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Around 10% of all diagnosed cerebral palsy cases occur due to medical mistakes, with risk factors including maternal infections, head injuries, and infant jaundice. A defendant may decide on a cerebral palsy settlement for medical malpractice for various reasons. The time to get compensation from a settlement is typically shorter than going to trial.
Cerebral Palsy Settlement Defined
A cerebral palsy settlement is defined as two parties, you and the defendant, agreeing to settle the lawsuit out of court for a specified amount of compensation.
In most instances, these medical malpractice lawsuits end in settlements before they reach trial, especially if the evidence against the defendant is overwhelming. Settlements are favorable because jury decisions cannot be guaranteed.
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How Settlements Are Negotiated
After your attorney presents evidence of medical neglect, the other party will see the evidence stacked against them. The more supporting evidence your cerebral palsy attorney shows, the better the chances are that the case will settle for a fair amount.
Of course, the amount the defendant is willing to settle on will depend on how severe your child’s disorder is.
For example, your child has a mild case of cerebral palsy and doesn’t require much medical care. In that case, the settlement amount will be lower than that of a child with severe cerebral palsy and a host of associated disorders.
How Are Case Values Determined For Cerebral Palsy Settlements?
There aren’t clear-cut guidelines that attorneys go by when determining the case value of a cerebral palsy case. Numerous factors help them determine the best settlement amount, including:
- The child’s medical bills, including past, present, and future
- Physical pain and suffering
- Emotional pain and suffering
- The estimated loss of future earning potential
- Loss of enjoyment of life or hindrance from activities
Example of a Cerebral Palsy Settlement Case
In January 2014, the parents of a young boy with cerebral palsy won a settlement of $9 million.
According to court documents from the federal court in Honolulu, Noah Whitney was born with a “catastrophic brain injury” due to medical mistakes that occurred at the Tripler Army Medical Center in Honolulu, Hawaii.
The lawsuit alleged that on September 7, 2010, the staff at the medical center didn’t appropriately respond to the infant’s mother when she developed a uterine rupture.
In turn, they failed to perform an emergency cesarean section due to a “failure to notify and consult the obstetrician who had been managing promptly.”
The medical mistakes led to baby Noah developing severe brain damage and cerebral palsy. He will require 24-hour care for the rest of his life.
The family will be paid a lump sum of $5 million, with the remaining $4 million paid in disbursement throughout Noah’s life. Although settlements are typically confidential, they become public if they involve a government institution.
Frequently Asked Questions About Cerebral Palsy Settlements
What are damages?
Damages is a term used to describe the different types of compensation to which you’re entitled in a settlement. For example, general costs, also known as non-economic damages, provide compensation for emotional stress, physical pain, loss of enjoyment of life, and similar injuries.
On the other hand, economic damages provide compensation for medical expenses, rehabilitation costs, educational costs, loss of gainful employment, and related issues that affect finances.
Is there a minimum or maximum amount of damages I can get for my settlement?
There is no minimum amount you can get in a cerebral palsy settlement. Some states have caps on the maximum amount you can receive, but this amount will vary significantly. Some states also allow only economic damages in settlement cases, whereas other states allow both.
What if the settlement offer is too low, and I don’t want to take it?
It’s ultimately up to you whether you agree to a settlement amount or not. If you feel that the offered settlement amount is too low, you can refuse the offer, which is understandable, as caring for a child with cerebral palsy often means expensive medical treatments and other associated costs.
Keep in mind that just because you refuse a settlement offer, it doesn’t automatically mean that your case will go to court. Your attorney will generally try to negotiate a higher settlement amount on your behalf.
When do I get my settlement compensation?
Once it’s been negotiated, the settlement process generally takes anywhere from two to six weeks to sign all the documents and forms that you need to sign. It also gives your attorney and the defendant’s insurance company to get everything in order.
You may receive your settlement in full, or you may get a lump sum, followed by regular monthly payments. Your attorney will go over the specifics with you.
- Causes and Risk Factors of Cerebral Palsy. (2019, September 23). Centers for Disease Control and Prevention.
Retrieved from: https://www.cdc.gov/ncbddd/cp/causes.html
- Damages in Medical Malpractice Cases. (n.d.). Justia: Free Law & Legal Information for Lawyers, Students, Business and the Public.
Retrieved from: https://www.justia.com/injury/medical-malpractice/damages-in-medical-malpractice-cases/
- What is a Settlement Conference? | Justia. (n.d.). Justia: Free Law & Legal Information for Lawyers, Students, Business and the Public.
Retrieved from: https://www.justia.com/trials-litigation/alternatives-to-court/settlement-conferences/
- Fact Sheet: Understanding Non-Economic Damages. (n.d.). Center for Justice and Democracy at New York Law School.
Retrieved from: https://centerjd.org/content/fact-sheet-understanding-non-economic-damages
- Family seeks $9 million in alleged botch birth. (2015, August 7). Hawaii News Now.
Retrieved from: https://www.hawaiinewsnow.com/story/29736629/family-seeks-9-million-in-alleged-botch-birth/
- Kelleher, J. (2014, January 29). Lawyers: $9M settlement for boy’s cerebral palsy. The Washington Times.
Retrieved from: https://www.washingtontimes.com/news/2014/jan/29/lawyers-9m-settlement-for-boys-cerebral-palsy/