Receiving a diagnosis of cerebral palsy for your baby can be a confusing and scary situation. CP is a lifelong condition, and you may have some significant concerns about how you will be able to care for your baby and about how you will pay for the ongoing medical care needed.
If your baby’s condition was caused by a medical mistake, you may be able to recover compensation to help cover the costs of medical treatment and other expenses. A cerebral palsy attorney in Philadelphia can guide you through the process.
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Should I File a Malpractice Claim?
Some parents may question whether they want to start the process of a medical malpractice lawsuit after receiving a cerebral palsy diagnosis. Filing a claim can be a stressful process, but it can also be worthwhile because compensation can help cover the cost of early interventions that will give your child the best chance at living an independent life.
By undertaking a claim, you can receive financial compensation that can help you with potentially large medical bills and future medical expenses that your baby will need. Financial compensation can be a significant emotional relief for you and your family.
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Holding a Negligent Doctor Responsible
As you learn more about your child’s condition, you may ultimately discover that medical personnel in the delivery room made an error. A medical error may have caused injury to your baby, leading to the onset of cerebral palsy.
In a case like this, you may want to hire a Philadelphia cerebral palsy lawyer to investigate your case and determine whether you are eligible to pursue a medical malpractice claim. Additionally, a medical malpractice lawsuit may ensure that the doctor who injured your baby will be held liable. Your lawsuit may prevent other families from going through the same hardship.
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Potential Compensation for a Cerebral Palsy Case
If you and your attorney decide that enough evidence exists to move forward with your birth injury claim related to your baby’s cerebral palsy diagnosis, you can recover compensation for several items, including:
- Medical costs: This include costs you have accumulated for the baby’s care related to cerebral palsy to date, as well as an estimation of future medical bills.
- Pain and suffering: This includes compensation for the pain that the baby may be suffering through with cerebral palsy.
- Loss of quality of life: Your child may not be able to enjoy life as much as they could have without cerebral palsy.
According to the Cerebral Palsy Alliance Research Foundation (CPARF), there is no cure, so treatment for cerebral palsy will be ongoing and could increase in the future.
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Are Cerebral Palsy Lawsuits Complicated?
Cerebral palsy cases can be especially challenging, as it takes some work to discover what happened and who should be held liable. When you work with a Philadelphia cerebral palsy attorney, they can handle the legwork required to figure out how this condition manifested for your child. Some necessary steps will include:
- Interviewing witnesses to the baby’s birth
- Reviewing medical records for the mother and baby
- Discussing the case with experts
- Determining whether medical personnel followed the expected procedures and techniques during the birth
- Determining the quality of life that the baby may have as they age
- Negotiating with the medical malpractice insurer on your behalf
How Long Do I Have to File a Cerebral Palsy Claim?
In Pennsylvania, families of children with this condition have two time limits to bear in mind. After the date of your discovery of your child’s cerebral palsy, you have two years to file.
Not all children with cerebral palsy are diagnosed immediately. Sometimes a birth injury goes unnoticed until a child fails to reach developmental milestones. Pennsylvania law allows you to file a CP lawsuit within seven years of your child’s injury.
How a Philadelphia Cerebral Palsy Lawyer Can Help
Our law firm knows how difficult it can be to negotiate with the doctor’s insurer while also trying to care for your baby. Our legal team of CP attorneys in Philadelphia will begin working on your case as soon as you decide to hire us. We take pride in defending the rights of victims.
Should the medical malpractice insurer refuse to come to a fair settlement during negotiations, we will represent your interests in court. We work on a contingency fee basis, which means we do not receive payment until the case reaches a settlement.
Call the Birth Injury Lawyers Group Today
Contact the Birth Injury Lawyers Group today for a free review of your case. We know how insurance companies treat medical malpractice victims, seeking to convince them to accept a lower settlement offer than they may deserve. We will counteract those techniques, giving you an advocate who will stand by your side throughout the process.