What Is a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit is a legal action filed against negligent health care providers responsible for a child’s cerebral palsy.
Obstetricians and other medical professionals are trained to safely deliver babies and navigate emergencies during the birthing process. Mistakes that cause harm to the mother or baby may be considered medical malpractice.
If your child developed cerebral palsy due to a medical error, you may be able to file a cerebral palsy malpractice lawsuit and seek financial compensation from the health care providers responsible.
Reasons to File a Cerebral Palsy Lawsuit
Cerebral palsy lawsuits can benefit families in many different ways.
A successful cerebral palsy claim can help parents:
- Hold negligent medical professionals accountable
- Motivate hospitals to enact policies to protect other newborns
- Pay for treatments, therapies, medications, adaptive equipment, and more
- Secure their child’s future
If you believe your child developed cerebral palsy because of medical mistakes, our team at LawFirm.com is here to help. Take the first step toward justice and compensation with a free case review.
- 95% of cerebral palsy lawsuits end in settlements.
- The average cerebral palsy birth injury settlement is more than $1 million.
- Our legal partners have secured more than $862 million in birth injury payouts for clients.
- The amount of time you have to file a cerebral palsy claim depends on the state in which your child was born.
Who Can File a Cerebral Palsy Lawsuit?
Parents or guardians of children who developed cerebral palsy as a result of a medical error before, during, or shortly after childbirth may be able to file a cerebral palsy lawsuit.
Some examples of medical malpractice that can cause cerebral palsy include:
- Delaying a necessary cesarean section (C-section) or not performing one at all
- Failing to detect or treat a lack of oxygen
- Failing to treat infections in the mother or baby
- Ignoring signs of fetal distress
- Misusing forceps or a vacuum extractor
Keep in mind that this is not a complete list. Many other instances of medical malpractice can cause cerebral palsy brain damage.
If you’re uncertain whether medical negligence played a role in your child’s condition, LawFirm.com can help. We have registered nurses on staff who can listen to your story and determine if medical malpractice may be to blame.
Chat in confidence with one of our experienced birth injury case managers right now.
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How Cerebral Palsy Lawsuit Cases Work
When filing a cerebral palsy lawsuit, you can expect your lawyer to do all the heavy lifting that comes with filing a legal claim so that you can focus on caring for your child.
The general steps of most cerebral palsy lawsuits are listed below.
1. Free Case Evaluation
The first step in the cerebral palsy lawsuit process is to get a free, no-obligation case review in which a case manager and/or nurse will ask questions about your pregnancy, childbirth, and child’s condition.
A legal team will start handling your case immediately if you qualify.
2. Collecting Evidence
Your team will gather supporting evidence to back your claim and prove your health care providers caused your child’s cerebral palsy.
Documents such as imaging scans, medical records, and accounts from witnesses may be collected to build a strong case of cerebral palsy malpractice.
3. Filing the Lawsuit
Your cerebral palsy lawyer will formally file your lawsuit against the medical professionals who may be responsible. This may include doctors, nurses, and the hospital where the child was born. You will become the plaintiff, and the health care providers being sued will become the defendants.
Your birth injury attorney will file your lawsuit in the appropriate court and before any deadlines that may apply.
4. Settlement or Verdict
A cerebral palsy lawsuit is almost always resolved with a settlement agreement. A settlement occurs when a defendant agrees to pay a specific amount of compensation to a plaintiff without going to court.
About 95% of cerebral palsy lawsuits end in settlement agreements.
However, if the defendant does not agree to a settlement, the case will proceed to trial. During a trial, a judge or jury will listen to both parties’ arguments and decide if the defendant is responsible for the child’s birth injury.
Many cerebral palsy lawyers prefer settlements instead of trial verdicts since they are less risky, time-consuming, and costly. You will not win any compensation if the court does not rule in your favor.
Your lawyer will fight for as much compensation available under the law and work to get your payout as quickly as possible.
To see if you qualify for a cerebral palsy lawsuit, contact one of our case managers right now at (888) 726-9160.
Cerebral Palsy Settlement Values
As part of a 2019 study, researchers analyzed 1,215 birth injury claims over a 9-year span resulting in both settlements and verdicts. They found that the average medical malpractice claim payout for children under 1 month was $936,843.
Based on that data, the average payout for a cerebral palsy birth injury lawsuit is between $1.16 million and $1.32 million in 2023.
The attorneys in the LawFirm.com network have secured more than $862 million for families affected by cerebral palsy and other birth injuries.
Cerebral palsy settlements and verdicts our legal partners have achieved include:
- $9 million for a 5-year-old in Colorado
- $7.8 million for a Florida family
- $6 million for a child in New York with untreated jaundice
- $5.9 million for a Texas child who received delayed medical care
Keep in mind that your potential settlement could be more or less depending on the specifics of your cerebral palsy claim.
An attorney can give you a better idea of how much your cerebral palsy lawsuit may be worth.
LawFirm.com can connect you with a top cerebral palsy attorney. Reach out to one of our team members right now for a free consultation.
Noteworthy CP Lawsuits & Compensation Payouts 2023
Here’s a look at payouts from cerebral palsy lawsuits that have been reported by Becker’s Hospital Review.
April 2023: $183 million verdict to a Pennsylvania family that claimed that a hospital’s failure to perform a C-section on time, even though the mother had a uterine infection called chorioamnionitis, caused the child to develop cerebral palsy. The verdict is believed to be the largest single medical malpractice verdict in the state’s history.
April 2023: $35 million settlement to an Illinois family that alleged that an obstetrician’s delay in delivering one of their premature twins resulted in the child developing cerebral palsy.
May 2023: $31.6 million verdict to a Michigan family that alleged that a hospital’s failure to respond to fetal distress and perform an emergency C-section in time harmed their daughter. She suffered brain damage from oxygen deprivation and has been diagnosed with spastic quadriplegic cerebral palsy and a seizure disorder.
June 2023: $750,000 settlement to an Iowa family that blamed a hospital’s errors for their daughter’s cerebral palsy. The 2018 lawsuit claimed that the newborn experienced a “prolonged and difficult birth” and ultimately suffered a brain injury from lack of oxygen. The girl, now 7, reportedly has spastic quadriplegic cerebral palsy and vision problems. Under the terms of the settlement, the child will receive payments of about $2,000 a month until she is 38.
How Cerebral Palsy Settlements Help Families
Cerebral palsy settlements help families afford the best medical treatments and care possible for their children.
Settlement money can help pay for:
- Assistive technology
- Lost wages, if parents are caregivers
- Home care
- Motorized wheelchairs
- Occupational therapy
- Physical therapy
- Special education
- Speech therapy
- Transportation equipment
- And more
Settlement money can also make parents feel like justice has been served. Knowing that medical professionals have been forced to pay the price for their carelessness can help families move forward with their lives.
We can see if your family is eligible to pursue a cerebral palsy lawsuit settlement. Get started right now with a free case review.
Cerebral Palsy Lawsuit Statute of Limitations
The statute of limitations for cerebral palsy lawsuits limits how long you have to file your claim.
These laws vary by state, but an attorney can help you determine where and when to file.
In some states, the deadline is as short as 1 year, so these cases can be extremely time-sensitive. If you wait too long, you may miss your chance to file a lawsuit and pursue compensation.
If you suspect that your child’s cerebral palsy was caused by medical malpractice, it’s crucial that you reach out to an experienced cerebral palsy lawyer as soon as possible.
Even if you think that the deadline has expired in your case, it’s in your best interest to speak with an attorney. There may be exceptions that would give you more time to file your cerebral palsy medical malpractice lawsuit.
Get Help With a Cerebral Palsy Lawsuit
Working with a specialized lawyer is the best way to file and win a cerebral palsy lawsuit. These attorneys have the qualities needed to win cases and maximize payouts.
LawFirm.com can help. We can connect you with a cerebral palsy lawyer who has:
- A track record of success: The lawyers we work with have recovered more than $862 million for families affected by cerebral palsy and other birth injuries.
- Experience: Our legal partners have decades of experience helping families in all 50 states.
- Resources: Top cerebral palsy law firms have registered nurses on staff and access to medical experts who can help prove medical malpractice.
Most importantly, the attorneys in our network never charge any upfront or out-of-pocket fees. They only get paid if they secure money for you.
Contact us right now to find out if you are eligible for compensation.
Cerebral Palsy Malpractice Lawsuit FAQs
Is cerebral palsy caused by negligence?
Yes, in some cases, cerebral palsy is caused by medical negligence.
Some examples of medical negligence and cerebral palsy include:
- Failure to diagnose an infection in the mother or child
- Ignoring signs of fetal distress or an abnormal heart rate
- Not performing a cesarean section on time
Is cerebral palsy a medical error?
Yes, cerebral palsy is sometimes caused by a medical error. For example, medical staff may wait too long to perform a necessary C-section or may not detect or treat a lack of oxygen until it’s too late.
Is cerebral palsy caused by doctors?
Yes, cerebral palsy can be caused by negligent doctors during the birthing process.
You may be able to sue a doctor for medical malpractice if they were responsible for causing your child’s condition. Your claim must establish that the doctor is to blame for your child’s birth injury.
A cerebral palsy law firm can prove medical malpractice, file a cerebral palsy case, and seek compensation and justice on behalf of an affected family.
How long do you have to sue for cerebral palsy?
The deadline for bringing a cerebral palsy claim varies from state to state. This time limit can be as short as 1 year.
If you wait too long, you may miss your chance to file a lawsuit and seek compensation for your child’s past and future medical expenses and costs of care.
The best way to make sure you file your lawsuit in time is to contact a cerebral palsy lawyer as soon as you suspect that your child’s condition was caused by medical malpractice.
How much do lawyers charge to file a cerebral palsy lawsuit?
Top cerebral palsy attorneys — like the ones in the LawFirm.com network — take cases on a contingency fee basis. That means that they never charge any upfront or out-of-pocket fees to file a lawsuit or otherwise handle a case.
Our case managers can connect you with a top cerebral palsy lawyer near you. Contact us right now for a free case review.