Several families in New York received money for cerebral palsy claims linked to negligence on the part of medical staff, according to reports.
One family, as detailed in the New York Post, received $100 million over one of these birth injury claims. The $100 million case involved a girl (who is now a teenager) who suffers from cerebral palsy because, as the jury found, the medical staff was negligent during the birthing process. There were two children involved in the claim, both born prematurely. The lawsuit established that the hospital staff failed to notice that the woman was having contractions and, therefore, they were negligent.
Reading about cerebral palsy online can help families who are debating whether or not to file a lawsuit against a health care provider understand what’s involved. In this claim, the girls in question are 17 years old at this point. These claims sometimes take a very long time to be resolved but, in the end, the families sometimes do end up receiving substantial compensation for what they have been put through by negligent healthcare providers.
What’s important to these claims is having an attorney who is able to establish that negligence was, indeed, a factor in the child having birth injuries. In some cases, the negligence is so egregious that this is not difficult to establish. In other cases, the attorney may need to rely upon a great deal of expert testimony to make it apparent to the jury how medical malpractice played a part in the child being injured. No matter what the case may be, however, good birth injury attorneys have access to experts, medical information and everything else they need to establish medical negligence when it was a factor.
Winning or Losing
There is no way that anyone can guarantee that any lawsuit is going to win before it is heard by a jury. There are cases that end up being settled out of court, usually when the defendant believes that the plaintiff has such a strong case that they are likely to lose, anyway. When cases do have to go to court, it’s important to have an attorney working for you who has experience working with these claims and who knows how to marshal resources to your cause. Attorneys working on contingency will allow you to pursue your case without any upfront fees and without paying at all if you do not win, minimizing risk.