Top topics on this page:
What is a Cerebral Palsy Lawsuit?
Cerebral palsy lawsuits can be filed against negligent health care providers responsible for birth injuries.
Medical professionals are trained to be able to safely deliver babies and navigate emergencies during childbirth. Mistakes made during birth that cause harm to the baby may be considered medical negligence or malpractice.
If your child developed cerebral palsy due to medical malpractice, you may be able to file a lawsuit. Cerebral palsy claims seek financial compensation from negligent doctors and other medical professionals who caused the baby’s condition.
Compensation from a lawsuit can help pay for your child’s care. This money can pay for therapy, surgery, medication, adaptive equipment, and more to improve your child’s quality of life.
Who Can File a Cerebral Palsy Lawsuit?
Parents and/or caregivers of children who developed cerebral palsy before, during, or shortly after childbirth may be able to file a medical malpractice claim against the health care professionals responsible for the injury.
The best way to file a cerebral palsy lawsuit is to work with a specialized law firm. These cerebral palsy law firms have the resources to prove and strengthen your claim to win compensation.
Many of these law firms have registered nurses on staff who can listen to your story and determine if medical malpractice is to blame for your child’s condition. These medical experts have years of experience handling cases just like yours.
If the law firm determines your child’s cerebral palsy was caused by medical negligence, you may be able to pursue financial compensation.
Can You Sue a Doctor for Cerebral Palsy?
You may be able to sue a doctor for cerebral palsy if they were responsible for causing your child’s condition.
Your claim must prove the doctor is to blame for your child’s birth injury. This can be difficult to determine on your own or while working with a general law firm.
Thankfully, a cerebral palsy lawyer can determine the cause of your child’s cerebral palsy and identify who (if anyone) is responsible for your child’s injury. Contact us to learn more.
How Do Cerebral Palsy Lawsuit Cases Work?
When filing a cerebral palsy lawsuit, you can expect your lawyer to handle all the heavy lifting that comes with filing a legal claim. Your lawyer will determine the responsible party, file your lawsuit, collect evidence, build your claim, and negotiate compensation amounts on your behalf.
You can expect your cerebral palsy lawyer to keep you updated throughout the entire case, so all you have to worry about is caring for your child.
The cerebral palsy lawsuit process can vary depending on your case. However, there are some general steps that most lawsuits follow.
Free Case Evaluation
The first step in the lawsuit process is to get a free, no-obligation consultation from a cerebral palsy lawyer.
During your free case review, a case manager and/or nurse will ask questions about your pregnancy, childbirth, and child’s condition.
If your lawyer believes your child’s cerebral palsy was caused by medical negligence, you may be able to file a lawsuit.
Your lawyer will then collect supporting evidence to back your claim and prove your doctor committed medical malpractice.
Documents such as imaging scans, medical records of the mother and baby, and accounts from witnesses of the childbirth may be collected to support your case.
Filing the Lawsuit
Once your lawyer collects initial evidence, they will formally file your lawsuit against the medical professionals responsible. You will become the plaintiff, and the doctor and/or hospital will become the defendant.
The initial demand letter will outline why the defendants are responsible for the injury and ask them to compensate the plaintiff for damages.
The defendants generally have around 30 days to respond to the complaint. The lawsuit will move to the next phase if they refuse to pay.
You will not have to worry about filing your lawsuit on your own, as your cerebral palsy lawyer will take care of it for you.
During the discovery process, your lawyer will collect more evidence proving your child’s cerebral palsy was caused by acts of medical negligence. This evidence may include more medical records and testimonies from loved ones and medical experts.
During this phase, the defendants’ attorneys will also gather evidence trying to prove their case.
Settlement or Verdict
A cerebral palsy lawsuit is resolved with a settlement agreement or a trial verdict.
Settlements occur when the defendant agrees to pay a specific amount of financial compensation to the plaintiff without going to court. About 95% of cerebral palsy lawsuits end in a settlement agreement.
However, if the defendant does not agree to a settlement, the case will move onto a trial. During a trial, a judge and/or jury will listen to both parties’ arguments and decide if the defendant is responsible for the child’s injury.
Many cerebral palsy lawyers decide to pursue settlements over trial verdicts since they are less risky, time-consuming, and costly. You will not win any compensation if the trial does not rule in your favor.
Your lawyer will fight to win as much compensation as possible on your behalf. You can trust your claim is in good hands when working with a CP attorney.
How Much Are Cerebral Palsy Lawsuit Settlements?
Most cerebral palsy lawsuits are settled out of court before reaching a trial. Although every case is different, a study from the TDC Group found the average medical malpractice claim for children under one-month-old awards around $1 million. (This includes other birth injuries, such as Erb’s palsy.)
Factors such as the injury’s severity, estimated treatment costs, and more can impact the amount of compensation from a settlement agreement.
Cerebral palsy lawsuit compensation can pay for:
- Adaptive equipment
- Lost wages
- Mobility aids
- Occupational therapy
- Physical therapy
- Special education costs
- Speech therapy
- Transportation equipment
Notable cerebral palsy settlement and verdict amounts include:
- Over $10 million for the family of a child with cerebral palsy
- $9 million for the family of a 5-year-old with cerebral palsy
- $8.9 million for the family of a child with cerebral palsy
- $5.8 million for the family of a 1-year-old with cerebral palsy and microcephaly
What is the Cerebral Palsy Statute of Limitations?
Statutes of limitations are laws that limit how long you have to file a cerebral palsy lawsuit. Statutes of limitations vary by state, but an attorney can help you determine where and when to file a claim. Some states give as little as one year from the date of the injury to file your claim, so these cases are very time-sensitive.
If you do not file your lawsuit within the statute of limitations, you may not be able to take any legal action at all. Working with an experienced attorney can ensure your claim is filed promptly.
How Do I File a Cerebral Palsy Lawsuit?
Working with a specialized lawyer is the best way to file a cerebral palsy lawsuit. These attorneys have the qualities needed to win your case.
LawFirm.com can help. We can connect you with a cerebral palsy lawyer who has:
- Experience: The best cerebral palsy lawyers have decades of experience helping families like yours.
- Resources: Top cerebral palsy law firms have nurses on staff and access to CP doctors to back your claim.
- A track record of success: Your lawyer should have proven success in securing compensation for families affected by cerebral palsy.
Most importantly, the attorneys in our network never charge any upfront or out-of-pocket fees. They get paid only if your case is successful.