There is no standard dollar value for a cerebral palsy (CP) malpractice case. The potential value of a claim depends on factors such as the child’s injuries, expected future care needs, financial losses, applicable state law, and the evidence supporting the claim. Because these factors can vary significantly from case to case, no lawyer can responsibly promise a specific recovery, especially before reviewing the medical and legal issues involved.
For families, the more useful question may be, “What losses and future needs should be accounted for if medical malpractice caused my child’s cerebral palsy?”
Why can cerebral palsy cases involve substantial long-term costs?
Cerebral palsy affects children differently. Some children have relatively mild motor limitations and live with a high degree of independence, while others may need extensive assistance with mobility, communication, feeding, personal care, and other daily activities. On the other hand, people with severe cerebral palsy may need specialized equipment and lifelong care. Those differences can affect the type, frequency, and duration of care a child may need.
For that reason, the financial needs associated with cerebral palsy must be evaluated based on the child’s individual condition and expected future needs rather than an average settlement figure.
What types of compensation may be considered?
The damages available in a cerebral palsy malpractice claim depend on the applicable state law and the facts of the case. Depending on those circumstances, compensation may address financial losses as well as certain noneconomic losses, including:
Past and future medical care
A child may need ongoing care from pediatricians, neurologists, orthopedic specialists, rehabilitation specialists, and other healthcare professionals. Future surgeries, medications, hospital care, testing, and medical monitoring may also contribute to the child’s long-term medical expenses.
Therapy
Depending on the child’s needs, care may include physical therapy, occupational therapy, speech and language therapy, behavioral services, or other therapies. The frequency and duration of these services can vary considerably.
Mobility and assistive equipment
Some children may need braces, wheelchairs, walkers, positioning equipment, communication devices, or other assistive technology. The specific equipment used may need to be replaced, repaired, or modified as the child grows.
Home and transportation needs
Significant mobility limitations can require accessibility modifications such as ramps, widened doorways, accessible bathrooms, lifts, or other changes to the home. Families may also need an accessible vehicle or other transportation accommodations.
Personal care and nursing support
A child with severe cerebral palsy may need help with eating, bathing, dressing, moving between a bed, wheelchair, or other surfaces, medication, and other daily activities. In some cases, professional nursing or attendant care may be necessary for many years.
Educational and vocational needs
A child’s condition may affect access to education, communication support, job training, or future employment opportunities. A damages analysis may therefore consider special education, communication services, vocational support, and the potential effect of the injury on future earning capacity.
Noneconomic damages
Depending on state law and the circumstances of the claim, compensation may also include legally recognized noneconomic losses, such as pain and suffering, loss of enjoyment of life, or emotional distress. State law can determine which damages are available and whether particular categories are subject to limits.
What is a life care plan?
A life care plan is a detailed assessment of a person’s anticipated future care needs and the costs associated with those needs.
In a serious cerebral palsy case, doctors, therapists, rehabilitation specialists, and other care professionals may evaluate the child’s medical condition, functional abilities, therapies, equipment, personal assistance, housing needs, and other services that may be required over time. They may also estimate how often those services will be needed and how long they may be required.
A life care plan may be considered alongside medical opinions, economic evidence, and other documentation when assessing damages.
How does negligence affect the value of a case?
Liability and damages are separate parts of a malpractice claim. Evidence of negligent medical care must be connected to the child’s injury, while evidence of damages must establish the losses and future needs resulting from that injury.
For example, substantial medical and care expenses do not by themselves establish that those losses resulted from malpractice. Likewise, evidence of a medical error does not automatically establish the full extent of the child’s damages.
A valuation therefore requires evidence addressing both liability and causation and the past and future losses that can be supported by the evidence.
Does it matter where the case is filed?
Yes. Medical malpractice laws differ across the United States, and those differences can affect both the process for pursuing a claim and the damages that may be available.
State law may establish different requirements for filing a malpractice claim, deadlines for bringing a lawsuit, rules concerning expert testimony, and limits on certain types of damages. The applicable law can also affect which parties may be named in a claim and what sources of recovery may be available.
Because these rules vary by jurisdiction, the potential value of a cerebral palsy malpractice claim cannot be determined without considering the law that applies to the case.
Can previous cerebral palsy settlements tell me what my case is worth?
Past settlements and verdicts may provide general context, but they cannot establish what another child’s claim is worth. The circumstances of each case can differ in ways that materially affect damages and recovery.
Case-specific differences may include the child’s medical condition and future care needs, the evidence supporting liability and causation, the applicable state law, the defendants involved, and the available sources of recovery. For that reason, an amount awarded or reported in another cerebral palsy case should not be treated as a reliable estimate of what another family will recover.
How can an attorney estimate the value of a cerebral palsy case?
A serious birth injury claim usually cannot be valued after a brief conversation with an attorney or a review of a single medical record. A more informed assessment may require input from medical and economic professionals who can evaluate the child’s condition, prognosis, future care needs, and the financial costs associated with those needs.
The attorney can then consider the available evidence together with the applicable state law and available sources of recovery. That process provides a more informed basis for assessing the potential value of a claim rather than relying on an average settlement figure or the outcome of another case.
How can compensation help a child with cerebral palsy?
For families with a valid malpractice claim, compensation can provide resources for the child’s current and future needs. Those resources may help cover medical care, therapy, equipment, personal assistance, education, and other long-term expenses.
If medical negligence may have caused or contributed to your child’s cerebral palsy, our cerebral palsy lawyers can investigate the circumstances and explain which categories of damages may apply under the law governing your case. Get in touch with our firm now for a confidential consultation.
Clients are not responsible for legal fees or expenses unless a financial recovery is obtained.
