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Cerebral palsy (CP) is a group of conditions that affect movement and posture. There are many different causes of CP, including lack of oxygen during labor and delivery. When CP is caused by medical malpractice, a child’s parents may pursue legal action to recover financial compensation for their losses.
Through a medical malpractice lawsuit against medical providers and/or a hospital, you can recover money for medical bills, lost wages, reduced earning capacity, and other losses. The value of a cerebral palsy settlement will depend on multiple factors, including how severely affected your child is by this disability. Our White Plains birth injury lawyers will fight to get you maximum compensation for your losses.
The Law Offices of Thomas L. Gallivan advocates for the rights of families throughout New York whose children have been diagnosed with cerebral palsy due to medical negligence. We handle all cases on a contingency fee basis, so you will never have to pay a fee unless we recover money for you. To learn more or to talk to a New York medical malpractice lawyer, reach out to our law firm today.
What Is a Cerebral Palsy Settlement?
Cerebral palsy has multiple possible causes. While it is sometimes unavoidable, it is often preventable. When CP is caused by a maternal infection that went untreated or a lack of oxygen during labor and delivery, it may be a form of medical malpractice.
When a child has CP linked to medical negligence, their family can pursue a claim against the medical professional(s) responsible for the birth injury. To prove that a healthcare provider was negligent, you will have to show that they failed to adhere to the accepted standard of care for the industry. In other words, you will need to prove that a reasonably competent physician with similar education and training would have done something different in similar circumstances.
For example, if a reasonably competent obstetrician would have performed an emergency cesarean section if a baby showed signs of distress, then a failure to do so would constitute medical negligence. In this situation, a family could file a medical malpractice lawsuit on behalf of their child and themselves.
Through a lawsuit, a family can recover financial compensation for both their financial (economic) and intangible (non-economic) losses. This may include:
- Medical expenses, including medications, hospital stays, surgeries, and ongoing therapies;
- Costs for assistive devices and medical equipment for the child;
- Renovations to the home and/or vehicle that may be necessary to accommodate a child’s disability;
- Lost wages for parents who take time off from work to care for the child;
- Reduced earning capacity of the child;
- Pain and suffering for both the child and their family;
- Loss of enjoyment of life for the child;
- Disfigurement;
- Emotional distress; and
- Loss of consortium based on the strain on familial relationships.
If a child dies as a result of their cerebral palsy, then the family may also recover funeral and burial expenses in a wrongful death lawsuit. In more extreme cases, such as an obstetrician showing up to the delivery room under the influence, you may also be entitled to punitive damages. These damages are only awarded in cases involving intentional or reckless conduct.
A cerebral palsy settlement cannot make your child whole again. However, it can help to provide the financial support necessary to help your child live the fullest possible life. It can also help you find some measure of justice for your child and your family. Our law firm can help you get maximum compensation for your losses.
Claims and Settlements in Cerebral Palsy Cases
In New York, there is a time limit for filing personal injury lawsuits. In general, for medical malpractice claims, the statute of limitations is 2.5 years from the date of the malpractice or the date that you either discovered or should have discovered the injury. The statute of limitations for infants, however, is longer. Because of the statute of limitations, it is often necessary to file a lawsuit in order to preserve your legal rights.
Filing a lawsuit does not mean that your case will go to trial. However, medical malpractice cases are usually contested by the defendants. That said, the majority of personal injury claims are resolved outside of court, and in many instances erebral palsy lawsuits can be resolved through a settlement. As New York medical malpractice lawyers, our goal is to try to maximize your recovery, and resolve cases quickly so that our clients can move forward with their lives.
Once the lawsuit is filed, the pre-trial process will begin. This includes discovery, where the parties exchange documents and information. The discovery phase is particularly important, as it can often help to uncover evidence that may increase the value of your settlement. For example, if your attorney obtains records that show that other medical professionals were concerned about the doctor’s decision during your child’s birth, that can be important in demonstrating liability.
Doctors and other healthcare providers are represented in these claims by their medical malpractice insurer. These insurance companies have an interest in resolving your claim for as little money as possible. For this reason, it is important to have your own legal representation to protect your legal rights.
If you are approached by an adjuster or other representative of the insurance company or hospital or doctor,, do not give a statement, sign any paperwork, or agree to a settlement. Even if the offer seems generous, it may not be enough to fully cover your losses.
There is no cure for cerebral palsy, so your child will likely need ongoing treatment for the rest of their lives. You should never accept a settlement or even talk to the insurance company before consulting with a lawyer. Our team of experienced White Plains cerebral palsy lawyers will handle all communications on your behalf and will work hard to protect your interests.
Our law firm has a track record of success in medical malpractice cases. While we can’t guarantee a particular result, we can promise you that we will fight to get you maximum compensation for your losses. If your child has been diagnosed with cerebral palsy, don’t hesitate to reach out to schedule a confidential consultation with a member of our legal team.
Factors That Affect Cerebral Palsy Settlement Size
Cerebral palsy can affect each person differently. Symptoms can vary widely depending on the area of the brain affected and the amount of damage to the brain. For example, some people with cerebral palsy can walk without assistance, while others require more significant help in getting around. Some people with cerebral palsy have intellectual disabilities, while others go on to thrive in academic settings and in the workforce.
For this reason, there isn’t any such thing as an “average” cerebral palsy settlement. Our law firm has recovered as much as $9.5 million in a cerebral palsy settlement, but each case is unique. There are many factors that impact the size of a cerebral palsy settlement, such as:
- Nature and severity of the disability
- Past and future medical costs
- Loss of future earning potential
- Pain and suffering
- Whether liability is clear
For example, the family of a baby that is diagnosed with a more severe form of cerebral palsy who will require 24-hour care for life will likely recover more than a family whose child is mildly affected by CP. Similarly, if the evidence of medical negligence isn’t strong, then the settlement will likely be lower than in a case where liability is obvious.
During a free initial consultation, you will get a chance to tell your story to our New York birth injury attorneys. They will listen with compassion before offering you advice on your legal rights and options for pursuing a claim. They will also give you a ballpark estimate of the value of your claim, which may increase or decrease as the case proceeds.
If you decide to hire our law firm, we will start to gather evidence and perform legal research. We will consult with medical experts, interview witnesses, request and review medical records, and talk with your child’s treating doctors and therapists. We will also take over all communications with the insurance company.
Once our research and investigation are complete, we will send a demand letter to the insurer. This demand letter will contain three parts: (1) a description of the facts of the case; (2) an explanation of why the medical professional is liable for your child’s CP under New York laws; and (3) a demand for compensation.
The medical malpractice insurance company will perform its own investigation. It will then typically respond with a counteroffer. Typically, we will negotiate with the insurance company and try to reach a fair settlement.
Due to the statute of limitations, it is often necessary to file a lawsuit to preserve your legal rights. Keep in mind that this does not mean that your case will go to trial. Instead, it gives us the chance to keep negotiating while we learn more about the case. Settlement discussions may continue up until the eve of trial.
If the insurance company refuses to offer you fair compensation, then we will take your case to trial. In court, we will make arguments, present evidence, and question witnesses. We will then ask the jury to return a verdict in your favor.
Going to trial is unusual in any personal injury case. Whenever possible, we work to resolve your case through settlement. In any case, you can have peace of mind that we will fiercely advocate for your right to full compensation.
Help for Families Affected by Birth Injuries
Cerebral palsy is a lifelong condition that can cause a range of symptoms. While cerebral palsy can have many different causes, it is often the result of medical negligence. If your child has been diagnosed with CP that you believe was caused by medical malpractice, our law firm will fight to get you justice.
The Law Offices of Thomas L. Gallivan represents clients throughout the state of New York on a variety of medical malpractice claims, including cerebral palsy caused by birth injuries. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more, call us at 914-220-1086 or fill out our online contact form to schedule a free consultation with a New York birth injury attorney.
