Figuring out if you have the option to file a lawsuit against the doctor or hospital that treated your child can be challenging if your child has been diagnosed with cerebral palsy due to medical negligence. It is a common question and one that we can help answer for you.
Read ahead to get answers to some of the most common questions about cerebral palsy lawsuits and help you decide if filing litigation is the right decision for you and your family.
What Is Cerebral Palsy?
Cerebral palsy is a neurological disorder when the brain doesn’t develop properly or is damaged before, during, or shortly after birth. If the baby isn’t getting enough oxygen during pregnancy or delivery, there are problems with the placenta, problems with the umbilical cord, or if the baby is born prematurely. Cerebral palsy can also occur due to injury to the head during birth.
What Are the Common Symptoms of Cerebral Palsy?
Several symptoms can be associated with cerebral palsy. Some of the most common include:
- Muscle stiffness or tightness
- Poor coordination
- Tremors or involuntary movements
- Problems with hearing, vision, or swallowing
- Difficulty with speech
- Intellectual disability
How to know if the cause of your child’s cerebral palsy was medical negligence?
There are several ways to determine if the cause of your child’s cerebral palsy was medical negligence. Some common signs are:
- Prematurely born baby and had a low birth weight
- Problems with the placenta or the umbilical cord
- Baby wasn’t getting enough oxygen during pregnancy or delivery
- Doctor or hospital failed to monitor the baby’s heart rate or took too long to deliver the baby
- Hospital failed to treat an infection during pregnancy
- Used forceps or vacuum during delivery
What Is a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit is a litigation claim filed by the parents of a child with CP against a doctor, hospital, or another party they believe is responsible for their child’s condition. In most cases, the claim alleges that the defendant’s negligence during pregnancy, delivery, or shortly after birth resulted in the child’s cerebral palsy.
What Are the Compensations In Cerebral Palsy Lawsuits?
Suppose you are successful in your lawsuit. In that case, you may be awarded damages for your child’s:
- Medical Expenses (Including Past and Future): You may receive reimbursement for your child’s past and future medical expenses related to their CP, including the cost of doctors’ visits, surgeries, therapies, and medications.
- Pain and Suffering: There may be compensation for your child’s physical and emotional suffering from CP.
- Disability: If your child’s CP has left them with a physical disability that limits their ability to live everyday life, you may receive compensation for their diminished quality of life.
- Emotional Distress: You may be able to recover damages for the psychological trauma that you have experienced as a result of your child’s CP.
How Much Does It Cost to File Cerebral Palsy Lawsuits?
Several factors can affect the cost of filing a lawsuit. Some expenses include:
- Hiring an experienced lawyer or law firm
- Paying for expert witnesses
- Filing fees
- Court costs
How Long Does The Cerebral Palsy Lawsuit Take?
The time it takes to settle cerebral palsy lawsuits will depend on many factors, including the strength of your case, the number of damages you are seeking, and whether the defendant is willing to settle out of court. It takes several months to a few years to resolve most cases.
Should You File a Cerebral Palsy Lawsuit?
There is no easy answer to this question. It depends on several factors, including the strength of your case and whether you are prepared for a long legal battle. Speaking with an experienced lawyer about whether to file a lawsuit is crucial.
How to Find Cerebral Palsy Lawyers?
If you consider filing a lawsuit, you should speak with an experienced lawyer specializing in this law area. You can find a lawyer by contacting your local bar association or searching online for a “cerebral palsy lawyer” or “medical malpractice lawyer.”
What Is The Time Limit To Hire a Lawyer?
There is a time limit, or “statute of limitations,” for filing a cerebral palsy lawsuit. In most states, you must submit a claim within two to three years of your child’s diagnosis. They will most likely deny you from bringing a lawsuit if you miss this deadline.
It would be beneficial to consult with an experienced lawyer as soon as possible to ensure filing your claim before the deadline expires.