Five Cerebral Palsy Lawsuit Lessons From Professionals

cerebral palsy attorney eau claire

If your child has cerebral palsy because of medical negligence or another type of birth injury, our company can make a claim to get you a fair settlement. Our team will evaluate all medical evidence available and calculate your family's lifelong costs to help you obtain the best settlement possible.

The amount of damages

Cerebral palsy can be a permanent condition that affects almost every aspect of a person's life. The effects can be devastation 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 extent of the injury and the number of parties responsible for the injuries.

The majority of cerebral palsy cases are settled out of court. In a settlement agreement both the party who suffered (plaintiff) and the negligent medical professional defendant (defendant) and the defendant agree to settle their case with a amount that is agreeable to both parties. However, if the two sides are unable to reach an agreement the case will go to trial. A jury and judge will then decide how much the plaintiff's due and will decide on the amount based on their verdict.

Keep in mind that your attorney will fight for you to secure the most favorable settlement. A skilled lawyer can present convincing proof of the lifelong costs your child is likely to incur, ensuring you get an amount that is fair. It is also essential to select a cerebral palsy lawyer with a track record. It's a common occurrence to say, but each CP case is different--and the more information your attorney has access to, the more they can increase the value of your settlement. Below are a few examples huge CP settlements and verdicts.

Medical expense

A cerebral palsy settlement may offer money to pay for medical equipment and treatments. It also covers the costs of specialists, caregivers and other services your child needs to live an active, joyful life. This can include medication, special diets and physical therapy.

These costs can be incredibly expensive and your family should not have to bear them alone. Your CP attorney can assist you to obtain the compensation needed to cover these expenses and more.

In many cases, medical errors are the main cause of a CP-causing brain injury. In civil lawsuits medical professionals, nurses, doctors and other medical professionals could be held accountable for their errors.

A woman in her 25th week of pregnancy comes to the emergency department due to extreme pain and low fetal heart rates. The obstetricians let her go, but then returned as the symptoms grew more severe. Eventually, the doctors discover she is laboring however they fail to perform a C-section. The baby is born suffering from heplegic cerebral paresthesia and seizures, and needs medical attention 24/7. The parents sue both the doctors and the hospital and settle for $103,075,618.

You could be eligible for a substantial settlement, regardless what type of CP. The amount you receive will provide your family the financial resources they require to handle the overwhelming expenses.

Pain and Suffering

Cerebral Palsy is a condition that affects the person's balance and posture, and also limits their movement. It is caused by brain disorders that manifest during fetal or infant development. It is impossible to reverse. These disturbances may be caused by infections, abnormalities of the uterus or umbilical cord, problems with the placenta or blood flow, genetic disorders, or medical mistakes during labor and birth.

People with CP suffer from a decreased quality of life. The severity of the symptoms may differ, but they all have an impact on the ability to move, walk and communicate, as well as perform daily activities. They also experience discomfort and pain. Many people have trouble coping with their condition and struggle to receive the appropriate treatment they require.

Adults who suffer from CP experience pain more frequently than the general population and at higher levels. It can affect daily activities and lead to mental distress and depression. It's estimated that about a third of adults with CP report moderate to severe pain.

A seasoned CP lawyer will fight for your child's rights, and ensure that the settlement you get covers all damages and costs over the long term. Even if the injury occurred many years ago, the case can be successfully tried to trial, or settle for an agreement that you consider acceptable. Your legal team may rely on your medical records as well as witnesses' testimony or school records, as well as any other evidence to support your CP injury claim.

Lifelong Costs

Your child's medical needs will continue throughout their lives. If the CP was caused by medical negligence, then you must be compensated with regard to the cost of long-term care and treatment. This includes medical expenses and other costs like therapy education, housing, and equipment. Our CP attorneys will help you determine the costs so that you can be sure that the correct amount in your settlement is included.

A cerebral palsy agreement is a financial settlement between the injured party and a negligent health care provider to settle a matter without having to go to court. Lawyers for both sides will typically attempt to reach an amount of money that both sides are happy with to avoid a trial. If the two parties are not able to come to an agreement in the end, the case will be referred before a judge to be decided by a jury or judge.

Your attorney will prepare a strong argument for your family's claim by gathering evidence of the injuries your child sustained and how the actions of your doctor prior to, during and after birth contributed to that injury. They will also prove that the physician violated the accepted standard of medical treatment for birth injuries. This includes looking over the medical records of your child and bringing in experts to testify and proving that the doctor's mistakes directly led to in your child's CP. They will also analyze the extent of your child's suffering and the effect this has had on their lives.