Cerebral Palsy Lawsuit

Cerebral palsy is diagnosed in approximately 8,000 children each year. The cost of caring for children who suffer from cerebral palsy can be financially catastrophic. If medical malpractice was the reason for your child’s cerebral palsy, you shouldn’t be responsible for the astronomical cost of lifelong care. A cerebral palsy lawsuit can be filed if there is a strong case indicating that malpractice was the cause. Lawyers specialized in the field of cerebral palsy lawsuits will be able to recognize if there may be a claim.

Since the condition does not improve with time, expenses can be expected throughout the child’s lifetime. The majority of people with cerebral palsy need long-term services or care, depending on their level of independence. The average lifetime cost for one person with cerebral palsy is estimated to be $931,000 (in 2005 dollars). This represents costs over and above costs experienced by a person who does not have a disability.

It is estimated that the lifetime costs for all people with cerebral palsy who were born in 2000 will total $12.5 billion (in 2005 dollars). These costs include both direct and indirect costs. Direct medical costs, such as doctor visits, prescription drugs, and inpatient hospital stays make up 10% of these costs. Direct non-medical expenses, such as home modifications, car modifications, and special education make up 9% of the costs. Indirect costs, which include the value of lost wages when a person dies early, cannot work, or is limited in the amount or type of work he or she can do, make up 81% of the costs.

These estimates do not include other expenses, such as hospital outpatient visits, emergency department visits, residential care, and family out-of-pocket expenses. The actual economic costs of cerebral palsy are, therefore, even higher than what is reported here.

The expecting mother and unborn child rely on the doctors and nurses responsible for providing safe and effective care before, during, and after birth. So how do you know if there was a medical mistake during the birth of your child and if you have grounds for a cerebral palsy lawsuit? There are several indicators that a medical mistake may have caused your child’s cerebral palsy.

Complications that required forceps, vacuum extraction, or cesarean section indicate that the fetus spent too much time in the birth canal, with possible hypoxia. A child may sometimes need cardiopulmonary resuscitation (CPR) in this case, also a sign of lack of oxygen to the brain, which causes cerebral palsy. Seizures occurring immediately after birth, or within the first 3-4 days of life, are also a sign of neurological dysfunction. Other indicators could be if your child required special testing such as an MRI, spent time in the NICU (neonatal intensive care unit) or was transferred to a different hospital after birth. Also, if a specialist was called to care for your newborn there may be cause that malpractice occurred.

If the cause for cerebral palsy was not congenital, there is a good chance it could have been prevented. Compensation from a cerebral palsy lawsuit won’t reverse the damages to your child, but it will pay for the expensive life-long support your child will require.