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Can I Sue for Cerebral Palsy?

Suffering from cerebral palsy is a devastating consequence of birth-related injuries. As a parent, it can be difficult to determine what you need to know about filing a cerebral palsy lawsuit. Retaining the support of cerebral palsy lawyers is strongly recommended if you believe that you have grounds for a lawsuit and need support in learning more about your rights and starting the lawsuit process. 

Cerebral palsy is a birth defect that can have far-reaching consequences for those children who are affected by it. When it can be shown that a malpractice-related issue, such as a doctor's actions or inaction during the birth process contributed to cerebral palsy, this entitles parents to sue with the help of cerebral palsy lawyers.

If your child has recently been diagnosed with cerebral palsy, there are many different things to think about in the wake of how your family can move forward. Consulting with your doctors and the medical team to decide on the best possible care for your loved one is the top priority, but it can be overwhelming to confront the reality as a new parent that another person's negligence caused your baby to suffer. 

Sadly, far too many families find themselves in these situations in which they need to file a cerebral palsy lawsuit. There is no way to turn back the clock and undo the damage that has already been done, but there is an opportunity to get clarity on the damages and expense payments you and your family might need to move on with your life. 

Understanding Medical Malpractice

Sometimes, birth injuries happen as an accident or an act outside of what any parent or healthcare professional did. However, sometimes a doctor’s inactions or improper care leads to the development of birth injuries like cerebral palsy. 

Medical malpractice happens when a healthcare professional, doctor, or hospital causes injuries to a patient due to negligent actions. Cerebral palsy cases must meet basic requirements in order to be filed. There are three primary components of these claims. First, it must be shown that there was a violation of the standard of care that the doctor could have and should have provided to that patient. The injury associated with the patient must have been caused by the medical professional's negligence and that injury resulted in significant damage for the child.

Cerebral palsy can cause serious neurological and developmental complications, and if you suspect that a medical facility, nurse or doctor fell far below the required medical standard of care, you could have grounds to pursue a lawsuit. One of the first and most important things you can do with your claim is to schedule a consultation with an experienced personal injury lawyer. A cerebral palsy lawyer can sit down with you to discuss the specifics of your case and to determine whether or not your case does meet the grounds to open a cerebral palsy lawsuit.

To show that there was a relationship between you and the medical professional is the first step, but you’ll also need evidence that the person in question did not follow the right protocol or veered away from traditional methods when treating you or your child. Being so personally connected to the situation, it’s hard to sort out what this means for you and your family legally, which is a big reason to hire an experienced lawyer to help with a cerebral palsy lawsuit. 

What Is a Legitimate Cerebral Palsy Lawsuit?

Medical errors  that lead to an infant developing cerebral palsy can occur soon following labor and delivery or during pregnancy. A few of the most commonly-occuring medical mistakes that ultimately lead to a diagnosis of cerebral palsy include, surgical errors during a C-section, failing to treat jaundice, failing to do a C-section, inappropriate awareness for signs of fetal distress, failing to diagnose or manage infections affecting the mother, or to keep track of the mother’s signs during the course of pregnancy, too much force with birth tools such as forceps, mistakes made in the administration of anesthesia, or not delivering a baby in a prompt manner. 

If you are not sure whether or not the specifics of your case meet the grounds for a valid claim, contact cerebral palsy lawyers to learn more about your opportunities. An attorney who has extensive experience working with families in this field can help you. Working with cerebral palsy lawyers will help you understand what your child’s life might look like so that you can fight for the compensation you need and deserve. 

Compensation in Cerebral Palsy Lawsuits

How much money you could be entitled to recover in a cerebral palsy lawsuit is associated with a list of factors, because no two cases are exactly alike. This is a big reason to sit down with cerebral palsy lawyers as soon as possible after you learn that your child has sustained damages. There are two broad categories of damages known as economic and non-economic damages.

Economic damages are those associated with the real expenses you have incurred for the child's treatment because of their diagnosis of cerebral palsy. This can also be tied to their loss of earning capacity later in life because of the long lasting consequences of this diagnosis. Damages can include specialized education, essential accommodations made to your home, loss of earnings, the cost of medications, necessary physical therapy or rehab, and past and future medical expenses.

This is distinct from non-economic expenses, which are also referred to as pain and suffering. These are associated with damage payments that do not have a clear cost associated with them. The most typical examples of non-economic damages include disfigurement, loss of function, loss of joy of life, emotional distress, physical pain, and permanent impairment.

Since each state has its own specific statute of limitations laws, you need to take this into account when setting aside a time to meet with a cerebral palsy lawyer. Statutes of limitations give victims a maximum period of time in which they must follow their lawsuit or they forfeit their right to pursue compensation.

Given that cerebral palsy is one of the most devastating injuries that a child can sustain during the labor and delivery process, and that it happens in approximately 1.4 to 4 out of every 1000 births, it is imperative to have your case evaluated by cerebral palsy lawyers. You can expect that the attorney for the physician or the hospital will respond very seriously when you allege that cerebral palsy is tied to medical malpractice. Many of the attorneys representing hospitals and other medical professionals have years of experience in handling claims like this and will work hard to minimize the potential injuries and damages that you have sustained.

Since the birth of your child went from being a joyous event to one in which you are worried about their future and are concerned about how this incident happened in the first place, you need to take your case seriously by retaining cerebral palsy lawyers who have extensive experience in this field. The right lawyer should be compassionate and concerned about the outcome of your case, willing to work hard on your behalf to obtain an outcome that is fair. Even though nothing will change the fact that your child is suffering from this serious condition, you deserve to have your case handled by a dedicated attorney who will rise to the occasion in working towards settlement agreements or a court outcome in your favor.

Coping with a Cerebral Palsy Diagnosis 

As a parent, you always want what is best for your child. But it can be hard to consider this when your child is now dealing with the impact of this major diagnosis. Your family is likely reeling from this situation and is unsure of what to do next. Before deciding on your course of action, speak to cerebral palsy lawyers about the specifics of your case so that you can make an informed decision. 

Once you have learned about this condition, you will have to adapt your child’s care significantly. There are many different costs and treatment types to think through and get used to. What’s important is that you should be ready to discuss your options with the help of an experienced lawyer. The damages you could be entitled to are significant depending on the terms of your case. A cerebral palsy lawsuit helps to get your family the medical care needed for your baby and also helps you hold negligent providers accountable. 

You’re not alone—our cerebral palsy lawyers have worked with many families in similar situations. These sensitive matters should only be handled by a dedicated injury lawyer who can help you sort through this incident and determine your next steps. Do not wait to get help from an attorney who cares about you and your future. If you’re not yet sure whether you have the grounds to file an injury lawsuit, now is the time to get legal help. 

You can fill out a simple contact form in under a minute, and receive a free, no-obligation case evaluation from the experts at Morgan & Morgan to get started.

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