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What Are Cerebral Palsy Lawsuit Settlements?
When medical negligence by a doctor or health care professional leads to a birth injury that causes the baby to develop cerebral palsy, the infant’s family may be able to file a CP lawsuit seeking compensation.
A successful cerebral palsy lawsuit is likely to result in a monetary settlement. That’s when the person who filed the lawsuit (plaintiff) and the party allegedly responsible for the birth injury (defendant) agree to resolve the case without going to court — usually by having the defendant pay the plaintiff a certain amount of money.
Who Qualifies for Cerebral Palsy Settlements?
- Their child has been diagnosed with cerebral palsy.
- Medical malpractice or negligence caused their child to develop CP.
A cerebral palsy lawyer with registered nurses on staff can listen to your story and help determine if your child’s cerebral palsy was the result of medical malpractice. If so, they can also do the time-consuming work of consulting with experts and gathering the evidence required to win your case.
If you’re not sure if you qualify for a cerebral palsy lawsuit, contact us for a free, no-obligation consultation with a top CP law firm.
Is Cerebral Palsy Malpractice?
Cerebral palsy, the most common motor disorder among children, can have several potential causes, and sometimes its cause isn’t known. That said, it can be caused by medical negligence on the part of doctors, nurses, or other staff before, during, or after a baby’s delivery.
Examples of cerebral palsy malpractice include the following:
- Failure to monitor the mother and child
- Failure to recognize fetal distress
- Improper use of medical tools (like forceps and vacuum extractors) during delivery
- Inadequate prenatal care
- Medication errors (such as improper dosage)
- Pulling too hard on the baby’s head, neck, or shoulders
- Untreated infections, preeclampsia, or other conditions (such as gestational diabetes)
A cerebral palsy law firm can help you determine if medical malpractice is to blame for your child’s cerebral palsy.
What Kind of Cerebral Palsy Compensation Is Available?
Though plaintiffs can use cerebral palsy compensation however they see fit, the money they secure through a CP settlement or verdict often goes toward the following expenses:
- Adaptive clothing or equipment
- Lost wages
- Mobility aids
- Occupational or physical therapy
- Special education programs
- Speech therapy
- Transportation equipment
Depending on the case, the family may also be able to recover money for pain and suffering, or as punitive damages to discourage future negligence on the part of the defendant(s).
What’s the Average Settlement for Cerebral Palsy?
Factors such as the severity of the cerebral palsy and the estimated treatment costs can affect the amount of compensation a parent secures in a CP settlement.
That said, a study by The Doctors Company found that the average payout for a neonatal medical malpractice claim was $936,843. (Please note that these recoveries included both settlements and verdicts, as well as other birth injuries, such as Erb’s palsy.)
Some notable cerebral palsy settlements and verdicts include:
- Over $10 million for the family of a child with cerebral palsy
- $9 million for the family of a 5-year-old with cerebral palsy
- $8.9 million for the family of a child with cerebral palsy
- $5.8 million for the family of a 1-year-old with cerebral palsy and microcephaly
What’s the Difference Between CP Settlements and Verdicts?
A cerebral palsy settlement is a financial agreement between the injured party (plaintiff) and the negligent medical professional (defendant) to resolve their case outside of court. In most cases, lawyers from each side negotiate a settlement to avoid a trial.
In the event that the two parties can’t reach a settlement, the case proceeds to trial, where a judge and jury decide — via verdict — how much compensation (if any) the injured party is owed. This compensation amount is known as a jury award.
How Many Cerebral Palsy Lawsuits Are Settled Out of Court?
Most cerebral palsy lawsuits — like most personal injury lawsuits in general — are settled out of court. That’s because a cerebral palsy trial can be lengthier and riskier than a settlement. There’s no guarantee that a judge and jury will rule in the injured party’s favor. Even if they do, they may decide that the plaintiff deserves less compensation than they would have gotten by negotiating a settlement.
How Can I Recover a Cerebral Palsy Settlement?
An experienced cerebral palsy attorney can help you file a birth injury lawsuit, build a strong case, and maximize your compensation through a favorable settlement. They’ll handle the heavy lifting so you can focus on caring for your family.
LawFirm.com works with top cerebral palsy law firms across the country. We can connect you with a lawyer who has experience, resources, and a track record of recovering large settlements and verdicts.
The cerebral palsy lawyers in our network have registered nurses on staff, and they never charge upfront or out-of-pocket fees. Contact us today to see if you’re eligible for a cerebral palsy settlement.