Things Parents Seeking Justice for a Child with Cerebral Palsy Should Know

Brain injury or abnormal development, most commonly because of oxygen lack, results in cerebral palsy (CP), impairing motor function and coordination. The families often experience extreme financial problems because of this lifelong disease.

There are various ways a child might get cerebral palsy. One such way is through medical negligence.

If you believe the condition of your child may have been avoided, then you need to look for cerebral palsy lawyers who can assess your case and confirm whether medical negligence played a part in your child’s condition.

They are trained to review medical records, identify negligence, and assist you in dealing with the legal system.

The subsections below discuss some of the necessary steps parents who are intent on pursuing the legal route in addressing their child’s condition.

Steps to Take When Seeking Legal Aid

These are the steps taken when applying for legal aid and can assist you in making the process less daunting.

• Free Consultation: The majority of cerebral palsy attorneys offer free consultations to evaluate your case and determine if you have a valid claim. During the consultation, the attorney will get information regarding your child’s condition and determine if it’s worth pursuing a legal case against the responsible party.
• Evidence Collection: An experienced attorney will collect the evidence needed to establish that a medical practitioner’s negligence is the cause of your child’s cerebral palsy. Reports of diagnosis, maternal history records, prenatal, intrapartum, and postpartum medical histories, and expert medical opinions assigning your child’s condition to delivery malpractice are worth considered pieces of evidence.
• Filing a Lawsuit: Your lawyer will bring a lawsuit against the appropriate court on your behalf and that of the negligent physician, who will be the defendant.
• Settlement Negotiation: Settlement negotiations, whereby both parties settle for a lump sum payment to close the case without a trial, are how most cerebral palsy cases get resolved.
• Trial: In the event a settlement is not possible, the case can be taken to trial, where the judge or jury can hear the arguments of both sides. Trials do, nonetheless, carry with them the risk of not receiving payment if the court rules in favor of finding the defendant not guilty. Trials are also usually lengthy, drawn-out affairs. It is beneficial to keep these factors in mind before going to court.

Proving a Cerebral Palsy Claim

It is crucial to establish that the healthcare professional owed you a certain level of care, that the care you were given was below that level, and that your child suffered as a consequence, for your cerebral palsy case to succeed. It requires a firm understanding of medical standards and the ability to present an interesting argument to establish these factors.

Rights of Children with Cerebral Palsy

All children with cerebral palsy are eligible for public disability services, irrespective of their severity. Those whose impairment severely limits their ability to work or perform daily activities can be qualified for Supplemental Security Income (SSI).

Besides ensuring equality of opportunities in employment, government services, public accommodations, and transportation, the Americans with Disabilities Act (ADA) also ensures that individuals with disabilities are free from discrimination.

Other Considerations for Parents

Accessing Support Groups and Resources

Parents of children with cerebral palsy would also benefit from joining support groups and seeking the help of organizations that can assist them emotionally as well as practically. Meeting with other families dealing with similar conditions can provide information and a support system. A number of agencies and internet forums are committed to assisting families dealing with cerebral palsy challenges.

Financial Assistance Programs

It may be expensive to raise a child with cerebral palsy. There are several financial aid programs and grants that can help offset the costs of medical care, therapy, and other related costs. Taking the time to look into and apply for these programs can help remove some of the financial stress and help your child get the best care possible.

Importance of Early Intervention

Early intervention for a child who has cerebral palsy is key. Early identification and early treatment will go far to enhance the child’s level of functioning in life and tap his or her maximum developmental capabilities. Physical, occupational, and speech therapy along with other rehabilitative interventions will facilitate children who have cerebral palsy to achieve normal skills while enhancing their overall motor functions.

Conclusion

Cerebral palsy is an afflictive disorder that imposes its impact markedly upon families. But by availing legal assistance, knowing the rights of your child, and utilizing available facilities, you will be able to cope with the intricacies surrounding cerebral palsy. If medical negligence is believed to have been responsible for the condition of your child, getting advice from a cerebral palsy attorney will allow you to review your legal standing and claim compensation for your family. Keep in mind that you are not singular in this experience, and there are numerous support systems and resources in existence to assist you and your child in prospering.