Cerebral Palsy and Medical Malpractice Suits
Cerebral Palsy is a group of disorders that causes difficulty using muscles, moving around, and maintaining balance and posture. The symptoms, and severity of symptoms, that someone living with Cerebral Palsy experiences can vary greatly person to person. While some cerebral palsy cases have unknown causes, others have been linked to medical malpractice.
Possible Medical Malpractice Causes of Cerebral Palsy Include:
- Failure to deliver baby in timely manner, leading to loss of oxygen during birthing process
- Failure to monitor the mother properly for prenatal illnesses and infections
- Incorrect measuring of the heart rate during labor, leading to complications
If you believe your child developed cerebral palsy due to medical malpractice, and you have the evidence gathered to prove it, you may want to consider seeking compensation for damages. Cerebral palsy is a lifelong condition — it often profoundly impacts the lives of both the child and the child’s guardians.
Because the effects of cerebral palsy are so far-reaching, it’s important to consider all of the potential costs you might want to have compensated in your medical malpractice lawsuit. We’ve gathered some costs to consider factoring into your medical negligence settlement for cerebral palsy — read on to learn more about each.
Past, Current, and Future Medical Expenses
The most obvious, but also most important, cost to factor into your suit is medical expenses. Cerebral palsy often requires a variety of medical interventions throughout the patient’s life. Once you’ve calculated past and current medical expenses, be sure to estimate projected medical expenses.
While you can’t predict the future, you can begin to calculate future medical expenses by taking into account any ongoing treatments that your child has, and then extrapolating the cost out over future months and years. You may also be able to work with your child’s doctors and specialists to identify potential complications down the road that may require medical intervention.
In addition to treatments for cerebral palsy specifically, also be sure to factor in any medical expenses (past, present, and future) for associated medical conditions. Often, cerebral palsy patients develop associated conditions that require their own treatment plans. Examples of these kinds of conditions include dysphagia, vision problems, digestive issues, and seizures. Be thorough in your evaluation of all current and potential medical expenses so that you can continue to support your child with the treatment they need.
Home Accommodation Expenses
Beyond traditional medical treatment, some cerebral palsy cases require around-the-clock, everyday care. Often, respite care or a home health nurse is hired to help with the day-to-day care tasks. Sometimes, a camp or residential program is also considered. While these resources are hugely helpful, they can also be very costly. Be sure to consider how much money the level of care your child needs will cost and factor it into the lawsuit.
Therapy, Rehabilitation
Many cerebral palsy patients require ongoing work with a therapist and/or rehabilitation specialist to work on various challenges, including the muscle weakness and balance issues that many patients experience. Once again, these programs can be vital but costly — you must factor their cost into your settlement plan.
Lost Income
Taking care of a child with cerebral palsy is a true full-time job. If caring for your child has prevented you from going to work and making an income, this expense can be factored into the lawsuit.
Pain and Suffering
This is one of the more common, but no less important, damages claims that an individual can bring before the court. In the case of a medical malpractice settlement related to cerebral palsy, pain and suffering may be ongoing for the parent or parents of the child as a result of the hardship the disease creates. Pain and suffering may also be experienced by the child, who has to deal with the ramifications of their disease every day. While it’s difficult to put a face value price on pain and suffering, your medical malpractice lawyer will work with you to determine the right dollar amount.
Special Education and/or Life Development Resources
Every cerebral palsy case is unique — some patients may have no trouble hitting life’s milestones, while others will struggle with the worlds of education and work. Hiring a tutor or other educational specialist who has experience with children with disabilities is a great idea, but it can also be costly. In addition, teenagers and young adults with cerebral palsy may have a difficult time with the transition to more independence. Any resources that the child might need to meet these milestones (including transportation, proper care, and more) should be factored into the cost of the settlement number.
Consider Filing a Medical Malpractice Suit for Cerebral Palsy
Cerebral palsy is a serious group of conditions that can cause many hardships, including financial strain, lost income, and high medical expenses. Don’t try to shoulder the cost of cerebral palsy alone. If you think your child developed cerebral palsy as the result of medical malpractice, you deserve compensation for the damages the disease has caused.
Request a Free Consultation with McCoy & Sparks
If you’re ready to get the compensation you deserve, contact McCoy & Sparks for a free and confidential consultation. We’ll gather the details of your situation and help you take the next steps in receiving compensation.
With a combined experience of 40 years helping individuals receive compensation, you can count on us to deliver the best results in your medical malpractice lawsuit.
We’re committed to helping you get the results you need for moving forward with your life. That’s why we’ve been recognized as one of central Kentucky’s best law firms for decades. We’re here to deliver results, and we’ve helped thousands of people just like you. We’ll work with you to develop a strategy that best suits your needs and use our expertise to get you the best results possible.
When you request a free consultation with us, we’ll do our best to get to know you and understand the circumstances of your situation. We’ll then give you a set of options for moving forward with the case as well as the pros and cons of each option so that you can make the best choice for yourself. Finally, we’ll help you negotiate a settlement or move forward with the case in court. You won’t owe us anything unless you receive compensation.
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