Five Steps To File A Cerebral Palsy Lawsuit

Cerebral Palsy is one of the most serious disabilities among children responsible for a decline in motor functions, with 1 in every 345 children in the US having been identified with it. But did you know that cases of cerebral palsy do not always occur naturally? Many a time, it is the doctors and nurses dealing with your pregnancy and childbirth that are responsible for this disorder in your otherwise healthy child. Inappropriate medical care and malpractices before, during, or after childbirth can result in your baby developing long-term special needs.

But it isn’t just that! CP creates tons of other challenges for you: a rise in financial expenses, co-occurrence of other developmental disorders like epilepsy and autism, and requirements of special equipment like handheld devices or wheelchairs to overcome walking impairment. You and your child have to suffer so much just because of a little negligence by the medical professionals!

Knowing that natural causes like low birth weight, infections during pregnancy, or premature birth are not the reason behind your child’s brain damage can be frustrating. At times, doctors fail to diagnose health problems or cut the umbilical cord improperly, resulting in a lack of oxygen for the child. Careless professionals may even leave some conditions like jaundice untreated and undiagnosed, which can lead to cerebral palsy.

If you are sure that it was the doctor’s failure to perform their duties that resulted in a lifelong disability for your child, you deserve to hold the professionals responsible!

So, the question is, can you sue for cerebral palsy? If your suffering is, in fact, due to medical malpractice, the answer is yes! It is your legal right to hold careless professionals accountable for their lack of care. After all, your kid is prone to facing delays in developmental milestones because of them.

In order to pursue this legal right, you need to be aware of the different steps of filing a cerebral palsy lawsuit to ensure you get the compensation you and your family deserve.

1. Find A Cerebral Palsy Lawyer To Evaluate Your Case

First of all, you need a lawyer specialized in dealing with cerebral palsy lawsuits ASAP. The statute of limitations allows you to take legal action in a limited period of time. And since these laws vary from one state to another, it is better to hire someone familiar with the laws of your area.

To file a case, you need to gather medical records of your child’s treatment and birth. Of course, accessing these records is a tough nut to crack if you are on your own. Cerebral palsy lawyers are a big help in this case. They can intervene in the communication between the hospital authorities and the parents to get their hands on this initial evidence.

These records will help cerebral palsy lawyers determine whether your case is strong enough to take legal action. Only after all the evaluation is done can the lawyer file a case for you if they deem it appropriate. So make sure you hire an experienced lawyer with a record of success in multiple cerebral palsy lawsuits to increase your chances of a fair settlement.

2. Gather Written Evidence And Testimony

If the collected medical records point to a likelihood of negligence at the hands of the medical staff at any stage during pregnancy and childbirth, your case is qualified to proceed toward legal action. During the initial stages of the lawsuit, the lawyers on both sides create written records of each party’s claims. They ask written questions in order to get information about each side’s take on the case. Additionally, they question the witnesses about the events surrounding the child’s birth. Doing so helps lawyers subtly point out any details that would be relevant to the trials. Parents are one of the most important witnesses at this step. So, make sure to provide credible answers to play a significant role in steering the direction of the lawsuit.

3. Find Expert Witnesses

Aside from parents, cerebral palsy lawsuits require some special witnesses for the case to produce desirably fair results for the aggrieved parents. So, you need to find medical professionals who can provide accurate reports and factual details about the child’s condition. The reports from these professionals provide proof of negligence on the part of the medical staff and ensure that the child’s brain damage could have been prevented if it was not for their carelessness.

4. Calculate Damages

Assessing the accurate level of damage is crucial to the cerebral epilepsy lawsuit as it helps the parties reach an agreement about compensation. A child who becomes a victim of cerebral epilepsy develops special needs for the long haul. This causes challenges for the parents and the child alike. Analyzing the needs and expenses for both the present and future will help you determine the extent of compensation you require from negligent medical practitioners. Therefore, you should actively collaborate with your lawyer to evaluate everything from current medical costs to future therapy sessions and the effects of these extra expenses on your financial condition.

5. Mediation vs. Trial

Now that you have a clear head about what you require from the other party to make up for your loss, it is time to encounter the other side and inform them of your proposal. At this step, it is better to opt for mediation at first in order to save yourself from the hustle of long-term trials. Rather than taking the case to court head-on, negotiation between the parties is usually the first piece of advice from cerebral palsy lawyers. Openly discuss your stand with the other party, inform them about your damages, and demand the compensation you legally deserve.

It is best to have a third party mediate in these discussions to reach a neutral decision. Your lawyers can also help you a great deal at this stage to ensure you reach a fair agreement. If, however, both parties cannot reach an agreement, be ready to bring your case to trial!

Conclusion

Cerebral palsy is an alarming condition that doctors might be able to prevent through proper medical care during pregnancy and childbirth. However, if some neglectful professionals become responsible for such a condition for your baby, the law will give you a fair chance to receive compensation for your emotional distress and financial burden. But for this lawsuit to be successful, as parents, you need to actively participate in the process of getting justice for your child.  Following the steps given above can help your family get compensation for your loss while also helping to deter such cases from becoming more common.

Also, Read – How Long Does a Slip and Fall Accident Lawsuit Take in Florida?