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A New York CP lawyer can help you get compensation to pay for the medical costs of your child. Find a firm that has a large staff and has been in business for a long time.
Cerebral palsy lawyers present a case on behalf of their client. They are referred to as the plaintiff. They collect evidence like medical records and expert testimony to make a convincing case.
Diagnosis
Parents might find that their child hasn't reached developmental milestones such as talking, walking or crawling by the age of six months old. They may also experience difficulty controlling their bladders and bowels. Cerebral Palsy can affect the entire body or just one side.
Symptoms include a lack of muscle tone, irregular reflexes or uncoordinated movement. These symptoms result from brain damage, which can disrupt the normal nerve impulses that travel between the brain and the muscles. This causes floppy or rigid muscles.
To diagnose CP, doctors will thoroughly look at your child's movements and muscle tone, looking for signs like whether their legs are crossed over one other or their arms feel too stiff or tension-filled. They will also perform various medical tests to determine whether the issue is caused by cerebral palsy, or another disorder. This includes metabolic testing, genetic testing, and an electroencephalogram.
Treatment
While there is no cure for cerebral palsy, there are treatment options to enable people to live their best lives they can. The medications help with seizures and movement. They also treat other ailments that are a result of the disorder. For instance, spasticity could be treated using medications that relax muscles or by injecting botulinum type A into the muscles affected. Orthotics are used to correct musculoskeletal issues such as joint deformities or the lengthening of muscles.
Some people with cerebral paralysis may also be suffering from other ailments such as breathing difficulties or nutritional deficiencies due to difficulties swallowing. Some require a feeding tube to get nutrition. Some have difficulty communicating, and others might exhibit a variety of behavioral problems.
Cerebral palsy develops from an interruption in the flow of oxygen to the brain. Babies born following difficulties during birth or complications during birth that restrict oxygen flow are at a higher chance of developing this disease. Infections during pregnancy or delivery, such as cytomegalovirus, rubella or herpes simplex virus, and fever can trigger inflammation that can harm the brain's development. The same is true for fetal brain strokes, which can occur when blood vessel abnormalities hinder the brain from receiving enough oxygen.
Legal Representation
Parents of children who have CP are faced with high expenses for medical treatment, therapy and other ongoing costs. A good lawyer can help you pursue an equitable amount of compensation to pay for these and other expenses.
Search for a firm that has a national reputation with birth injury cases and an established track of victories against medical facilities and negligent doctors, as well as corporate insurance companies. The size of the staff, the number of years of experience and evidence of consistent wins are also factors to consider when choosing a firm.
Lawyers who specialize in cerebral palsy may help you file an action to recover damages, which include the cost of medical treatment in the past and the future, pain and suffering and lost earning potential. The claims must be filed within a certain time frame known as the statute of limitations. This differs from state to state.
Most cerebral palsy attorneys are on a contingency fee that means they don't require upfront fees from their clients. This allows families to pursue justice without having to worry about financial burdens in the course of the lawsuit. Additionally, a contingency fee arrangement guarantees that your attorney will not take a charge unless they obtain the settlement or verdict in your favor.
Settlements
A CP lawyer can assist you in determining whether your child's injuries were due to medical malpractice. It is imperative to demonstrate that the medical professional or entity accountable was liable to you under a reasonable standard of care, and breached this duty and caused your child's CP. The next step is to prove damages including medical expenses, lost income, pain and discomfort.
Your CP lawyer will gather evidence, such as expert testimony and written documents after filing the lawsuit in order to build a solid case. To avoid the possibility of trial, the defendant may offer an agreement. Your attorney will negotiate a fair compensation on your behalf.
A cerebral palsy lawyer with experience can help you to speed up the litigation process and increase your chances for financial compensation. Look for a law company that has experience in medical malpractice cases and a track record of securing substantial verdicts. Ask prospective lawyers for proof of their experience and the many clients they have represented. Also, consider the size of their teams and how long they have been in business.
Trials
Lawyers who specialize in cerebral palsy manage all legal aspects of medical malpractice cases to aid families to receive compensation for emotional and physical injuries that their child has suffered. This can include covering the cost of therapies that can give children a better quality of life and allow them to attain their full potential.
If a settlement agreement is reached, cerebral palsy attorneys will negotiate with insurance companies and other liable parties to secure a payout. This may include written documentation as well as expert testimony, witness interviews and more. A third-party mediator can be called in to assist. If the lawyer has built an argument that is strong enough they are likely to convince the defendant to offer an offer of settlement. This is a great result since it avoids the need for a lengthy trial that could last for years.
A New York City lawyer will help you hold nurses and doctors accountable for errors made during difficult births. If the doctor's errors caused your child to suffer from a cerebropalsy injury that was preventable the doctor is liable for their carelessness.
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