When you have a child born with cerebral palsy due to complications with their birth, it can be difficult to know where to turn. Sadly, some cases of cerebral palsy can be attributed to the negligence of hospital staff.
If your child has been affected by cerebral palsy as a result of a botched birth or errors during prenatal care, you may be entitled to compensation. No matter how it has affected your life, a cerebral palsy lawyer can help put things into perspective and take up your legal battle.
For a free legal consultation with Atlanta Cerebral Palsy lawyer, call 1-800-222-9529
Understanding Cerebral Palsy
Cerebral palsy is a developmental disability that can affect a child’s balance, learning capabilities, eating abilities, muscle tone, seizures, overall posture, and more. The condition can be brought on during childbirth if the child has a lack of oxygen during birth.
If your child has developed cerebral palsy due to complications stemming from childbirth, you may be entitled to compensation for your pain, suffering, medical bills, medications, and ongoing care.
Atlanta Cerebral Palsy Lawyer Near Me 1-800-222-9529
How an Atlanta Cerebral Palsy Lawyer Can Help Your Family
Your Atlanta birth injury lawyers will do everything they can to find out the truth about your child’s cerebral palsy case, including:
- Examining records
- Gathering testimony
- Giving legal advice
- Listing the damages your family has faced
- If necessary, bringing your case to trial
- Keeping you updated on the progress of your claim
- Negotiating with the defendant’s insurance company
- Hiring a medical expert to testify that malpractice transpired in your case
Georgia also requires that plaintiffs in these cases file a testimony from a medical expert validating your claim before beginning a malpractice lawsuit. This is called an affidavit. A lawyer can help you find the expert to do this.
Click to contact our Atlanta Cerebral Palsy lawyers today
Process For Filing A Cerebral Palsy Claim
It’s important to know what to expect in each step of the legal process. Your cerebral palsy lawyer can answer questions you may have along the way.
By contacting one of our experienced cerebral palsy lawyers, we can help you decide whether or not to go forward with legal action. During this evaluation, your attorney will look at the details of your child’s cerebral palsy diagnosis.
Filing Your Claim
If your birth injury lawyer believes you have a case, it’s time to start the filing process. We will begin by drafting and filing a petition to start your lawsuit.
This step is known as discovery where you and your lawyer exchange information about the events of the case with the other side. We will see what information the defendant possesses.
A deposition is a sworn testimony that will be kept on file to help us discover information witnesses have that could be helpful to your case. For cerebral palsy, the focus will be on what all involved parties know about the events that happened before, after, and during the birth.
Our birth injury lawyers will hire and consult with medical experts such as qualified nurses or doctors to evaluate the facts of your case.
Mediation in cerebral palsy cases is an opportunity for both parties and their insurance companies to meet outside of court to reach an agreement. In some instances, the case will settle out of court in mediation.
If an agreement is not met through mediation, your medical negligence case will go to trial. Our attorneys will present your case to a judge or a jury, call medical experts and witnesses to testify.
Complete a Free Case Evaluation form now
Deadline for Birth Injury Lawsuits in Georgia
You must act fast if you suspect medical negligence caused your child’s condition. Any delay could affect your path to justice and securing compensation. According to Georgia Code §9-3-71, the statute of limitations on cerebral palsy cases is two years from the negligent action or from when it was discovered.
This timeline can be adjusted if the child has not yet reached their seventh birthday. Under Georgia Code §9-3-73, if your child was injured before they turned five, your family can still file a medical malpractice claim up to age seven, even if more than two years have passed.
Damages in Your Medical Negligence Cases
Your cerebral palsy lawyer can help total your economic and non-economic damages to be used in mediation. This includes:
- Medical expenses
- Pain and suffering
- Assistive devices
- Lost wages
- Special education
- Therapy and rehabilitation
Unlike other states, there is no limit to how much you can receive in compensation for your case. The Georgia Supreme Court has deemed that the cap the state had previously placed on the amount of compensation you can recover for non-economic costs is unconstitutional.
Get Started Today With an Atlanta Cerebral Palsy Lawyer
The Birth Injury Lawyers Group have worked with many clients in the Atlanta area who live with the effects of this condition due to the negligence of medical staff. The saddest part is that some of the circumstances that caused many children’s cerebral palsy could have been avoided.
We stand with you and fight for their right to compensation so you can rest assured knowing your child can be taken care of in the future.