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How to Make a Cerebral Palsy Legal Claim
Cerebral dysplasia is a serious condition that can impact children's lives in various ways. Parents of children who suffer from cerebral palsy might be capable of filing a medical malpractice lawsuit to recoup life-changing financial compensation.
Most lawsuits settle through a settlement, rather than trial. This is because lawyers want to ensure that their clients get paid quickly and trials can be costly.
Costs of Cerebral palsy Treatment
If your child has cerebral palsy, the disorder will require a long-term medical treatment to alleviate symptoms and encourage the highest level of functioning. This could involve physical therapy, speech or occupational therapy which may be enhanced by medications, surgeries as well as assistive devices and changes to the home. These therapies can be very expensive and beyond the budgets of a lot of families.
According to cerebral palsy lawsuit hesperia conducted by the Centers for Disease Control (CDC) the cost of lifetime treatment for those suffering from cerebral palsy may exceed $1 million. This includes direct costs for things like wheelchairs and home modifications, as well as indirect costs for services like counseling and psychiatric care.
In some instances your child might require surgery to lengthen stiff or tight muscles or remove a bone that is malformed or straighten a spine. Treatments, such as seizure suppressants and pain relievers and muscle relaxants are often required. You may require a 24-hour caregiver or nurse according to the severity of your child's illness.
A legal settlement or a jury verdict in the case of a birth injury can assist you in recovering costs associated with treating your child's CP, and paying for the specialized treatment. To schedule a free consultation, contact an experienced attorney. At ABC Law Centers, we do a thorough investigation and work with medical experts to determine if negligent doctor contributed to the brain injury of your child. We don't charge a fee until you win.
Loss of Future Earning Potential
A child with cerebral palsy may have to attend lots of appointments with doctors and therapy sessions. They also require equipment such as wheelchairs and adaptive technology. This can put stress on the finances of your family. Our skilled lawyers can assist you get compensation for these expenses.
As your child gets older, the severity of their CP could affect their ability to earn money and be productive. This could have a negative impact on the quality of life of your child and your financial future as a family. A reputable New York medical negligence lawyer can determine how much damages you could be entitled to. This includes both economic and non-economic compensation.
CP can cause trouble walking, stiffness in muscles, crossed legs and arms tucked to one side (abnormal gait). Other signs could be muscle weakness or a lack of ability to open joints fully. There are a variety of kinds of cerebral palsy and the severity of each type can vary. Spastic cerebral palsy is the most frequent and causes jerky, limited movements and muscles that aren't able to stretch. Hypertonia and hypotonia are other types of CP.
Cerebral palsy can be a permanent condition that cannot be cured. It is often caused by an injury to the brain that occurs before, during or shortly after birth. An error in medicine, for example oxygen deprivation during the birth process is usually to blame.
Pain and Suffering
While cerebral palsy can make certain movements difficult, the disorder typically does not cause physical pain. It can cause mental and emotional anguish and depression, which can lead to depression and anxiety. Other disabilities may also affect children, such as visual or hearing impairments. They may also have cognitive problems or delays in speech.
The condition is caused by damage to the brain. This can happen in the course of pregnancy, delivery or even immediately after birth. It is often due to a lack of oxygen to certain brain organs. It can also be due to medical negligence, such as a doctor failing to take into account the woman's pre-existing health issues or a medical error during the delivery procedure.
A doctor can detect cerebral palsy by conducting an exhaustive physical examination of a toddler or child to find signs of low muscle tone and spasticity in the hips, knees, ankles and shoulders, and balance problems. A CT or MRI scan can be used to detect brain injury.
If your child has been diagnosed with cerebral palsy, it is important to consult a medical negligence attorney in New York as soon as possible. In an action, you will seek compensation for ongoing care and expenses associated with treatment as well as financial compensation for the pain and suffering you've endured. Do not put off filing. The law gives you a specific time frame to file a lawsuit.
Financial Compensation
Raising a child with cerebral palsy can be extremely expensive. Families might need funds to pay for medical treatments, support services, therapy equipment and other things that aren't covered under insurance. Families that are facing this burden could benefit from a large jury award or an out-of court settlement.
Sokolove Law's lawyers can help you get financial compensation for the treatment of your child as well as other expenses. We will work together with your child's physician and other specialists to create a an accurate picture of your family's expected life-time costs as well as non-financial damages like pain and suffering.
Non-financial damages are more difficult to quantify, but we can employ a variety of methods for calculating the damages, such as the per diem method (the number of days an injury will affect the life of a person multiplied by their daily rate of income). We also consider the mental and emotional stress caused by the condition of your child.
Our lawyers can examine medical records and talk to you in a no-cost consultation that is confidential to discuss the circumstances that caused your child's birth injury. If we conclude that a medical professional committed error, we'll file an action on your behalf. In the majority of cases, the defendant will negotiate a settlement with the plaintiff prior to going to court. If, however, the defendant is not willing to settle on a fair amount the case will be taken to court.
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