Damages for Cerebral Palsy

Cerebral palsy is an umbrella term for a group of disorders that impact someone’s ability to move and keep balance and posture. It constitutes childhood’s most common movement disorder. Tragically, it can be caused by a health care provider’s professional negligence before, during, or after childbirth. As a parent, it can be devastating to know that your child could have had a very different life, and it can be financially difficult to provide your child with all that he or she needs to live well over a lifetime. You may be dealing with your own mental anguish as a parent, on top of the practical considerations. The provider responsible for your child’s cerebral palsy should be held accountable for the many losses that may accompany a baby or child’s cerebral palsy. If you are concerned about recovering damages for cerebral palsy, it is crucial to consult experienced Syracuse birth injury lawyers who seek best results. DeFrancisco & Falgiatano Personal Injury Attorneys has sought justice for injured babies, children and families, for more than thirty years.

Cerebral palsy is a lifelong condition that affects movement and muscle tone or posture and it is usually caused by damage that occurs to a developing brain typically during gestation. Often symptoms become evidence to parents during infancy and preschool years. Typically, the condition causes impaired movements related to floppy or spastic limbs, exaggerated reflexes, unusual posture, unsteady walking, and involuntary movements. When children have cerebral palsy, they may find it difficult to swallow and may find their two eyes can’t focus on the same object. They may suffer muscle stiffness so severe they can’t fully move their joints. Some children have intellectual disabilities or epilepsy as part of their cerebral palsy. Children sometimes also have difficulty talking or eating. There may be drooling or issues sucking. Cerebral palsy may affect the whole body or one or both limbs.

Other neurological problems could include hearing difficulties, vision difficulties, seizures, pain, abnormal touch sensations, bladder trouble, mental health disorders, bladder issues, and bowel problems. Symptoms, other than muscle rigidity and shortening, may not worsen with age, but they can become more evident. Early diagnosis can be important, and you should seek medical care for any concerns about your child’s development or unusual bodily movements and coordination.

The amount of damages our lawyers may be able to recover depends on the severity of your child’s cerebral palsy and what needs he or she has. Generally, with birth injury cases, we can recover compensatory damages. These are damages intended to put you back in the place where you would have been had you and your child’s provider not been professionally negligent.

We may be able to recover economic damages such as past, present and future medical costs, lost income if you had to take time off to care for a child with cerebral palsy, and cost of assisted living devices and medical equipment. You may also be able to recover lost earning capacity if you had to reduce your work hours or change jobs. You may be able to recover the costs of a nurse’s caregiving during periods attributable to the child’s cerebral palsy. Cost of medical equipment and assisted living devices can also be recovered. In order to calculate the quantity of economic damages we should seek from the defendant, we’ll need to tally your child’s medical bills, lifelong care plan, prescriptions, your lost wages and lost earning capacity, along with your child’s.

In addition, there are intangible losses involved in cerebral palsy and subsequent treatment. These can be difficult to quantify and it’s crucial you consult an attorney who has experience in these complicated cases. Good attorneys will ask you the right questions to explore what you and your child have lost. Noneconomic damages that may be recovered include pain and suffering, loss of enjoyment of life, loss of consortium, permanent disability, and mental anguish.

It can be heart-wrenching to see a child struggle with cerebral palsy and experience pain because of it. A health care provider responsible for causing or contributing to your child’s cerebral palsy can be held accountable for the tremendous associated costs. You should talk with our seasoned Syracuse personal lawyers about recovering damages for cerebral palsy. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for accident victims in Canandaigua, Lowville, Auburn, Buffalo, Utica, Rochester, Wampsville, Watertown, Herkimer Albany, Oneida, Oswego, Lyons, Ithaca, Cooperstown, Elmira, Binghamton, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.