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A New York CP lawyer can assist you in obtaining compensation to cover the medical costs of your child. Find a firm that has a large staff that has been operating for a long time.
Cerebral palsy lawyers present a case on behalf of their client, also known as the plaintiff. They collect evidence like medical records and expert testimony in order to build a strong case.
Diagnosis
The specific symptoms of cerebral palsy differ, but many parents notice that their child is missing developmental milestones, such as walking, talking, or crawling at about six months old. The child may also have difficulties controlling their bladder or bowels. Cerebral palsy can affect one side of the body, referred to as hemiplegia. It can also affect both sides of the body or all four limbs. called quadriplegia.
Insufficient muscle tone or uncoordinated movements are the signs. These symptoms are caused by brain damage that disrupts the normal nerve impulses that flow between the brain and muscles. This causes floppy or rigid muscles.
To determine if your child has CP, doctors will thoroughly look at your child's movements and muscle tone, looking for things like whether their legs are crossing over each and their arms feel too stiff or tense. They'll also conduct a variety of tests to determine whether the issue is caused by cerebral palsy or a different condition such as metabolic tests and cerebral palsy genetic testing. They will also perform an electroencephalogram (EEG).
Treatment
Although there isn't a cure for cerebral palsy however, treatment options help people live the best lives that they can. The medications help with seizures and movement. They also treat other issues that are a result of the disorder. Spasticity can be treated using medication that relaxes muscles or injecting botulinum type B into affected muscles. Orthotics are used to treat musculoskeletal disorders such as joint deformities or the lengthening of muscles.
People with cerebral palsy may also suffer from other ailments, such as difficulty breathing or a lack of nutrition due to trouble swallowing. Some require a feeding tube to receive nutrients. Some have difficulty communicating, while others might display several behavioral issues.
The cerebral palsy is caused by a disruption in the flow and oxygenation of the brain. Babies born after a difficult labor or birth complications that hinder the flow of oxygen are more at risk for developing this condition. Infections during pregnancy or delivery like cytomegalovirus rubella or herpes simplex virus and fever, can trigger inflammation that harms the developing brain. The same can be said for fetal brain strokes, which can occur when clots or blood vessel abnormalities prevent the brain from receiving enough oxygen.
Legal Representation
Parents of children with CP are confronted with high cost of therapy, medical bills and other ongoing expenses. A skilled lawyer can assist you in pursuing fair compensation to pay for these and other expenses.
Choose a firm that has a national presence in birth injury cases, and a track of victories against medical facilities and negligent doctors, as and corporate insurance companies. When choosing a firm you should also take into consideration the size of the staff, how long they have been in business, and their track record of winning cases.
Cerebral palsy lawyers may make a claim on your behalf to claim damages for past and future medical bills, pain and suffering, and loss of future earnings potential. The claims must be filed within a specified time period, also known as the statute of limitations that varies from state to state.
Most cerebral palsy attorneys operate on a contingency basis, which means they do not demand upfront costs from their clients. This lets families pursue justice without worrying about financial difficulties during the litigation. A contingency fee agreement guarantees that your attorney will not be compensated unless they obtain a favorable settlement or verdict for you.
Settlements
A CP attorney can help you determine whether or not your child's injuries are the result of medical negligence. It is crucial to prove that the medical professional or entity accountable owed you a reasonable duty of care, but violated this duty, and caused your child's CP. Then, you'll need to prove the damage that include medical bills, lost income, and suffering and pain.
Your CP lawyer will collect evidence, such as written documentation and expert testimony, after filing an action to construct a solid case. The defendant will likely offer an offer of settlement to avoid trial. Your attorney will negotiate a fair settlement on your behalf.
A knowledgeable cerebral palsy lawyer will dramatically cut down the length of your lawsuit and increase your chances of getting financial compensation. Look for a firm that has experience in medical malpractice cases and has a history of success in securing large verdicts for clients. Ask prospective lawyers to provide evidence of their experience and how many clients they have represented. Also, think about the size of their team and how long they've been in business.
Trials
Cerebral palsy lawyers handle the legal aspects involved in a medical malpractice lawsuit to help families obtain compensation for the physical and emotional injuries their child has sustained. This can include the expense of therapies that could give children better quality of living and help them reach their full potential.
In the case of a settlement, cerebral palsy lawyers will bargain with responsible parties as well as insurance companies to obtain the payment. This process may involve written documentation and expert testimony, witness interviews and more. A third party mediator can be hired to assist. If the lawyer has crafted an adequate case they can likely convince the defendant to agree to an offer of settlement. This is the most desirable outcome as it eliminates the need for a trial which can take years.
The right New York City lawyer can help you hold doctors, nurses and hospitals as well as other healthcare providers accountable for errors made during difficult births. If the mistakes of the doctor led your child to suffer from a preventable cerebral palsy injury and they are responsible for their negligence.
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