If your baby developed cerebral palsy due to medical negligence and mistake, you have the legal right to file a claim for compensation against the negligent party.
What Is a Cerebral Palsy Claim For Compensation?
A cerebral palsy claim for compensation is a legal claim filed in court, stating that you are seeking compensation from the party responsible for contributing to your child developing cerebral palsy.
For instance, in some cases, cerebral palsy may not have developed had your physician properly monitored you for prenatal infections and illnesses. Or perhaps your infant’s heart rate wasn’t measured correctly during labor. Other reasons for medical negligence that can result in cerebral palsy include:
- Failure to schedule and carry out an emergency C-section in time
- Improper use of forceps or other birth-assisting tools during delivery
- Failure to identify umbilical cord and placental problems
- Failure to deliver the baby in time, causing oxygen loss
- Dropping the infant shortly after birth, causing brain damage
Qualifications for Cerebral Palsy Claims for Compensation
In order to file a cerebral palsy claim for compensation, you’ll first need to ensure that the physician (who you feel is responsible) had a medical relationship with you before the negligence occurred.
For example, if a doctor delivered your infant, even if he/she wasn’t your primary doctor, this would still be considered an established medical relationship, as the physician is carrying out your delivery. However, if a physician who has never treated you before offers you advice on how to care for yourself during pregnancy, yet you’ve never been a patient of the doctor, this would not establish a doctor/patient relation.
Prove Cerebral Palsy Was a Result of Negligence
There are numerous factors that can result in a baby developing cerebral palsy. In some instances, there is no cause found at all. In order to have a successful claim for compensation, it needs to be established that your child’s cerebral palsy is a result of medical negligence.
Types of Compensation Commonly Won in Cerebral Palsy Claims
Although it’s impossible to indicate exactly how much compensation you’re entitled to without a cerebral palsy attorney working your case, there are a number of general things that plaintiffs are typically entitled to should they win their case, including:
- Parental lost wages
- Pain and suffering
- Medical expenses (including past, present, and estimated future costs)
- Therapy and rehabilitation costs
- Special education costs
- Home accommodation expenses
- Counseling expenses
Average Compensation Amount for Cerebral Palsy Claims
Although, as mentioned earlier, there isn’t a set way to determine how much compensation you’ll receive for your child’s cerebral palsy claim. It will depend on the severity of the disorder, along with your state’s laws.
For instance, some states allow you to file for non-economical damages, whereas some states may not allow it at all. The states that allow non-economical damages may have a cap limit as to how much you can claim, such as $500,000 in one state, but $100,000 in another. Some states, including New York and Maine, have no non-economic cap limits at all. Your cerebral palsy attorney will be able to help you understand your state’s laws.
Economic damages will vary considerably, again, depending on your state, as well as the severity of your child’s cerebral palsy. On the higher end, such as a 2012 cerebral palsy case in New York, the plaintiffs won more than $100 million, which included both non-economic and economic damages. On the lower end, plaintiffs in Washington won a $5 million settlement for their child’s cerebral palsy.
In general, going to trial will generally yield higher payouts as opposed to settling your case. However, there are pros and cons to both trials and settlements. Your cerebral palsy will work with you closely to determine which type of outcome would work best for you.
Statute of Limitations for Cerebral Palsy Claims for Compensation
Another important factor to keep in mind is that each state has its own statute of limitations when filing cerebral palsy claims. What this means is that you have a certain amount of time from the time your child was diagnosed with cerebral palsy to submit your claim.
Statute of limitations will vary according to state laws. While some states may allow up to 6 years for you to file a claim, others may limit your time period to 1 year from the time you discovered your child’s cerebral palsy.
In some instances, adults with cerebral palsy may wish to file a claim on their own behalf. Some states honor these types of claims, which mandates that the statute of limitations begins when the child turns 18. Most economical experts discourage waiting this long and allowing your adult child to file, as the majority of families living with children who have cerebral palsy will have a host of expenses. The sooner you get compensated, the easier it will be to help care for your child.