Caring for and supporting a child with cerebral palsy is expensive. Research suggests that it could reach $1 million for a lifetime of care, depending on the severity of the disorder. Caring involves hospital and medical care, rehabilitation, therapy, and more. This is why if your child’s cerebral palsy is due to medical malpractice, you need to file a lawsuit.
Compensation for You and Your Child
If you, for instance, win a cerebral palsy at birth lawsuit, the party responsible for the child’s injuries will give compensation for the medical treatments associated with caring for the baby. You may also receive money for home care, punitive damages, and pain and suffering. Compensation may also cover:
- Loss of wages
- Physical therapy and physiotherapy
- Special education cost
- Home accommodations
- Assistive equipment and technology
The Exact Amount will Vary
The amount of compensation, of course, will vary depending on individual circumstances. This is why it's difficult to determine the exact compensation for any case. Sometimes, the amount may be a million or less while for others it can be over five million or more. The court will take into account different factors in the case such as the type of cerebral palsy developed, the severity of medical negligence, the state of your residence, and many others.
When filing a cerebral palsy lawsuit, you need to know your state’s statute of limitations. Some may allow two to five years after the injury while others may only allow six months to one year. It's also important to have a clear proof that the doctor or attending physician acted in a negligent way. Medical negligence may be a failure to monitor maternal or fetal distress, failure to diagnose, inappropriate use of birthing tools, and more.
Losing the case is the last thing you would want to happen. This is why it best to hire an experienced birth injury lawyer to help you with your claim. The right legal representation can make the legal process a little less stressful and make sure that your rights are protected.