Cerebral
Palsy is a horrible disease that affects not only the patient but
also the happiness of the entire family. Since this disease is not
curable, the patient has to undergo treatment all through his life.
Moreover, the patient is always forced to rely on some one to take
care of their need. Hence the patient needs more money for his treatment
and living.
A child
might get this problem during the pregnancy period of the mother,
during delivery or after birth. Though not all, at least 20% to 40%
of the cerebral palsy occurrences are due to medical negligence of
the hospital. In such cases, the child or his parents can make a cerebral
palsy claim in the court. When the claim is investigated, proven and
accepted, the child will receive sufficient compensation (of even
millions of dollars) which will be of great use for his/her living.
How
to Claim and Win the Cerebral Palsy Compensation?
-> The close relatives of the patient should fix a cerebral palsy
lawyer who is approved by Legal Aid Board.
-> The lawyer will initially obtain the Public Funding Certificate
so as to cover the investigation cost of the claim.
-> After that, the Lawyer will request the Defendant Hospital for
the disclosure of obstetric records related to birth of the patient.
-> If the medical records are not available or missing then the
claim cannot be pursued. In such cases, the lawyer has to find adequate
evidences to persuade independent medical experts to support the claim
of the patient.
-> Then the lawyer will have a talk with the Defendant hospital
to check if they accept the liability. If they do not accept it, then
the lawyer will start with the legal proceedings through court.
-> If the Defendant Hospital accepts liability, then they will
negotiate on the claim saying that they will pay 90% of the claim
but 10% has to be bared by the patient. This percentage is quoted
just for an example. In this case, an agreement will be prepared and
the lawyer will submit this agreement to the Judge of High Court.
The judge has to agree to it.
-> Now the case investigation will start. The lawyer has to argue
on the loss incurred by the patient, the expenses that he meet for
his treatment, need for the appliances and aids for the patient. The
defendant will negotiate on the amount being quoted by the lawyer
and then the court will finalize on the settlement amount.
-> If a liability apportionment is signed already (for example,
90% by hospital and 10% by patient as mentioned above), then 90% of
the settlement amount will be paid by the Hospital.
-> The lawyer can ask for one time settlement or payment of a particular
amount annually. Based on that, the amount will be sanctioned and
released.
