The birth of a child is an exciting event, but sometimes it turns to grief when parents discover their child was born with a birth injury. It can turn to rage if they discover that their doctor could have prevented it. Injuries like cerebral palsy can completely upend a family’s life, but there is help.
Our experienced Pennsylvania birth injury lawyers are here to help answer your questions after your child’s cerebral palsy diagnosis. We can put you in contact with medical experts who can investigate the causes of your child’s birth injury. If they discover malpractice, we can help you seek compensation for your child’s care.
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What Is Cerebral Palsy?
Cerebral palsy (CP) is a set of neurological disorders that affects muscle coordination, posture, and motor functions. Trauma or a lack of oxygen to the brain can cause it. You may suspect CP in your child if they have poor posture, lack of muscle tone, floppiness, or are rigid. Missed developmental milestones may also be a sign.
This condition may require medical treatment that includes physical therapy, medication, and possibly even surgery. There is no cure for the condition. Some children with CP can live fully functional lives. Others will have to use a wheelchair for the rest of their lives.
While medical error causes not every case of cerebral palsy, many cases are. That’s why speaking with a cerebral palsy lawyer is so important after a diagnosis. Families should not have to pay for care if a doctor committed malpractice.
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Why You Need a Cerebral Palsy Lawyer
The process of filing a claim for a child with cerebral palsy may seem overwhelming. There are many roadblocks, like getting an affidavit of merit, before you can file a claim or a lawsuit. One of our Pennsylvania cerebral palsy attorneys can help you with understanding your rights and best legal options.
A successful lawsuit can recover damages and help bring justice to the responsible parties. This compensation can help pay for care and treatment of your child. It will also let other families and the medical board know that your doctor may not be as skilled as they claimed.
Hiring a lawyer means you can focus on caring for your child’s needs instead of worrying about getting evidence and expert opinions, fighting with the insurance companies, or arguing with the court about how to get your case started. Let our experts help you so you can focus on what matters most.
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What Damages Can I Seek Through My Lawsuit?
A lawsuit seeks compensation for harms known as damages in legal speak. There are two types of damages in most malpractice cases: economic damages and non-economic damages. In a cerebral palsy claim, both are likely.
Economic damages are all justified financial costs related to your child’s injury. The medical bills are the most obvious, but there are many other economic damages you may not know you’re eligible to receive, like wages you’ve lost because you had to take time off work to care for your baby.
Non-economic damages cover the pain and suffering, loss of enjoyment of life, and similar harms caused by an injury. Cerebral palsy can create lifelong challenges, so the amount you could receive in non-economic damages could be substantial.
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What Must My Lawyer Do to Win My Claim?
Our Pennsylvania cerebral palsy lawyers must prove four things to win a malpractice claim. Arguing the amount of your compensation comes after we conclusively prove them. The four things we need to find evidence for are:
- A medical relationship between the defendant and the baby/mother.
- Proof that the defendant violated the standards of care while you were receiving treatment.
- Proof that the violation of the standards of care caused your child’s injuries.
- Proof of your child’s injuries and how they’ve affected your family.
These four things prove the defendant was negligent, and therefore they’re liable for your damages. The next step after this is arguing over the compensation you’re owed, unless the insurer decides they want to fight your claim.
If we cannot come to a fair settlement, then we will take your doctor and their insurer to court so a judge and jury can decide whether you’re owed compensation and how much you could receive. Our attorneys are not afraid of the courtroom and will skillfully argue your case if your case goes that far. Most malpractice cases settle out of court.
How Much Could I Receive From My Cerebral Palsy Claim?
Since there are so many kinds of damages and so many ways a child could be harmed by cerebral palsy, it’s impossible to give an exact amount of how much your case is worth until we perform an investigation.
However, cerebral palsy is a serious birth injury. It would be unusual to receive less than six figures in a settlement or judgment, and much more is possible. On average, the more harm your child and your family have suffered, the more your case will be worth.
During your consultation, you may receive an estimate based on similar cases in the past that our cerebral palsy lawyers in Pennsylvania have seen, but it is only an estimate. Find out how much your case is really worth by letting our team handle your case.
Contact a Pennsylvania Cerebral Palsy Lawyer
At the Birth Injury Lawyers Group, we are dedicated to getting you the help you need in your cerebral palsy claim. We want to help get you the best outcome possible so that you can provide the quality of life to your child that they deserve.
We understand the uncertainty and stress a CP diagnosis can bring and that is why we focus on helping families with a child who suffered a birth injury. Call us today for a free case review.
Our attorneys only get paid if we are successful with your claim, so there is no risk to reach out to us for a free consultation. Get answers about what happened to your child right now by contacting our offices.