Filing A Cerebral Palsy Lawsuit: What You Need To Know

Cerebral palsy (CP) is the most common childhood motor disability disorder in the U.S., affecting almost 1 in 345 children right now. Even though many instances of CP aren’t preventable, some potential causes of this condition involve medical malpractice. When parents suspect that a negligent healthcare provider is responsible for their kid’s cerebral palsy, they have the right to take legal action against that doctor.

However, this step requires careful consideration and understanding. We’ll share some careful insights into the process so you can file a cerebral palsy lawsuit to seek proper compensation.

1. What causes cerebral palsy in a kid?

Any damage to a developing baby’s brain can lead to cerebral palsy; this damage occurs before, after, or even during childbirth. While infections during pregnancy or exposure to harmful substances may lead to CP as well, a doctor’s negligence causes this condition when the healthcare provider:

Doesn’t perform a C-section on time
Doesn’t give the birthing kid enough oxygen
Improperly uses delivery tools, such as forceps

2. Contact lawyers for a free case review

Understanding cerebral palsy is very important to navigate this legal process successfully. Gather as much information as possible about CP and contact medical malpractice attorneys for a free case review. The lawyer will examine all the facts to determine if your case has merit.

If you’re looking for more educational materials and financial resources, visit this website to get all the information you need: www.cerebralpalsyguide.com. Cerebral Palsy Guide is your go-to site for everything CP-related, including treatment options and legal aids.

3. Why should you even file this lawsuit?

A childhood disability doesn’t just affect the kid but the whole family. A survey claims that some 40% of families with special needs children face financial problems to pay for their kids’ treatment, rehabilitation, and at-home caregiving. Getting adequate compensation can alleviate their financial burden significantly. You need this money to pay for the following expenses:

A kid with CP needs speech, physical, and occupational therapies
CP kids require specialized educational support to continue their studies
Pay for your kid’s specialized equipment, such as mobility aids and orthotics

4. Proving negligence isn’t always easy

The success of your entire legal campaign relies on proving the medical practitioner’s negligence. Truth be told, proving liability in this case is more difficult than proving liability in a car accident claim. It’s estimated that 1 in 3 physicians are hit with a malpractice lawsuit in America.

However, since malpractice is very time-consuming and expensive to prove, many lawyers simply reject most of the cases brought by victims. A 2015 survey shows that 7 out of 10 malpractice suits are either dropped or dismissed without trial. So, ensure you have the evidence to prove the doctor’s liability. Come up with a solid piece of evidence to strengthen your claims.

5. Gather enough evidence to prove liability

Collect all relevant documents for your newborn’s prenatal care, labor, and delivery. Use this paperwork to show a link between the kid’s cerebral palsy and medical negligence. You can also talk to other medical experts for their opinions on how malpractice contributed to your child’s condition.

Similarly, the following documents will help you build up an irrefutable case against the doctor:

Maternity health records
Video or audio recordings
Evidence of physical injury
Reports from expert witnesses
Healthcare policies and regulations

6. Be mindful of the statute of limitations

Bear in mind that cerebral palsy families are given a set timeframe to bring a lawsuit against the at-fault party called the statute of limitations. Once this statute of limitations expires, you cannot seek damages from the negligent doctor for your kid’s CP. Different states allow for different time limits.

For instance, Texans and Arizonans have two years to file a cerebral palsy lawsuit; however, people living in Colorado or California have three years to seek compensation. In some states, you have five to six years to take legal action. So, consult your lawyer about the case of statute of limitations.

7. Calculate your total damages accurately

The amount you can receive depends on your losses due to the kid’s CP. It means that accurately calculating damages is essential for a fair settlement. Consider different vital factors affecting your eventual compensation (which ranges from $1 million to $22 million based on the nature of these injuries). In short, the following factors matter the most:

Your past/present medical expenses
The cost of your kid’s special education
Assistive gadgets used by the kid with CP
The cost of living associated with cerebral palsy
Emotional damages caused by the kid’s condition

8. Carefully evaluate every settlement offer

Since medical malpractice lawsuits can be time-consuming, most of these claims are settled out of court. Here’s how it goes: The lawyers from both sides exchange information with each other in the “discovery phase” to determine the veracity of their claims. If the doctor’s lawyers realize your case has merit, they will offer a settlement. If you agree to their offer, then the case is settled; otherwise, it goes to trial, where you will present your case before a jury.

9. Seek emotional support during the process

Taking care of a child with cerebral palsy can also take a toll on your mental health and increase your vulnerability to stress or anxiety. A study shows that CP families are 60% more susceptible to parenting stress, while others may experience compassion fatigue at one point. Getting entangled in a complex legal procedure is bound to exacerbate your mental health decline.

Surround yourself with a dedicated support network of your close family and friends. Talk to professionals for emotional assistance so you can confidently go through with this case.

Conclusion

If you’re going to sue a healthcare practitioner for medical malpractice for your kid’s CP, then go through the above guidelines. Learn how to navigate the complexities of a CP lawsuit, such as hiring malpractice lawyers, gathering enough evidence, and calculating your damages carefully.

Stay informed about the different options you have at your disposal and secure your kid’s future.