(845) 802-0047While the process of childbirth typically has normal and joyous outcomes, the negligence of a birthing staff member could cause birth to become unsafe. If your child is diagnosed with cerebral palsy due to a doctor’s mistake during their birth, a Kingston cerebral palsy birth injury lawyer could help. Speaking to a compassionate birth injury attorney about understanding and exercising your rights could be your best move when facing such tragic circumstances.
What Is Cerebral Palsy?
Cerebral palsy is a disorder that impacts the motor cortex of the brain, which is the portion that affects muscle coordination and control. Those who have this condition have difficulties with walking and other fine motor skills. Other problems known to coexist with cerebral palsy include cognitive disabilities, epilepsy, and vision problems.
This neuromuscular disorder occurs when there is damage to the developing motor cortex of the brain. The damage can occur during fetal development, from brain cell death before or during the birth process, or from fetal distress leading to an emergency birth.
Parents whose children are diagnosed with this condition may benefit from speaking with a cerebral palsy birth injury lawyer in Kingston. An intelligent lawyer could help determine if negligence played a role in a child acquiring this condition.
Cerebral Palsy Lawsuit Process in Kingston
While parents involved in a cerebral palsy birth injury lawsuit often wonder what to expect from a case, the experience and dedication of a Kingston lawyer could play critical roles in guiding individuals through the litigation process. After obtaining the services of an attorney, plaintiffs should sign releases for medical and financial information.
This allows the attorney and their staff to research and fully detail the injuries and damages the child suffered. The lawyer could then determine whether and, if applicable, how the defendant is negligent for the child’s cerebral palsy injury.
What is the Discovery Process?
Once the attorney and their team have sufficient information to determine liability and damages in the case, they would be able to file the case as per New York Civil Practice Law & Rules §304. Legal teams for both sides would then share information back and forth in what is referred to as the discovery process.
This process allows each side to get the information they need to establish the facts in the case. Discovery can potentially last a year or more before the lawsuit moves into the pre-trial and trial phase.
Cerebral Palsy Lawsuit Settlements
The majority of medical lawsuits settle out of court, since doing so is usually beneficial for both the plaintiff and the defendant. Settlements have the potential to:
- Resolve the case in less time
- Reduce the expenses of litigation
- Reduce the financial risk of letting a jury determine the verdict
- Protect the defendant’s reputation
- Reduce the emotional toll of a trial on the plaintiff
Attorneys for both sides have the option to negotiate a settlement at any point during the case. If a settlement is agreed upon, the plaintiff would be required to sign paperwork stating they will not file a lawsuit for the same claim again.
Work to Recover Damages with a Kingston Cerebral Palsy Birth Injury Attorney
Nothing is more painful than watching your child struggle physically and emotionally after a birth injury. This needless suffering can impact families emotionally and financially for the rest of their lives.
A hard-working Kingston cerebral palsy birth injury lawyer could assist parents and cerebral palsy victims in pursuing the compensation they deserve for their losses. Reach out to an attorney today to schedule your case consultation.