Damages in CP Lawsuits

Cerebral palsy is a common birth injury that occurs when complications arise during labor and delivery and the medical staff is negligent. The condition causes an individual to have difficulty controlling their muscles. Common causes of cerebral palsy are brain injury or damage at birth, such as a lack of oxygen, brain deformity, or bleeding in the brain. The problems that result are lifelong and merit a medical malpractice lawsuit in order for the affected party to seek damages.

Types of Damages in a Cerebral Palsy Lawsuit

When it comes to a cerebral palsy lawsuit there are two different types of damages one can seek. The lawsuit damages that can be sought include actual damages and punitive damages. These two things are very different and it is important to understand what each is if you are involved in a cerebral palsy lawsuit.

Actual Damages

Actual damages include the money that is awarded to cover the costs associated with treating the condition, lost wages as a result of the condition, and the pain and suffering that has occurred as a result of the cerebral palsy. The actual damages are the damages most commonly sought and awarded in a lawsuit.

Punitive Damages

Punitive damages include the money awarded because a doctor was medically negligent, reckless or purposeful in their negligence and that caused the cerebral palsy. This may mean they were under the influence of a controlled substance or something comparable. Punitive lawsuit damages can only be recovered in some cases of medical malpractice.

Additional Concerns About Damages

It is also important to note that many states have a limit or cap to what a victim of medical malpractice can recover. This means that regardless of the circumstances and proof the victim can only be awarded a certain amount of financial compensation. That said, many people are challenging these state imposed caps on a federal level. It is always best to speak with a qualified malpractice lawyer about your case to determine your rights.

Consult a Cerebral Palsy Lawyer

Paying for adaptive devices for cerebral palsy or various cerebral palsy treatments can cost a family and an individual a great deal. This is why it is so important that you speak with a cerebral palsy attorney for a legal consultation. Make sure that you or your child receives just financial compensation for the doctor's negligent actions.