Cerebral palsy is a congenital disorder that affects mobility, muscle tone, and posture. It’s often diagnosed shortly after birth because of brain trauma the infant suffered in the womb or in the delivery room. Often, this is caused by medical negligence.
Our cerebral palsy lawyers in Montana understand the financial and emotional toll this diagnosis has likely put on your family. If your child’s disorder was the result of a medical professional’s mistake, you may be eligible to receive compensation.
For a free legal consultation with Montana Cerebral Palsy lawyer, call 1-800-222-9529
How Do You Prove Medical Negligence?
In order to prove medical negligence, there are a few things that need to be established.
- There needs to have been a relationship between the doctor or nurse and the patient.
- There was an underlined duty of care meaning they signed on to take medical responsibility for you and your baby.
- The standard of care is based on the expertise the medical profession has and that their actions will be in your best interest.
- Your lawyer will document the link between your child’s birth injury and their negligent actions as well as list what specific harm your baby and family have faced.
When you are investigating medical malpractice and trying to file your claim, make sure you are abiding by the time frames set by state law. According to Montana code §27-2-205, you cannot file a lawsuit later than five years since the alleged medical error was committed, regardless of whether or not your family knew that your child’s cerebral palsy was caused this way.
Montana Cerebral Palsy Lawyer Near Me 1-800-222-9529
What Can a Cerebral Palsy Lawyer Do For Your Family?
As you focus on your child’s condition and their rehabilitation, our cerebral palsy attorneys will handle the legal side of things. This includes:
- Filing your claim
- Negotiating with insurance companies
- Offering legal advice
- Completing all paperwork and communications
- Assigning a monetary value to your damages –
You may be able to get a settlement that will cover your pain and suffering, medical bills, future therapy costs, wages lost due to time tending to your child, and necessary equipment.
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What Happens During a Cerebral Palsy Lawsuit?
Deciding to file a lawsuit for medical negligence is a big step, and you may be wondering what will happen during the process. These are the stages of a cerebral palsy claim:
Building Your Case
During your consultation with a member of our law firm, we will explore your case and give an overall assessment, including the potential value, for your claim. If we take you on as a client, we will begin building your case and identifying any potential defendants. Then our lawyers can give you an estimate of how much you can recover from your claim.
Negotiating With Insurance Companies
After filing your claim, you will need to notify the negligent party and their insurers about the lawsuit. Once both parties have gotten involved, settlement negotiations can begin.
Your cerebral palsy lawyer will fight for fair compensation on your behalf. Even if the insurance company does agree to your demands, the defendant can still reject the settlement since it can affect their medical license and career.
Taking The Case To Trial
It is ideal if things can be handled outside of court through a settlement, as it will save you money and it’s less stressful. However, if the case goes to trial, your cerebral palsy attorney will prepare the depositions, instruct you on how to answer any questions the defendant may ask, and be with you throughout the entire process.
Once a verdict is reached, the jury will decide if you should receive an award and for how much. It’s important to note that according to Montana state law §25-9-411, non-economic damages in medical malpractice cases cannot exceed $250,000.
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Get a Free Consultation With a Montana Birth Injury Lawyer
Our experienced attorneys at Birth Injury Lawyer Group are ready to help you recover from the damage another’s negligence has caused. We have over 20 years of experience serving the state of Montana. Our team understands the level of concern you have for your child and their wellbeing.
Speak with a cerebral palsy attorney today for your no-obligation free consultation. We can discuss the events leading up to their diagnosis.