The Condition
Daniel suffers from a very severe case of cerebral palsy. According to various media sources, the family expects him to be totally dependent upon others for his everyday needs for the entirety of his life. Daniel is wheelchair bound and has to be fed through a tube. He cannot speak. Of the total $58 million award, $8 million was intended to provide for care in the future. The award also took into consideration the pain and suffering Daniel and his family endured as a result of the injury and the medical costs they have already acquired.
How it Happens
Cerebral palsy is sometimes the result of negligent doctors, nurses and healthcare providers, sometimes not. In Daniel's case, the jury found that the healthcare provider was to blame for the injury. Daniel was delivered after his mother's amniotic fluid levels had depleted by half. This led to hypoxia and, because of that, Daniel suffered the brain injuries that led to his cerebral palsy. The $500,000 in bills that were the result of the surgery was also covered in the jury award. The suit alleged that the surgery was delivered incompetently in addition to being delivered too late to help the child.
Other Causes
There are several ways that the baby brain damage that leads to cerebral palsy can occur. The child may be strangulated by the umbilical cord or pinned in a position where they're not getting oxygen during the delivery process. There are also natural causes for this particular injury; it's not always a doctor or other healthcare provider's fault. If you believe that medical negligence may have played a part in your child having suffered this type of injury, you can speak with an attorney to get their opinion. You may be able to meet for a free consultation where they can review your circumstances and see if they believe that there was some negligence at work in the injuries your child suffered and whether filing a lawsuit would be a viable option for you.
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