Do you know your rights when it comes to medical malpractice
and cerebral palsy? Cerebral palsy
a serious injury that occurs before, during, or just after birth; causes
include lack of oxygen to the brain, head trauma, infection, or premature
delivery. The cost of caring for a
child with cerebral palsy can be great, and you do have the option of pursuing
compensation through a medical malpractice suit.
The symptoms of cerebral palsy might not be present right
away, but they should be apparent by age 3 years. The delay of noticeable symptoms can present a challenge for
parents who believe their child’s condition was the result of medical
First, to determine if you even have a case, you must be
able to prove three things. You
must be able to show negligence on the part of medical professionals for the
patient’s care, that the negligence was the cause of the child’s injury, and
that damages were caused. The
proof of negligence typically involves medical expert’s testimony that care was
below average. Because this expert
testimony is necessary for these medical malpractice cases, the cost of the
lawsuit can be extremely expensive -- easily over $200,000 before trial.
Another consideration is the statute of limitations. There is a time limit during which you
can file a claim; outside of this time and you lose the ability to sue forever. For many malpractice cases, the statute
of limitations is one year after injury or death. However, one huge exception to this rule is for children
under age 3, which includes injuries suffered at birth -- you have up until the
child’s 8th birthday to file a claim.
Cases can take up to 2 to 3 years to be resolved. Most cases are settled outside of
court, but some do require a trial.
Attorneys receive a percentage of the settlement recovered from the
Many attorneys recommend scheduling a consultation if you
feel your child’s cerebral palsy is a result of medical malpractice.