The birth of a baby is a momentous occasion for most families, filled with joy and anticipation. Expectant mothers who entrust the care of their unborn child to an obstetrician-gynecologist generally make their decision based on the doctor’s apparent skill and training. Tragically, however, some parents are faced with the heartbreaking discovery that their child has developed cerebral palsy due to preventable errors by a healthcare provider. The financial burden of treating a child with cerebral palsy can be staggering, and many parents choose to pursue claims against the providers responsible for their child’s harm to offset their financial losses.
Trying birth injury cases arising out of cerebral palsy diagnoses can be challenging for both parties; however, as such, settlements for cerebral palsy claims are common. If your child was diagnosed with cerebral palsy, it may be due to medical negligence, and you should contact an attorney to determine what damages you may be able to recover. The experienced Baltimore birth injury attorneys of Arfaa Law Group are proficient at aiding parties harmed by medical negligence in the pursuit of damages, and if we represent you, we will fight to help you seek the justice you deserve.
Demonstrating Fault and Damages Prior to Settlements for Cerebral PalsyFamilies dealing with the medical issues that arise following a cerebral palsy diagnosis frequently experience significant financial strain. Fortunately, they are often able to ease some of these expenses by establishing liability and seeking damages through settlement negotiations or, if necessary, trial litigation.
Prior to engaging in settlement negotiations, parties seeking settlements for cerebral palsy should establish liability and damages. Demonstrating liability involves proving the defendant’s responsibility for the child's cerebral palsy, which usually requires the plaintiff to establish negligence. In Maryland, a plaintiff alleging negligence must show that the defendant owed the plaintiff a duty to abide by the standard of care that applies to those in their profession, the defendant breached the standard, and the breach directly led to the plaintiff suffering quantifiable losses. Establishing the standard of care, which is the care that a reasonable doctor working in the same specialty would provide in a similar scenario, as well as the breach of the standard of care and causation, generally requires an opinion from a medical expert.
To establish damages, the plaintiff must offer evidence of their tangible and intangible losses. Tangible losses are typically economic and may include lifetime treatment costs, medical care expenses, therapy costs, and, when applicable, expenses related to medication or assistive devices. In certain cases, economic losses over a child's lifetime can be substantial.
Noneconomic damages, or intangible losses experienced by the child and the family, are often hotly contested. These damages encompass pain and suffering, emotional distress, mental anguish, and loss of consortium. While not as easily documented as economic losses, testimony from the family members can demonstrate the impact of the defendant’s negligence.
Navigating Settlements for Cerebral Palsy in MarylandSettlements for cerebral palsy can be negotiated outside of court through informal means or alternative dispute resolution methods like mediation. Settlements may involve structured payments over time. The goal is to provide families with the right compensation to cover cerebral palsy treatment costs.
Settlements can significantly reduce the duration of a lawsuit, allowing parents to focus more on caring for their child rather than navigating a prolonged legal proceeding. Successful negotiations are more likely when insurers and healthcare providers recognize an attorney's track record of success at trial. As such, it is important to work with an attorney who can strategically establish liability and negotiate settlements when appropriate.
Confer With a Knowledgeable Baltimore AttorneySettlements for cerebral palsy can provide families with the peace of mind that their children will have financial support to assist them in dealing with the challenges associated with their condition. If your child developed cerebral palsy due to medical mistakes, you should confer with an attorney to determine what compensation you may be owed. The knowledge Baltimore birth injury lawyers of Arfaa Law Group are skilled at achieving favorable settlements for victims of medical errors, and if we represent you, we will work tirelessly on your behalf. We frequently represent families in birth injury cases in Baltimore, where our office is located. You can reach us through our form online or at (410) 889-1850 to set up a meeting.