If your child has cerebral palsy and you believe a medical professional’s mistake or neglect is the cause, you may have a case for a cerebral palsy lawsuit.
This guide will help you understand cerebral palsy lawsuits and how to file one, which begins when you hire a cerebral palsy attorney or medical malpractice lawyer.
Overview of Cerebral Palsy Lawsuits
A cerebral palsy lawsuit is a type of medical malpractice lawsuit. These lawsuits are against medical professionals who caused your child to have cerebral palsy. If a medical professional failed to uphold a standard of care that resulted in your child’s condition, they might be liable. If a medical professional fails to do any of the following, you could file a cerebral palsy lawsuit:
- Detect maternal infections during the pregnancy
- Detect signs of fetal distress (oxygen deprivation, abnormal heart rates, lack of movement, etc.)
- Identify risk factors during pregnancy
- Perform a necessary C-section (Cesarean section)
- Perform a timely C-section
- Properly use delivery tools (forceps, vacuum extractors, etc.)
- Treat severe jaundice in a newborn
- Diagnose and/or treat an infection
- Use anesthesia properly
- Complete surgery properly
- Care for the newborn during delivery
As you can see, a lot can go wrong during a pregnancy and delivery, leading to cerebral palsy. Nevertheless, the burden of care is on the medical professional, and they must take every precaution to avoid such conditions.
Why You Should File a Cerebral Palsy Lawsuit
You may ask why you should file this lawsuit and what you can get out of it. A settlement from a cerebral palsy lawsuit can help with financial issues that resulted from the malpractice. Financial compensation can reimburse you for costly medical bills and help cover the cost of future medical care, which is necessary for conditions like cerebral palsy.
You can receive compensation for the following:
- Past and future medical expenses
- Medications
- Mobility aids
- Occupational therapy
- Physical therapy
- Special education costs
- Speech therapy
- Surgery
- Transportation equipment
- Other medical treatment costs
- Cost of living with special accommodations
- Special education resources
- Assistive devices and technology
- Pain and suffering involved
- Cost of caregivers
How to File a Cerebral Palsy Lawsuit
Consult a Lawyer
The first step is to consult an attorney. Most attorneys will offer a free consultation to help you determine if you have a solid malpractice case. An experienced malpractice lawyer can determine if the lawsuit is worth pursuing. If your child’s condition was caused by one of the medical failures mentioned above, you likely have a case.
Gather Evidence
Gathering evidence is one of the most intensive steps in this process. Luckily, an experienced lawyer can help you with this step. Helpful evidence supporting your claim includes imaging scans, hospital records, witness accounts, and other medical documents.
Anything that indicates the medical professional made a mistake or failed to act with the expected standard of care will be helpful during the lawsuit.
File the Lawsuit
Once you and your lawyer collect enough evidence, you can file the lawsuit. Your lawyer will assist you with the filing process and forms. They will also likely contact the medical professional in question just before filing the suit.
Discovery Process
During the discovery process, your lawyer will gather more evidence, often by communicating with the defendant. Both sides will share documents and evidence to establish their cases. Your lawyer will handle this step, so you don’t have to.
Settlement Negotiations or Trial Verdict
Lastly, you will enter settlement negotiations with the medical professional and their legal team. If you and the other party cannot agree on a settlement, the suit will go to court, where a judge or jury will issue a verdict.
Are You Ready to File Your Cerebral Palsy Lawsuit?
Seeing your child deal with a challenging, permanent condition like cerebral palsy is painful. If a medical professional’s failure to do their job caused your child’s condition, call a malpractice attorney and file a lawsuit to receive the compensation you deserve for this wrongful treatment.
