Settlements for Cerebral Palsy

A baby’s birth can be beautiful and exciting occasion for a family. When you choose an obstetrician-gynecologist, you trust that he will take appropriate professional care of both you and the baby. It can be devastating to discover that your child developed cerebral palsy due to preventable errors by a doctor. The expenses of treating a child’s cerebral palsy can exceed $50,000 each year. If your baby was harmed by medical malpractice, you may have significant medical bills and other losses and you may be concerned about recovering a settlement for cerebral palsy. Call the seasoned Syracuse birth injury lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys to determine whether you have a viable claim.

When our Syracuse lawyers are able to establish liability, we may be able to recover damages on your behalf either through settlement negotiations or by taking a case to trial. Parents may be discouraged by the overwhelming costs of cerebral palsy treatments, but a lawsuit against the health care provider responsible for the disability can help alleviate some of those expenses.

We may need to retain experts not only to establish your health care provider’s liability for your baby’s cerebral palsy, but also to prove damages. For instance, it may be necessary to retain medical experts to estimate what lifetime treatment costs would be since the symptoms of cerebral palsy can vary widely, and consequently, the treatment and intangible losses can also be subject to dramatic differences from baby to baby. If your child needs assistive devices and regular doctor visits and therapy, these must be established through competent evidence in the form of testimony and estimates.

Economic damages are tangible losses. Typically, they are documented, and we can submit the documentation to the defendant and its representatives as evidence. Damages may include the lifetime costs of treatment, medical care, and different forms of therapy. When appropriate, a damages award or settlement could include costs of medication or assistive devices. In some cases, economic losses over the lifetime of a child with cerebral palsy have been roughly $1 million on top of their daily, ordinary living expenses.

Noneconomic damages are intangible losses suffered by the baby and family affected. These damages, unlike economic losses, are more likely to be in controversy, sometimes heated controversy. These damages can include pain and suffering, emotional distress, mental anguish, and loss of consortium. Often these damages are established through testimony rather than documentation. Your credibility and the credibility of other witnesses can have a big impact on the settlement that you’re offered.

Our lawyers can seek a settlement, which is a sum of money negotiated between the parties outside of court, whether informally or through alternative dispute resolution like mediation. In some cases, these are structured settlements in which payments are made over a period of time in installments. The goal of settlements is to give families the right amount of compensation to cover treatment of cerebral palsy.

Generally, getting a settlement can also be helpful because it drastically reduces the length of a lawsuit. Some birth injury lawsuits take 1-2 years, though the timeframe depends on the particular facts of the case. Settlement can allow the parents to spend less of their energy getting through a legal proceeding and focus on care of their child. However, settlements are more likely when insurers and health care provider see that a plaintiff’s attorney has a track record of success at trial. It is crucial, therefore, to work with an attorney who understands not only how to establish liability, but also how best, strategically, to negotiate settlements when appropriate.

Settlement terms can include not only sums of money, but also confidentiality requirements and a stipulation that the doctor doesn’t admit liability. You, as a parent, would determine whether or not to take a settlement.

If your baby developed cerebral palsy because of a doctor’s mistakes, call our seasoned Syracuse birth injury attorneys. We have more than 30 years of experience seeking the best possible settlements and damages awards for babies and families in Auburn, Buffalo, Rochester, Albany, Utica, Lyons, Wampsville, Watertown, Binghamton, Elmira, Herkimer, Oswego, Canandaigua, Lowville, Oneida, Ithaca, Cooperstown, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.