What Is a Cerebral Palsy Lawyer?
A cerebral palsy lawyer is an attorney who specializes in filing birth injury lawsuits on behalf of families with children whose cerebral palsy was caused by medical malpractice or negligence.
Taking legal action against careless medical professionals allows innocent families to pursue justice and financial compensation for their child’s condition.
Cerebral palsy lawyers understand the devastation that often comes with a CP diagnosis and the extent of resources needed to provide adequate care.
According to the Centers for Disease Control and Prevention, the cost to provide a lifetime of care for a person with cerebral palsy is about $1.65 million when adjusted for inflation in 2023, and this excludes basic living expenses.
If you believe your child’s cerebral palsy was caused by a medical error, contact our team right now for a free consultation. We can connect you with a top cerebral palsy lawyer if you qualify.
Cerebral Palsy & Malpractice Law
In some instances, cerebral palsy is unavoidable due to unexpected problems during labor and delivery. However, many cases of cerebral palsy are the result of medical malpractice and could have been prevented if the doctor had provided an acceptable standard of care.
Some examples of medical mistakes that can lead to cerebral palsy include:
- Failure to detect or treat infections
- Failure to detect fetal distress, leading to lack of oxygen and brain damage
- Failure to perform a cesarean section (C-section)
- Misuse of forceps or vacuum extractors
- Not setting up the delivery room in a timely manner
- Umbilical cord problems
- Untreated jaundice
A cerebral palsy attorney can help you figure out the specific causes of cerebral palsy in your child’s case and whether your child’s condition may have been caused by medical malpractice.
Working With a Cerebral Palsy Attorney
A cerebral palsy lawyer files lawsuits against negligent health care providers who may have caused a child’s cerebral palsy. They fight to ensure that parents obtain the compensation they need to care for their child and that those responsible are held accountable.
These legal professionals understand the emotional toll that an unexpected diagnosis can have on families and can handle a case from start to finish so you can focus on caring for your child.
The Cerebral Palsy Lawsuit Process
Once you agree to work with a cerebral palsy lawyer, the attorney will assemble a legal team made up of medical experts, support staff, and others to start on your case.
Here are the basic steps that you can expect your CP attorney to follow when filing a lawsuit on your behalf.
- Building the case: Your legal team will gather medical records and other documents to investigate your case, establish the cause of your child’s cerebral palsy, and prove medical malpractice.
- Filing the lawsuit: Your lawyer will file a cerebral palsy lawsuit against all negligent parties within state deadlines called statutes of limitations. This can include doctors, nurses, any other medical professional who treated you and your baby, and the medical center or hospital where you delivered your baby and/or received prenatal care.
- Settlement negotiations: Your attorney will negotiate a settlement with the defendant(s). Most defendants in medical malpractice lawsuits would rather settle out of court because it reduces the chances of getting bad publicity. Settlements also avoid expensive, lengthy court battles and allow families to avoid the risk and delay of a trial.
- Trial proceedings: In the unlikely event that a cerebral palsy settlement agreement cannot be reached, your cerebral palsy lawyer will take your case to trial. A judge or jury will provide a verdict.
Cerebral Palsy Settlement Amounts
Every cerebral palsy lawsuit is different, so cerebral palsy settlements vary in amount depending on a wide range of factors, including the type of cerebral palsy, level of impairment or disability, and the expected cost of medical care over a lifetime.
When facing a cerebral palsy lawsuit, hospital representatives and their insurance companies may try to aggressively convince new parents to accept a sum of money in order to quickly put the tragedy behind them.
However, it is critical to speak with a cerebral palsy lawyer before accepting any settlement offers. That’s because these amounts — while seemingly generous — are usually not nearly enough to cover the cost of care over a child’s lifetime.
A cerebral palsy lawyer will work with you to develop a life care plan, which will help you understand your current financial losses and the expenses that you will most likely face in the future due to your child’s condition.
Past results — while no guarantee of future success — suggest that seeking guidance from a skilled cerebral palsy lawyer is in your best interest.
Some notable cerebral palsy settlements include:
- $12 million to a family in Illinois
- $7.5 million to a family in Oklahoma
- $5.9 million to a family in New York
- $1.25 million to a family in Indiana
The cerebral palsy attorneys that we work with have recovered more than $862 million for families with children with cerebral palsy and other birth injuries.
Contact us right now for a free case review. We will connect you with one of these top attorneys if you qualify.
Birth Injury Help for Your Child
Cerebral palsy settlement money can be used to help your child — and your family — in many ways.
Money from a birth injury settlement can help pay for:
- Assistive technology
- Lost wages (if you need to stay home to care for your child)
- Medical expenses
- Physical therapy
- Speech therapy
- Special education
- Other expenses
Settlement money can also provide parents with peace of mind knowing that they can now afford the care their child needs.
Contact our team right now to take the first step toward securing your child’s future.
Qualities of Top Attorneys for Cerebral Palsy Cases
Selecting a cerebral palsy lawyer is one of the most important decisions you will make when it comes to affording future care for your child.
When interviewing cerebral palsy lawyers, make sure the attorney you choose has these qualities:
- Experience: Cerebral palsy cases are complex and are best handled by birth injury lawyers with years of experience fighting for families like yours.
- National reach: Some lawyers work for national cerebral palsy law firms. These firms can handle birth injury cases across the country and have special resources like registered nurses on staff and access to medical experts to help prove medical malpractice.
- No upfront or hourly fees: The best cerebral palsy lawyers take cases on a contingency fee basis, which means they get paid by taking a small percentage of the client’s settlement or verdict award. You pay nothing if they do not win your case.
- Proven track record: Cerebral palsy attorneys who have won cases similar to yours are best positioned to recover money for you. Ask about the results they have achieved for past clients.
Finding Cerebral Palsy Attorneys
Not all personal injury law firms can handle birth injury cases.
Cerebral palsy lawyers have the expertise and resources to not only win these complex cases but to recover maximum compensation for families like yours.
The cerebral palsy attorneys in the LawFirm.com network can skillfully handle every aspect of your case, so you can focus on caring for your child. They never charge any upfront fees and can file birth injury cases in all 50 states.
CP lawyers know what’s on the line and will fight vigorously for your child and your family.
Cerebral Palsy Lawyers FAQs
Can you sue if your child has cerebral palsy?
Yes, you may be able to file a lawsuit if your child has cerebral palsy caused by a health care provider’s medical malpractice or negligence.
A cerebral palsy birth injury lawyer can review the facts of your case and let you know if you have a valid claim. They often have resources like on-staff labor and delivery nurses who can listen to your story and determine if medical malpractice may have played a role in your child’s condition.
Is cerebral palsy caused by negligence?
Cerebral palsy is caused by medical negligence in some cases. For example, a doctor’s failure to detect fetal distress can lead to a brain injury that results in cerebral palsy.
A lawyer for cerebral palsy can help you determine if medical negligence may have played a role in your child’s cerebral palsy.
What is a CP lawyer?
A CP lawyer, or cerebral palsy lawyer, is a birth injury attorney who specializes in cerebral palsy cases. CP lawyers file cerebral palsy lawsuits, collect evidence to build strong medical malpractice cases, and negotiate settlements on behalf of affected families.
CP lawyers are experts in birth injury law and understand the challenges of raising a child with cerebral palsy and the cost of providing adequate care over a lifetime.
When should I speak with a cerebral palsy lawyer?
You should speak with a cerebral palsy attorney as soon as possible if you believe that medical negligence caused your child to develop cerebral palsy. State laws called the statute of limitations place strict time limits on how long you have to take legal action.
The clock generally begins to run on the date of the injury (or the date that the injury was discovered). Once this period of time passes, you will not be able to pursue a lawsuit for your child’s condition again.