Cerebral Palsy Lawsuit
Cerebral palsy is caused by damage to the infantile brain and drastically diminishes a person’s quality of life. When a health care provider fails to do their job effectively, lives are at risk, and entire families are affected. A cerebral palsy lawsuit can relieve some of the burden.
- Last Updated Date: March 14, 2024
What is a cerebral palsy lawsuit?
A cerebral palsy lawsuit is a medical malpractice legal action against doctors, nurses, and other liable health care providers. A cerebral palsy lawsuit seeks compensation for medical negligence resulting in brain injury and cerebral palsy.
What medical mistakes cause cerebral palsy?
Cerebral palsy can occur any time during pregnancy, delivery, or post-delivery. However, post-delivery cerebral palsy (acquired cerebral palsy) accounts for only a small percentage of cases. According to the Centers for Disease Control and Prevention (CDC), up to 90 percent of cerebral palsy cases are congenital (occurring during pregnancy or birth).
Some of the common medical mistakes leading to cerebral palsy include:
- Failing to perform a cesarean in time
- Failure to act on or monitor maternal and fetal vital signs
- Unnecessary force during delivery
- Failure to diagnose or treat maternal health issues during pregnancy
- A prolonged delivery
What is medical negligence?
A cerebral palsy lawsuit is a medical malpractice case relying on negligence laws. Negligence laws vary depending on the state but generally follow the same guidelines. To prove that medical malpractice occurred, your attorney must prove all of the following:
- The health care provider owed the child a duty of care
- The health care provider breached that duty of care
- The child suffered an injury
- The child’s injury is a result of the defendant’s breach of duty
Do I have a valid cerebral palsy case?
If you believe your child developed cerebral palsy due to a preventable medical mistake, you have a valid case for a lawsuit. Your medical professionals have a duty to uphold a high standard of care; failure to do so puts lives at risk and can lead to severe harm.
The best way to assess whether you have solid grounds for pursuing a lawsuit is to contact an attorney at the Birth Injury Center for a free consultation.
Who may be liable?
Anyone failing in their responsibilities to the mother or child may be liable in a cerebral palsy lawsuit. Specific parties depend on the circumstances but can include:
- The delivery physician
- The cesarean surgeon
- The anesthesiologist
- Nurses, physician assistants, and other members of the medical team
- Your obstetrician (OB-GYN)
- The health care facility
- The manufacturer of dangerous equipment used during labor or delivery
Has your infant suffered a birth injury as a result of malpractice or negligence? You may be eligible for compensation to cover treatment costs.
Why should I file a cerebral palsy lawsuit?
A brain injury at birth severely affects the life of the child and their family. Treatments, surgeries, and therapies can significantly improve many symptoms of cerebral palsy if caught early; however, it is not curable.
The CDC estimates the average cost of caring for a child with cerebral palsy over their lifetime averages around $1 million. That amount fluctuates depending on the severity of your case and the treatment options available.
Holding Health Care Providers Accountable
Filing a cerebral palsy lawsuit can raise awareness and prevent future birth injuries. Holding health care providers accountable not only allows you to seek justice for your family, but it also helps the greater community by:
- Inspiring other parents to secure compensation for similar injuries
- Warning expecting parents about the negligence of certain physicians
- Preventing a health care provider from making the same mistake twice
What types of compensation are possible?
What types of compensation are possible?
Medical malpractice lawsuits can pay out substantial compensation. Whether you settle or take your case to court, the attorneys at the Birth Injury Center are here to help you win the compensation you need to give your child a high quality of life.
Compensation may be awarded in the form of economic, non-economic, and punitive damages. Economic damages cover losses such as:
- Assistive devices
- Surgery
- Medications
- Physical therapy
- Speech therapy
- Counseling
- Other medical treatment costs
Non-economic damages are awarded for losses that cannot be accounted for monetarily. Non-economic losses include:
- Loss of independence
- Loss of normal life
- Pain and suffering
- Mental anguish
If your cerebral palsy lawsuit is taken to court, you may also be awarded punitive damages. Punitive damages are awarded by the court to punish particularly egregious negligence or intentional acts resulting in exceptional harm.
How do I file a cerebral palsy lawsuit?
The first step in filing a cerebral palsy lawsuit is to consult an experienced birth injury attorney. The Birth Injury Center can connect you with a cerebral palsy lawyer that will review the details of the injury and tell you whether you have a strong enough case to pursue.
If you have a case, a life care plan outlining the future costs of treating your child will be created. This will help to determine how much compensation you may be entitled to.
Investigation and Filing
- Documents addressing health complications during pregnancy
- Medical records indicating fetal distress, low oxygen, abnormal heartbeat, or other trauma
- Medical history pointing to risk factors that physicians did not consider during pregnancy
The Discovery Phase
If the defendant denies responsibility for your child’s injuries, both sides gather more information to support their case. Cerebral palsy lawyers will use a library of resources and relationships with medical experts to collect the evidence needed to win the compensation you deserve.
Negotiation, Settlement, and Trial
If the parties ultimately cannot agree on a fair settlement, the case will continue to trial.
Your cerebral palsy lawyer will be by your side, advising you every step of the way. The opposition may pressure you to settle, as a trial usually results in a higher payout. Settlements can benefit you as they are a means to an immediate, reliable payout. An experienced attorney knows when to settle and when to proceed to trial.
During a trial, the jury will review both sides’ evidence, arguments, and expert testimony and make a ruling. If the jury rules in your favor, you and the defendant will present your arguments for the final payout amount.
Statute of Limitations
The statute of limitations varies considerably between states; however, it is crucial not to delay contacting a cerebral palsy attorney. It takes time to gather evidence and build a medical malpractice lawsuit that will result in the best possible outcome.
If you discovered the injury after the statute of limitations expired, you might still have a chance to seek compensation, depending on your state. Contact an attorney immediately to discuss the merits of your cerebral palsy lawsuit.
How much does a cerebral palsy lawsuit cost?
An experienced cerebral palsy law firm will not charge you anything up front. We understand the stress, heartache, and emotional cost of a cerebral palsy diagnosis and do not believe that money should stand in the way of justice.
Fees are subtracted from the final payout at a previously agreed-upon percentage. You should pay nothing if you don’t win compensation.
Why is the Birth Injury Center the right choice?
Filing a cerebral palsy lawsuit can be intimidating, especially in the face of tragedy. The cerebral palsy lawsuit attorneys associated with The Birth Injury Center have years of experience negotiating with hospital and physician insurance companies.
They have trial experience winning cerebral palsy lawsuits like yours. Do not settle for less than what you deserve. Contact the Birth Injury Center to learn more about your options regarding filing a cerebral palsy lawsuit.
