Cerebral palsy is often the result of medical negligence during childbirth. Children with cerebral palsy struggle with motion and maintaining balance and posture. Cerebral palsy affects the cerebral cortex region of the brain, thus the difficulty in moving. Children with this condition require extra care and medical treatment throughout their lives.
Filing a cerebral palsy lawsuit enables your family to get financial compensation for your child’s medical treatments. This article will explain all you need to know about a cerebral palsy lawsuit and how to file one.
Why file a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit promotes accountability of doctors and medical staff so that such incidences can be avoided in the future. It also helps cover the financial cost a victim’s family has to bear due to expensive treatments and loss of mobility.
It can be used to pay for assisted devices, medication, nursing care, therapy, necessary surgery, mobility aids, and modifications to transportation. The cost of providing for a child with cerebral palsy might not have been possible for you, but with a lawsuit, you can get the financial aid you need to ensure your child’s safe future.
Taking legal action against negligent medical staff will not only bring justice to your family but help increase accountability among medical professionals. In addition, trained attorneys specifically deal with cerebral palsy lawsuits and help families get answers to questions that have been kept under wraps for too long. To find a cerebral palsy legal team in Florida, read more on this site to explore the best options and get professional support.
Who can file a Cerebral Palsy Lawsuit?
If you think your child’s medical condition resulted from negligence during childbirth, you may be able to file a lawsuit. You will need to consult a lawyer specializing in cerebral palsy lawsuits to begin the process. Most firms review cases free of charge.
The lawyer’s legal team may ask some questions during the inspection process. Some of these may be:
- Was the baby delivered between 39 and 40 weeks?
- When did the doctor prescribe prenatal care to the mother?
- Was the baby breathing normally after delivery?
- Was there a diagnosis for the baby’s injuries after birth? If so, when?
- What tests did the doctors perform, and what were the results?
- What other medical procedures has the child gone through so far?
Following are some avoidable human errors that lead to cerebral palsy. Knowing these will also help decide whether you are fit to apply for a lawsuit.
- Untimely C-section delivery or failure to perform one
- Lack of attention to baby’s vital signs during and after birth
- Failure to diagnose and treat jaundice. Jaundice can cause kernicterus which leads to brain damage
- Using forceful tools during labor like forceps
- Failure to diagnose infections in the mother before and during birth
- Untimely delivery leading to a decrease in the supply of oxygen for babies
- Unsupervised administration of anesthesia
If you believe your child has cerebral palsy due to at least one of these mistakes, then you are eligible to apply for a lawsuit.
Can you bear the cost of filing a cerebral palsy lawsuit?
Medical negligence can be a significant financial burden. Therefore, before proceeding with an official claim, it would be best to discuss costs and possible expenses associated with the lawsuit with your attorney. Cerebral palsy lawyers usually work on a contingency basis. Therefore, they would only charge a certain percentage of the settlement fee from the lawsuit. It is better to decide the fees for your lawyer beforehand nonetheless.
Trial vs. Settlement
Many cerebral palsy lawsuits often end up in a settlement. A settlement is an agreement that takes place outside the court in the presence of your lawyer. As a result, there is a chance that the defendant might settle for appropriate monetary compensation as trials can be more expensive.
However, a trial takes more time but is considered the safer route. This way, at least you know you would get compensated rightfully. Of course, in case the trial’s decision is not in your favor, you might not receive any monetary compensation. But in case you do get a favorable decision, the compensation would be much higher than what a settlement would offer.
How to file a cerebral palsy lawsuit?
Working with an experienced cerebral palsy lawyer can change the dynamics of your legal battle. The legal process might also include a medical team asking questions about childbirth and your child’s medical history.
Hiring a legal team is very important as it would not only check if you’re eligible for filing a lawsuit but gather information to build a strong case. These trained lawyers are also better at demanding a reasonable settlement fee if you opt for that over a trial.
Once the lawsuit has been filed, the defendants have 30 days to respond, and if the defendant responsible refuses to compensate, the case moves to the discovery phase.
During the discovery phase, both sides gather data to support their case. For example, your legal team might bring in testimonies and witnesses to prove the hospital or doctor’s fault.
Once the discovery phase has begun, there is a high chance that the trial might overturn into a settlement. Lawyers often prefer a settlement because it saves time and costs. If the defendant does not want a settlement, the case will be up for trial.
Statute of Limitations for the Cerebral Palsy Lawsuit
Another aspect to keep in mind is abiding by the statute of limitations. Every country and state has a different law dictating when to sue a hospital or doctor for their malpractice following diagnosis. Once the timeline has ended, Plaintiffs can’t apply for a cerebral palsy lawsuit. Make sure to check within your state and legal representatives before moving forward with a case.
Your child’s birth may have been jeopardized by medical negligence, causing you a financial burden, but a lawsuit for cerebral palsy can hold the culprits accountable. With this lawsuit, you can also get financial assistance to ensure the rest of your child’s medical treatments are taken care of, and they can live a fulfilling and happy life.