Medical Malpractice Attorney Brooklyn: How Much Compensation for Cerebral Palsy?

Cerebral palsy (CP) is a group of disorders that affect a person's ability to move and maintain balance and posture. It is the most common motor disability in childhood, and unfortunately, it can be caused by medical malpractice. If your child has been diagnosed with cerebral palsy due to medical negligence, you may be entitled to significant compensation. A skilled medical malpractice attorney in Brooklyn, NY can successfully fight for the justice and compensation your child deserves.

Cerebral Palsy and Medical Malpractice in Brooklyn

Cerebral palsy is often caused by brain damage that occurs before, during, or shortly after birth. Medical malpractice in Brooklyn, NY that can lead to cerebral palsy includes:

• Failure to monitor fetal distress: If medical professionals fail to monitor signs of fetal distress during labor and delivery, it can lead to oxygen deprivation and brain damage.

• Delay in performing a necessary C-section: If a timely cesarean section is not performed when necessary, it can result in brain damage due to oxygen deprivation.

• Misuse of delivery instruments: Improper use of forceps or vacuum extractors can cause head injuries leading to cerebral palsy.

• Medication errors: Administering the wrong medication or incorrect dosage to the mother during pregnancy or labor can lead to birth defects and cerebral palsy.

The Role of a Brooklyn Medical Malpractice Lawyer

An experienced medical malpractice lawyer Brooklyn, NYC will:

• Investigate the case thoroughly: Gathering evidence, reviewing medical records, and consulting with medical experts to prove that medical negligence led to your child's cerebral palsy.

• Calculate the full extent of damages: Working with experts to estimate future medical expenses, lost earnings, and other damages to determine the total compensation you deserve.

• Negotiate with insurance companies: Aggressively negotiating with insurance companies to ensure you receive a fair settlement.

• Litigate in court if necessary: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court and advocate for your rights before a judge and jury.

How Much Compensation in Cerebral Palsy Cases in New York You Can Recover?

When a child is diagnosed with cerebral palsy due to medical malpractice, the financial implications for the family can be substantial. A seasoned Brooklyn birth injury attorney can help you recover the largest possible compensation for the following potential damages:

Short-term Medical Care

• Estimated Cost: $10,000 - $50,000
• This includes initial hospitalization, diagnostic tests, and immediate treatments following the diagnosis.

Long-term Medical Care

• Estimated Cost: $500,000 - $1 million or more over a lifetime
• Long-term medical care includes ongoing doctor visits, medications, and other medical treatments throughout the child's life.

Permanent Disability

• Estimated Cost: $1 million - $5 million
• The cost depends on the severity of the disability and the need for ongoing care and support.

Physical Therapy

• Estimated Cost: $50,000 - $200,000 over a lifetime
• Physical therapy is vital for improving mobility and reducing muscle stiffness and can be ongoing throughout the child's life.

Speech Therapy

• Estimated Cost: $50,000 - $200,000 over a lifetime
• Many children with cerebral palsy experience speech difficulties and require ongoing speech therapy to improve communication skills.

Occupational Therapy

• Estimated Cost: $50,000 - $200,000 over a lifetime
• Occupational therapy helps children with cerebral palsy develop essential life skills and improve their independence.

Rehabilitation

• Estimated Cost: $100,000 - $500,000 over a lifetime
• Rehabilitation programs can help improve the child's motor skills and overall quality of life.

Assistive Devices

• Estimated Cost: $10,000 - $100,000 over a lifetime
• This includes wheelchairs, braces, communication devices, and other assistive technologies that can improve the child's quality of life.

Home Modifications

• Estimated Cost: $30,000 - $100,000
• Modifications such as wheelchair ramps, wider doorways, and bathroom modifications are often necessary to accommodate the child's needs.

Psychological Counseling for the Child and Parents

• Estimated Cost: $20,000 - $100,000
• Counseling can help the child and parents cope with the emotional and psychological challenges associated with cerebral palsy.

Loss of Future Income of the Child

• Estimated Cost: $1 million - $5 million or more
• Depending on the severity of the condition, the child may be unable to work and earn a living as an adult.

Costs of Special Schooling

• Estimated Cost: $100,000 - $500,000
• Many children with cerebral palsy require specialized education and schooling to meet their unique needs.

Professional Caregiver/Medical Attendant Costs

• Estimated Cost: $1 million - $3 million over a lifetime
• Professional caregivers and medical nurses may be required to assist with daily living activities and medical care.

Pain and Suffering

• Estimated Cost: $1 million - $5 million
• This includes compensation for the physical pain and emotional suffering endured by the child.

Loss of Quality of Life

• Estimated Cost: $1 million - $4 million
• This compensates for the loss of enjoyment of life due to the disability.

Damages for Shortened Life

• Estimated Cost: Varies
• If cerebral palsy shortens the child's life expectancy, additional damages may be awarded to compensate for the loss of life.

Total Estimated Damages Your Lawyer Can Recover for You in a Cerebral Palsy Medical Malpractice Case in New York

The estimated total damages in a cerebral palsy birth injury case could range from $3 million to $15 million or more, depending on the severity of the condition and the specific needs of the child. Be prepared to consult with experienced Brooklyn medical malpractice lawyers to accurately assess the full extent of damages and ensure you receive the maximum compensation you deserve.

How Your Brooklyn Birth Injury Lawyer will Maximize the Non-economic Damages for Cerebral Palsy

When pursuing a cerebral palsy claim in Brooklyn, you must know that New York does not have caps on damages in medical malpractice cases. This allows your birth injury lawyer to aggressively pursue maximum compensation for both economic and non-economic damages.

While economic damages in cerebral palsy cases are relatively straightforward to calculate, maximizing non-economic damages requires a combination of legal expertise, medical knowledge, and effective communication skills.

With the right strategies, an experienced birth injury attorney in Brooklyn, NYC can significantly increase the non-economic damages awarded in a cerebral palsy medical malpractice case, providing your child and your family with the financial support and justice you deserve. Here’s how your Brooklyn cerebral palsy lawyer will work to maximize the non-economic damages:

Building a Strong Emotional Narrative

One of the most effective ways to maximize non-economic damages is by presenting a compelling emotional narrative to the jury. Your lawyer will:

• Tell Your Child’s Story: By highlighting the challenges your child faces daily due to cerebral palsy, your lawyer can create empathy among the jury.

• Demonstrate Parental Emotional Distress: Your lawyer will also focus on the emotional distress and pain suffered by you and your family due to the medical negligence.

Presenting Expert Testimonies

Your lawyer will work with medical and psychological experts to:

• Highlight the Severity of the Condition: Medical experts can testify about the physical and cognitive limitations imposed by cerebral palsy.

• Emphasize the Lifelong Impact: Psychological experts can discuss the emotional and psychological toll of living with cerebral palsy.

Quantifying the Impact on Quality of Life

Your cerebral palsy attorney in Brooklyn, NY will:

• Document Daily Challenges: By presenting evidence of the child’s daily struggles, your lawyer can effectively communicate the impact of cerebral palsy on the child's quality of life.

• Highlight Loss of Enjoyment of Life: Your lawyer will argue that the child’s condition has deprived them of the ability to enjoy life's pleasures and experiences, thus warranting significant compensation.

Leveraging Comparative Cases

Your medical negligence attorneys Brooklyn will:

• Reference Similar Cases: By referencing and comparing your case with similar successful cases, your lawyer can persuade the jury to award higher non-economic damages.

Utilizing Advanced Presentation Techniques

Modern technology can play a key role in maximizing non-economic damages:

• Use of Multimedia Presentations: Your Brooklyn cerebral palsy lawyers may use videos, images, and animations to vividly illustrate the child’s struggles and the family's emotional journey.

• Dynamic Presentations: Dynamic and interactive presentations can engage the jury more effectively, making them more likely to empathize with your situation.

Expert Witness Testimonies on Future Prognosis

Your birth injury attorneys in Brooklyn, NY will:

• Highlight Future Challenges: Experts can provide insights into the future challenges the child will face, reinforcing the need for substantial non-economic damages.

Highlighting the Absence of a Normal Life

Your lawyer will argue:

• For Compensation for a Lifetime of Suffering: By emphasizing that the child will never experience a "normal" life due to cerebral palsy, your lawyer can argue for a lifetime of non-economic damages.

Types of Experts Your Brooklyn, NYC Cerebral Palsy Lawyer May Hire to Prove Maximum Damages

In a cerebral palsy medical malpractice case, it is crucial to prove the extent of damages to ensure that the affected child receives the maximum compensation they are entitled to. To strengthen the case and validate the claim for both economic and non-economic damages, your Brooklyn, NY cerebral palsy attorneys may hire a range of expert witnesses.

Medical Experts

• Pediatric Neurologist: To diagnose and explain the nature and extent of the child's cerebral palsy.
• Role: Provide insights into the medical condition, its origin, and its lifelong implications.
• Neonatologist/Obstetrician: To evaluate the labor and delivery process and determine if any medical negligence occurred.
• Role: Offer expert opinions on whether the medical professionals deviated from the standard of care during childbirth.
• Orthopedic Surgeon: To assess the child’s musculoskeletal issues and future surgical needs.
• Role: Provide detailed reports on required and potential future orthopedic surgeries and treatments.
• Physical Therapist: To evaluate the child's physical limitations and necessary therapy sessions.
• Role: Provide an assessment of the physical therapy needs and associated costs over a lifetime.
• Occupational Therapist: To assess the child's ability to perform daily activities and the need for assistive devices.
• Role: Determine the necessity for specialized equipment and therapy to improve the child’s daily functioning.

Psychological Experts

• Child Psychologist: To assess the emotional and psychological impact of cerebral palsy on the child and family.
• Role: Provide insights into the emotional challenges faced by the child and family and the potential need for ongoing psychological counseling.

Financial Experts

• Economist: To calculate the child’s future lost earnings and potential income.
• Role: Quantify the economic impact of cerebral palsy on the child's future earning capacity and potential career opportunities.
• Vocational Rehabilitation Expert: To assess the child's future vocational limitations and job opportunities.
• Role: Evaluate the child’s vocational potential and earning capacity in the context of their cerebral palsy.

Life Care Planning Experts

• Certified Life Care Planner: To develop a detailed plan for the child’s lifelong care needs, including medical treatments, therapies, and assistive devices.
• Role: Calculate the long-term costs associated with the child’s care and present a comprehensive plan to the jury.

Get Our Top-Rated Cerebral Palsy Medical Malpractice Attorneys on Your Side

If your child has been diagnosed with cerebral palsy due to suspected medical negligence, act now to get the justice and compensation your child rightfully deserves. At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand the devastating impact cerebral palsy can have on families. Our Brooklyn, NYC med mal attorneys are not only aggressive in our pursuit of justice but also compassionate in understanding the challenges you face.

With over $1 billion in settlements and verdicts won for our clients, we are the powerhouse Brooklyn medical malpractice law firm you need. We have the skills and resources to take on powerful defendants and will ensure that profit-driven medical professionals and hospitals who committed negligence in your case are held accountable. Don't settle for less – let us champion your rights with tenacity and legal acumen. To schedule your free consultation, call us at 212-344-1000 or contact us online.