A cerebral palsy lawsuit is a legal action taken by individuals or families who believe that the condition was caused by medical negligence during childbirth. The plaintiffs typically claim that healthcare providers failed to adhere to the expected standard of care, leading to preventable harm to the infant.
Birth Injury Lawyers Group wants to empower you to fight for your child’s future. We understand that the legal process can be intimidating, which is why we can handle all aspects of your case, allowing you to focus on your family. Contact our cerebral palsy lawyers today for a free case evaluation.
When to File a Cerebral Lawsuit?
Cerebral palsy (CP), a neurological disorder affecting motor skills and muscle tone, can sometimes result from factors like oxygen deprivation or trauma during labor and delivery. If someone’s negligence caused the condition, you could have a valid claim.
Typically, you should initiate legal proceedings as soon as you become aware of your child’s cerebral palsy diagnosis and suspect that it may be linked to medical negligence during childbirth.
If your child was diagnosed with CP, but you are not sure that you have a valid claim, contact our legal team. During the initial consultation, our lawyers will review the details of your case and determine if you have grounds to sue.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Necessary Documentation and Evidence for a Successful Case
An experienced cerebral palsy lawyer will gather all the relevant documentation to strengthen your case. They will analyze all available evidence to support your claim. Our lawyers will help you tell your story in a convincing way.
Key elements include comprehensive medical records detailing the child’s birth, development, and cerebral palsy diagnosis. These records should encompass prenatal care, labor and delivery notes, and postnatal assessments.
Additionally, obtaining expert opinions from medical professionals specializing in neurology, obstetrics, and pediatrics is crucial. Witness statements from those present during childbirth may provide valuable perspectives on any deviations from the standard of care.
Any correspondence with healthcare providers, including communication that suggests negligence, should be preserved. Photos or videos related to the birth and subsequent developments can also strengthen the case.
Determining the Defendant in a Cerebral Palsy Lawsuit
Different parties could be responsible for causing a birth injury. Since multiple causes can lead to cerebral palsy, it can be difficult to pinpoint who is responsible. However, an experienced cerebral palsy lawyer from our team will investigate the circumstances of your child’s birth and identify against whom you should file the lawsuit.
The defendant in your cerebral palsy could be any of the following parties:
- Obstetricians
- Gynecologists
- Nurses
- Midwives
- Hospitals
- Medical facilities
- Anesthesiologists
- Healthcare providers
Doctors hold a duty of care to their patients, so they have a responsibility to provide a standard of care that meets accepted medical practices, ensuring the safety and well-being of both the mother and the newborn. When medical professionals fail to meet their duty of care and harm a patient, they should be held accountable for their negligence.
"We know first-hand what you are going through."
What Damages Can You Claim in a Cerebral Palsy Lawsuit?
Living with cerebral palsy has significant long-term costs that extend beyond the immediate medical expenses. Families often face ongoing financial burdens associated with specialized medical care, rehabilitative therapies, assistive devices, and home modifications to accommodate the unique needs of the individual with cerebral palsy.
Educational and support services, adaptive technologies, and accessibility enhancements further contribute to the financial strain. Additionally, there may be expenses related to hiring caregivers to provide relief to family members.
You could recover different types of damages through a cerebral palsy lawsuit, including:
- Medical bills
- The cost of future medical care
- Pain and suffering
- Lost wages due to caring for the child
- Reduced quality of life
Our attorneys will closely listen to your account to determine how much money you spent as a result of the birth injury. We will also collaborate with experts to have a better understanding of how much you are still likely to spend. Birth Injury Lawyers Group wants to make sure that you file a comprehensive claim that considers both past and future expenses.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
How Long do You Have to File a Cerebral Palsy Lawsuit?
The timeframe for filing a cerebral palsy lawsuit is determined by the statute of limitations, which varies by jurisdiction. It is crucial to initiate legal proceedings as soon as possible after becoming aware of your child’s cerebral palsy diagnosis and suspecting a connection to medical negligence during childbirth.
The statute of limitations sets a deadline for filing a lawsuit, and exceeding this timeframe may result in the loss of your right to pursue legal action. Early consultation with a cerebral palsy lawyer is essential to understand the specific deadlines applicable to your case, gather necessary documentation, and ensure timely initiation of the legal process.
Our Cerebral Palsy Lawyers Will Help You File a Lawsuit
Birth Injury Lawyers Group has a deep understanding of the challenges families face when dealing with cerebral palsy. Our legal team provides compassionate assistance throughout the entire process.
From the initial consultation to the final resolution, our lawyers will guide you step by step, ensuring that your case is handled with the utmost care and diligence. We recognize the unique circumstances surrounding each case and offer personalized strategies. Contact us today to discuss your cerebral palsy lawsuit.
"We are committed to helping families who have suffered medical negligence."