Holding your child after birth is a special moment for any parent. But, this unique moment can get wrecked by the hospital’s negligence during a child’s birth.
Cerebral palsy is a preventable medical condition caused by permanent brain damage during childbirth.
Due to this condition, a child’s motor function, such as controlling the body and muscles, is significantly impaired. The child is unable to control their body and needs medical help.
Filing for a cerebral lawsuit may be the only way to compensate for the hurt and pain inflicted on the child and the family.
However, like any legal case, the technicalities of the situation need to be understood. Here’s what you need to know if you want to learn more about filing a cerebral palsy lawsuit:
What Are The Types Of Damages In A Cerebral Palsy Lawsuit?
The type of damages determines the trajectory of a cerebral palsy lawsuit. If the plaintiff is filing for actual damages, the monetary compensation differs from punitive damages. However, it is essential to check with a lawyer where the eligibility stands in both cases so that the family gets their fair due.
- Actual Damages. When a plaintiff files for actual damages, they get compensated according to the cost of the treatment. This includes the compensation because of the condition, which factors in the pain and suffering. When filing for a cerebral palsy lawsuit, most families charge for the actual damages.
- Punitive Damages. The neglect may be purposeful or as a result of reckless endangerment. A claim gets made based on the doctor’s competency. If the doctor shows up to work under the influence, mishandles the birth, and denies the laboring mother primary healthcare, it all comes under punitive damages. Most medical malpractices fall under this banner.
- Other Factors Which Contribute To The Damages
Medical malpractice cases follow a statute of limitation. Every medical malpractice case has a limit depending on the state and the severity of the case. It means once the deadlines get crossed, a family can no longer file a claim or get limited financial compensation.
This is why it’s essential to seek an attorney as soon as possible and initiate a case. The longer the affected family delays the case, the harder it becomes for them to get their due.
Why Do You Need A Cerebral Palsy Lawyer?
When it comes to injuries sustained at birth, the case can be complicated. Attorneys specializing in cerebral palsy lawsuits have the knowledge and experience to build a case.
They can guide the victim’s family on what they need to do in drafting a good chance for their child.
Birth injuries and looking after a child following an injury are vulnerable for the family. Below are some reasons why a family needs legal assistance when it comes to birth injuries:
- The Family Is Unsure On The Exact Cause Of The Child’s Injury
If a family is a victim of malpractice, it is often not clear how the malpractice occurred. Most hospitals offer a surface-level view that may not iron out vague details on how the child got injured.
Some families are sidelined and never given a clear explanation of what precisely happened to the child. Hospitals also try to downplay the severity of the situation and push the family to settle for a minor compensation.
A lawyer plays a vital role in piecing the story and telling the family what happened in all these cases. This helps them decide and demand fair monetary compensation for their distress.
- They Help The Child Get Proper Treatment
If a child has cerebral palsy, they must get proper treatment. A cerebral palsy lawyer can help the family get the treatment and connect them to suitable professionals.
The lawyer will also help the family hold the practitioners accountable for their neglect, such as proving malpractice.
They do this by establishing mismanagement of the case and poor administration of medications during birth. For any family dealing with cerebral palsy getting the proper monetary compensation can help the family pay for better treatment.
- Prove The Medical Malpractice In Court
In the field of medicine, not everything comes under malpractice. Deliberate mismanagement of cases, including an unprofessional team, constitutes malpractice, but this is not easy to prove in court.
Lawyers correctly understand the medical system to put forward a case. If a family chooses to pursue a claim without professional help, they may struggle to build a case.
On the other hand, a lawyer knows how to prove a birth injury. They may refer to the medical chart to demonstrate the medical team’s slow response when the mother started bleeding.
A lawyer may also shed light on the improper medication administered to the mother that restricted the baby’s airflow.
These factors, which prove the hospital’s carelessness, are essential for the case. So without professional help, it’s not easy to win.
Who Can File A Lawsuit?
Anyone whose child got injured before, during, and after birth can file a lawsuit. However, understanding the parameters of the case is essential.
Suppose the child’s mother neglected the baby during pregnancy, such as following a poor diet and taking drugs. In that case, this is the parent’s fault.
But, if the expecting mother went in with a healthy baby and faced severe neglect during labor and birth, the responsibility falls on the hospital. This is why consulting a lawyer is essential.
Who Can File On Behalf Of The Child?
In most cases, the child’s parents with cerebral palsy file on behalf of the child. However, if the child is adopted, the child’s legal guardians can file for the child. Every state’s statute of limitation defines the framework for filing.
If the child with cerebral palsy attains a legal age, they can file their case against the hospital. However, parental intervention is necessary in most cases since cerebral palsy is mentally and physically impairing.
The child may not have the mental capacity to file their claim and may miss out on proper legal representation.
Birth injuries such as cerebral palsy can be painful for the child and the parent. No one goes to the hospital, anticipating an injury to get thrown off balance when they happen. Cerebral palsy is a birth injury that occurs due to medical negligence.
It impacts a child’s development, including their motor and neurological skills. When a family files a lawsuit, it helps get their dues and allows them to pay for their child’s treatment. This is why getting proper legal representation is essential.
The help of a qualified and professional lawyer helps the family get the representation they need. So, seek professional help answer file a claim if you’re a victim of mismanagement during your child’s birth. It is always a good idea to file sooner rather than later.