Cerebral Palsy Lawsuit
Do medical mistakes cause cerebral palsy?
If your child has received a cerebral palsy diagnosis and you believe malpractice is to blame, you may want to file a cerebral palsy lawsuit. Cerebral palsy is a life-long condition that often causes permanent disabilities and complications. Sometimes, this disorder arises after medical negligence. If your baby has cerebral palsy due to a doctor’s error, you may be able to file a cerebral palsy lawsuit and seek compensation for their injuries.
Do I have a valid claim?
In order to have a valid claim for a cerebral palsy lawsuit, an attorney must demonstrate that medical malpractice or negligence caused the infant to develop the disorder. There are many preventable medical errors that can lead to cerebral palsy. These medical errors include:
- Failure to perform a timely C-Section
- Missing signs of fetal distress, or failure to act on signs of distress
- Failure to treat jaundice which results in a type of brain damage called kernicterus
- Surgical mistakes during a C-section.
- Delays in delivery that result in oxygen deprivation for the infant
- Failing to diagnose and treat maternal infections
- Mistakes with administration of anesthesia
If these medical mistakes have caused disability for your child, you can contact a birth injury attorney and file a lawsuit.
What does a cerebral palsy lawsuit cost?
If you choose the right lawyer, a lawsuit will cost you no money out of pocket. Many birth injury attorneys, including the ones in our firm, only charge a fee if you win your case. These attorneys work on a contingency basis, which means you pay a percentage of the compensation you receive. Typical fees for a medical malpractice case are around 20 – 40% of the money your win. Make sure to discuss the fee agreement prior to hiring a lawyer.
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Will my case go to trial?
Most of the time, a cerebral palsy lawsuit ends in a settlement agreement. In this situation, the defense my refuse to admit to their mistakes, but will provide compensation for the injuries. Often times, a lawyer can help achieve a fair compensation for injuries during a settlement process. However, the victim has the right to refuse the settlement offered and take the case to trial.
What are the steps in a cerebral palsy lawsuit?
Is there a statute of limitations for a cerebral palsy lawsuit?
Each state has different rules on the statue of limitations for a cerebral palsy lawsuit. Generally, it recommended to take legal action as soon as possible if a physician error caused harm to your baby. In many cases, children are not diagnosed with cerebral palsy for several years after birth. Your attorney can explain your state’s rules and help you understand your rights in filing a claim. Filing a claim right away can help you seek resources to provide for the medical treatment and therapy your child needs.
Contact our birth injury lawyers for help today
Our attorneys specialize in cerebral palsy lawsuits are experts in identifying medical malpractice and negligence. More importantly, we treat each injured child as if they are our own and fight for the best possible compensation to pay for their medical and care needs. We understand that cerebral palsy caused by physician error causes life-long impacts for the child and their family. So, we stop at nothing to seek compensation that will allow their families take the best care of them for the rest of their lives.
In 2006, it was estimated that over 157,000 birth injuries could have been avoided to both mother and infant.
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