We understand the pain and suffering your family has had to go through both emotionally and financially after your child was diagnosed with cerebral palsy. This lifelong condition can take a toll on a family, and our birth injury lawyers want to help.
Our cerebral palsy attorneys will assist in filing your lawsuit against the negligent medical professionals who allegedly caused your baby’s condition. You may be able to win compensation.
Is it Worth Getting a Cerebral Palsy Attorney?
As a parent, you want to spend your time focusing on your child. Our cerebral palsy lawyers will advise you of your options for pursuing compensation. We will handle the legal side of things including:
- Negotiating with insurance companies
- Offering legal advice
- Assigning a monetary value to your damages
- Hiring a medical expert to confirm medical negligence
- Representing you at trial if your case goes that far.
Our team of birth injury lawyers will also make sure you’re aware of any approaching deadlines. According to Indiana code §34-18-7-1, you have two years from the date of the alleged negligent act, omission, or neglect to file your claim against the health care provider. An exception to this is that a minor less than six years of age has until their eighth birthday to file.
"If your child was born with a birth injury, or cerebral palsy, we can help."
How a Cerebral Palsy Lawyer Will Prove Medical Negligence
Different elements need to be established to prove medical negligence in a birth injury case, including:
Duty of Care
This is the legal obligation a doctor owes to their patient. It can help prove negligence because the injury already shows that the medic failed to exercise their professional judgment and skill to provide proper treatment.
Standard of Care
When the doctor or nurse tended to your, or your child’s, needs, a relationship was established. A cerebral palsy lawyer will help you prove that the medical professional’s treatment did not meet your standard of care. If your case goes to court, the jury will decide if what all the defendant did, or didn’t do, met Indiana’s standards in the medical community.
Causation
The injury your baby sustained was reasonably foreseeable by the doctor or nurse. Their negligence must have caused the baby to develop cerebral palsy. The main point your birth injury lawyer will need to prove is that if the medic had taken the proper steps, your child’s injury could have been avoided.
Damages
Your damages show that something was lost because of the other individual’s negligence. Your cerebral palsy attorney will total up your damages and use this information in settlement negotiations. The kind of damages you can recover are broken down into economic and non-economic losses.
The goal of your lawsuit is for your damages to be paid out by the defendant. However, according to Indiana code §34-18-14-3, there are caps to how much you can be awarded.
Indiana Cerebral Palsy Lawyer Near Me 1-800-222-9529
Potential Liable Parties in a Cerebral Palsy Lawsuit
Medical professionals can be held responsible for their negligence that caused your baby’s cerebral palsy. Numerous individuals from your baby’s delivery and prenatal care other than your family doctor or a nurse can make a mistake. These individuals include your obstetrician, the anesthesiologist, a midwife, a medical student, or a doula.
If a piece of equipment malfunctioned and you believe it played a part in your child’s birth injury, you can also file against its manufacturers. It is also possible that the hospital is liable for the incident because of its failure to treat you and your baby in time or properly.
"We know first-hand what you are going through."
Our Team At Birth Injury Lawyer Group Wants to Help
Because this condition is lifelong, your family likely carries an emotional and financial weight. It can be overwhelming, but the cerebral palsy attorneys that serve the state of Indiana can help you recover damages.
At Birth Injury Lawyer Group, we are dedicated to our clients. Because of that, we work on a contingency-fee basis. We only get paid when we win your case. Contact us today for your free, no-obligation consultation.
"We are committed to helping families who have suffered medical negligence."
