research, and interviews, which can take a few months to a year. It is very rare for a birth injury case to be resolved in a few months.
Furthermore, we will negotiate with the other party to try and settle before going to trial. This process can take several months. If you or the other party cannot agree on a settlement amount, there are other negotiations that may be entered into. Should a settlement not be decided, your attorney will start preparing your case for trial.
Unfortunately, you will need to prepare yourself and your family for a long process. But remember, once it is all over, you will have the compensation, and the justice, your baby deserves.
It’s hard to determine exactly how much compensation you will get when you win your case. Each child’s situation is different and will require different treatments. Some have such severe cases of cerebral palsy that their lifetime costs for treatments and care can add up to $1 million. Other children with milder cases may require less costly treatment. No matter the severity of your child’s case, the cost of cerebral palsy care is high. Typically, though, you can expect to receive compensation for:
No matter the type or severity of your baby’s cerebral palsy, when your child is diagnosed, it is important to meet with your lawyer as soon as possible. Together with our team of professionals, including physicians, health specialists, and financial experts, we will help you draft a Life Care Plan.
This Life Care Plan is a document that will estimate and detail and type of care your child is going to need over the course of his or her lifetime. It will include all necessary costs. Your settlement should cover the costs, but ideally, it will be a little over so that you can account for inflation as the years go on. Your attorney will work closely with you to determine you and your child’s needs and what to expect.
Depending on your circumstance, and the state you live in, you may also be eligible for punitive damages. These differ from compensation for medical treatments and various other expenses.
Punitive damages are compensation from the responsible party that punished their negligible behavior. So, if a doctor was obviously careless and behaved in a negligent manner that caused your infant to develop cerebral palsy, there is a chance that the physician will have to pay for his or her errors.
Punitive damages are designed to send a clear message to the responsible party and other medical staff and doctors who act in a negligent and unprofessional manner. The message is that it will cost them. Your lawyer will be able to discuss the damages with you and what is or isn’t allowed within your state.
Typically, how and when you will receive your payment will depend on the amount you win. For larger amounts, you may receive the money in installments, but for smaller amounts, you could be paid in full. One of our experienced cerebral palsy attorneys at Dankser & Aspromonte will discuss the entire process with you and what you can expect from the case.
If your case is not appealed, you may start getting payment within a couple of months. This does, however, vary according to the details surrounding your case and the state you live in. If the defendant decides to appeal, compensation could be delayed by several months. In our experience, most cerebral palsy cases are settled before they get to trial, which means an appeal is unnecessary.
We serve the Bronx, NYC Metro, Staten Island, Brooklyn, and Queens areas. Our lawyers will not charge you fees until your case is settled or we win.
If you believe medical negligence is the cause of your child’s cerebral palsy, contact our law firm today. You can reach out to us online or call 212-732-2929. Our lawyers are ready and waiting to assist you.