If your child has cerebral palsy and you believe a medical professional’s error or negligence 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 lawyer or a medical malpractice lawyer.
Overview of Cerebral Palsy Lawsuits
A cerebral palsy The lawsuit is a type of medical malpractice lawsuit. These lawsuits are brought against medical professionals who caused your child’s cerebral palsy. If a medical professional failed to meet a standard of care that resulted in your child’s condition, they could be held liable. If a medical professional fails to do any of the following, you could sue for cerebral palsy:
- Detect maternal infections during pregnancy
- Detect signs of fetal distress (oxygen deprivation, abnormal heartbeat, lack of movement, etc.)
- Identify risk factors during pregnancy
- Perform a necessary caesarean section (caesarean section)
- Perform a cesarean in a timely manner
- Proper use of birthing tools (forceps, suction cups, etc.)
- Treating Severe Jaundice in a Newborn
- Diagnose and/or treat an infection
- Proper use of anesthesia
- Complete the surgery correctly
- Caring for the newborn during childbirth
As you can see, many things can go wrong during pregnancy and childbirth, resulting in cerebral palsy. Nevertheless, the burden of care rests with the healthcare professional and they should take every precaution to avoid such conditions.
Why should you file a cerebral palsy complaint
You can ask why you should file this complaint and what you can get out of it. A cerebral palsy lawsuit settlement can help solve financial problems resulting from malpractice. Financial compensation can reimburse you for expensive medical bills and help cover the cost of future medical care, which is needed for conditions such as cerebral palsy.
You can be compensated for:
- Past and future medical expenses
- Medications
- Mobility aids
- occupational therapy
- physical therapy
- Special Education Fees
- Speech therapy
- Surgery
- Transport 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 Complaint
Consult a lawyer
The first step is to consult a lawyer. Most lawyers will offer a free consultation to help you determine if you have a solid malpractice case. An experienced malpractice attorney can determine if the lawsuit is worth pursuing. If your child’s condition was caused by any of the medical failures mentioned above, you probably have a case.
Gather the evidence
Evidence gathering is one of the most intensive steps in this process. Fortunately, an experienced lawyer can help you with this step. Helpful evidence to support your claim includes imaging scans, hospital records, testimonials and other medical documents.
Anything that indicates the healthcare professional made a mistake or failed to act with the expected standard of care will be helpful during the trial.
File the lawsuit
Once you and your attorney have gathered enough evidence, you can file a lawsuit. Your attorney will help you with the filing process and forms. They will also likely contact the medical professional in question just before filing the complaint.
Discovery process
During the discovery process, your attorney will gather more evidence, often by contacting the defendant. Both parties will share documents and evidence to establish their cases. Your lawyer will take care of this step, so you don’t have to.
Settlement negotiations or trial verdict
Finally, you will begin settlement negotiations with the healthcare provider and their legal team. If you and the other party can’t agree on a settlement, the lawsuit will go to court, where a judge or jury will render a verdict.
Are you ready to file your cerebral palsy complaint?
Watching your child deal with a difficult and lifelong condition like cerebral palsy is painful. If a medical professional’s inability 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.
