Who can sue for cerebral palsy?
Medical mistakes can cause injury to an otherwise healthy baby at any time before, during, or after childbirth. When these mistakes cause a child to suffer a brain injury, they can cause cerebral palsy.
Cerebral palsy affects a child throughout their life and can cause permanent disabilities and complications.
Any family who believes their child’s condition was caused by a mistake during childbirth may be able to sue for cerebral palsy.
Generally, there are two ways a cerebral palsy lawsuit can be filed:
- On behalf of the injured child (child is considered the injured party and receives compensation)
- On behalf of the parents for pain and suffering (parents receive financial compensation to help with medical expenses)
We can help you seek justice for cerebral palsy through a birth injury lawsuit. Call us now at (855) 220-1101.
You do not need a cerebral palsy diagnosis to get a legal case review.
Can you sue a doctor for cerebral palsy?
$1 million Average payout for newborn medical malpractice lawsuits.
Yes. Medical malpractice lawsuits can be filed against individual physicians and nurses.
Doctors must follow proper standards of care to prevent birth injuries. If a doctor fails to recognize fetal distress, improperly uses birth and delivery tools, or commits another negligent act that results in an injury such as cerebral palsy, they can be found legally responsible.
If your doctor failed to diagnose and/or treat the problems that caused your child’s cerebral palsy, they may have committed medical malpractice.
Can you sue a hospital for cerebral palsy?
Yes. Medical malpractice claims can also be filed against a hospital or health care facility.
Hospitals are expected to follow proper policies and procedures to ensure a safe birthing process and prevent medical errors.
Hospitals must also hire medical staff with appropriate medical education, training, and licensing. The hospital can be held liable if one of their medical staff does not meet the requirements to practice.
Cerebral palsy and medical malpractice
Cerebral palsy is often caused by preventable medical mistakes during childbirth that may be considered medical malpractice.
Medical malpractice occurs when a hospital, doctor, or other health care professional causes injury to a patient through a negligent act, according to the American Board of Professional Liability Attorneys (ABPLA).
Examples of medical malpractice that may cause cerebral palsy include:
- Failing to treat high blood pressure during pregnancy (preeclampsia)
- Not detecting and treating prenatal infections and illnesses
- Delaying or not performing an essential cesarean section (C-section)
- Failing to detect fetal distress such as lack of oxygen (hypoxia)
- Failing to properly monitor the baby’s heart rate during childbirth
- Incorrectly using forceps, vacuum extractors, or other delivery tools
- Missing problems with the umbilical cord and placenta
- Failing to quickly clear a baby’s airways shortly after birth
If a medical error took place during the birthing process, you may be able to file a cerebral palsy lawsuit. Get your case reviewed for free now.
Cerebral palsy lawsuit process
Each case is unique, but most cerebral palsy lawsuits generally follow similar steps. An experienced cerebral palsy law firm can handle every step of the process for you.
- Case review: A free case evaluation is the first step in a cerebral palsy lawsuit. During your initial case review, a cerebral palsy lawyer will investigate the details of your case and determine if it’s strong enough to file a lawsuit.
- Evidence gathering: Once you agree to work with a cerebral palsy attorney, they will start gathering evidence related to your case. This might include maternal health records, imaging tests like X-rays and MRIs, and documents describing the events before, during, and after your child’s birth.
- Case filing: Your attorney will file an official complaint asking for financial compensation to pay for your child’s injuries. The defendants (the doctor and/or hospital) will have 30 days to respond.
- Response: The defendants’ lawyers will respond by either agreeing to pay a cerebral palsy settlement or denying that they are responsible for your child’s condition. If they refuse to reach a settlement, the case will go to trial. Very few cerebral palsy cases go to trial because of the time, risk, and cost involved.
- Discovery: Before the trial begins, your attorneys and the defendants’ lawyers will collect evidence to make their cases stronger before the trial begins. Your lawyer may collect testimonies from witnesses or medical experts to prove the defendants were negligent.
- Trial: During a trial, both parties will present their arguments to a judge or jury. Once both sides argue their case, the judge or jury will determine who wins the lawsuit. If the court rules in your favor, they will then decide how much compensation you are awarded.
Start the process now with a free case review or speak to one of our registered nurses today to learn more about getting a cerebral palsy diagnosis.
Kristin Proctor, RN
Registered Nurse for 20+ Years
When can you sue for cerebral palsy?
You may be able to sue for cerebral palsy right now. Each state has laws called statutes of limitations that state the amount of time you have to file a cerebral palsy claim.
It’s important to act quickly. The sooner you sue a doctor or health care provider for cerebral palsy, the faster you’ll be able to receive compensation if you have a valid claim.
A cerebral palsy lawsuit can help you:
- Hold negligent medical professionals responsible for their actions
- Achieve a sense of justice and peace for your family
- Get the compensation your child will need for cerebral palsy treatment
Don’t wait: Reach out to us for a free legal consultation. Our team of caring patient advocates will listen to your story and get your child the help they need.
Get help filing a cerebral palsy lawsuit
Caring for a child who’s been diagnosed with cerebral palsy can be emotionally and financially overwhelming.
If your hospital or doctor failed to meet the proper standard of medical care during childbirth and it resulted in a lasting injury to your child, you have the right to seek compensation to cover medical bills and other expenses.
To get started, contact our team for a free case review. Our cerebral palsy attorneys never charge upfront or out-of-pocket fees, and they only get paid if they secure money for you.
