Cerebral palsy (CP) is a serious neurological condition that affects a person’s ability to control their body movements. This condition can result from medical malpractice during childbirth, such as a lack of oxygen to the baby’s brain or trauma during delivery. If a healthcare professional’s negligence caused your child’s CP, you may be entitled to compensation.
This article will provide information on how to file a lawsuit and obtain compensation for cerebral palsy.
Understanding Cerebral Palsy
Cerebral palsy is a group of neurological disorders that affect a person’s ability to control their body movements. It can result from brain damage that occurs before, during, or shortly after birth. There are four main types of cerebral palsy: spastic, athetoid, ataxic, and mixed.
Spastic cerebral palsy is the most common type and affects around 70-80% of people with CP. This type causes stiffness and tightness in the muscles, making it difficult to move.
Causes of Cerebral Palsy
There are several possible causes of cerebral palsy, including medical malpractice during childbirth. Some common causes of CP include:
- Lack of oxygen to the baby’s brain during delivery
- Trauma to the baby’s head during delivery
- Infections during pregnancy
- Premature birth
- Genetic factors
If you suspect that medical malpractice caused your child’s cerebral palsy, you should speak with an attorney who specializes in medical malpractice cases.
Filing a Lawsuit for Cerebral Palsy
Choosing the right attorney can make a significant difference in the outcome of your case. Look for an attorney with experience in handling cerebral palsy cases and a track record of success. You may also want to consider an attorney who works on a contingency basis, meaning they only get paid if you win your case.
If you believe that medical malpractice caused your child’s cerebral palsy, you may be able to file a lawsuit against the healthcare provider responsible. To file a lawsuit, you will need to follow these steps:
Step 1: Find an Attorney
The first step in filing a lawsuit is to find an attorney who specializes in medical malpractice cases. Look for an attorney with experience in handling cerebral palsy cases specifically. You can search for attorneys online or ask for recommendations from friends or family members.
Step 2: Collect Medical Records
Your attorney will need to review your child’s medical records to determine if medical malpractice caused their cerebral palsy. Collect all medical records related to your child’s birth and their condition since then.
Step 3: Determine Damages
Your attorney will work with you to determine the damages you are seeking in your lawsuit. Damages may include:
- Medical expenses related to your child’s cerebral palsy
- Future medical expenses
- Lost wages due to caring for your child
- Pain and suffering
- Emotional distress
Step 4: File the Lawsuit
Once your attorney has reviewed your child’s medical records and determined the damages you are seeking, they will file the lawsuit on your behalf.
Step 5: Discovery
Discovery is the process of exchanging information between the parties involved in the lawsuit. During discovery, your attorney and the defendant’s attorney will gather and exchange information related to the case.
Step 6: Settlement or Trial
After discovery, the case may be settled outside of court or proceed to trial. Your attorney will work to negotiate a settlement on your behalf. If a settlement cannot be reached, your case will go to trial, and a judge or jury will decide the outcome.
Don’t Miss the Statute of Limitations
It’s important to keep in mind that the statute of limitations for filing a medical malpractice lawsuit varies from state to state. In some states, you may have as little as one year to file a lawsuit, while in others, you may have up to three years. It’s important to speak with an attorney as soon as possible to ensure that you don’t miss the deadline to file your case.
In addition to obtaining compensation through a lawsuit, there are other resources available to help families affected by cerebral palsy. Many states have programs that provide financial assistance to families with children who have disabilities. You can also reach out to support groups and advocacy organizations for families affected by cerebral palsy.
Reach Out to Our Team Today
If you suspect that medical malpractice caused your child’s cerebral palsy, it’s important to speak with an attorney who specializes in medical malpractice cases. They can help guide you through the process of filing a lawsuit and obtaining compensation for your child’s condition. Remember to collect all medical records related to your child’s birth and condition, determine the damages you are seeking, and work with your attorney to negotiate a settlement or go to trial. BIL Group have the resources to get you answers.
As a journalist, Leland Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.
