Cerebral Palsy Lawsuit: A Comprehensive Guide
When a child is diagnosed with cerebral palsy, it can be a devastating blow to the family. The condition, which affects muscle coordination and body movement, can be caused by a variety of factors, including medical negligence. In such cases, families may consider filing a cerebral palsy lawsuit to seek compensation for the damages incurred. This article will delve into the intricacies of such lawsuits, providing valuable insights and examples.
Understanding Cerebral Palsy
Cerebral palsy is a neurological disorder that affects a person’s ability to move and maintain balance and posture. It is the most common motor disability in childhood, affecting approximately 1 in 323 children in the United States, according to the Centers for Disease Control and Prevention (CDC).
When to Consider a Cerebral Palsy Lawsuit
Not all cases of cerebral palsy are due to medical negligence. However, if the condition was caused by preventable medical errors during pregnancy, labor, delivery, or shortly after birth, a lawsuit may be warranted. Examples of such errors include failure to detect and treat infections in the mother during pregnancy, failure to monitor fetal heart rate during labor and delivery, and failure to perform a cesarean section in a timely manner when needed.
The Process of a Cerebral Palsy Lawsuit
Filing a cerebral palsy lawsuit involves several steps. First, you must consult with a lawyer who specializes in medical malpractice cases. They will review the medical records and possibly consult with medical experts to determine if negligence occurred. If there is a case, the lawyer will file a lawsuit on your behalf.
- The discovery phase: Both sides gather evidence, which may include medical records, witness testimonies, and expert opinions.
- The negotiation phase: The defendant’s insurance company may offer a settlement to avoid going to trial. If a fair agreement cannot be reached, the case proceeds to trial.
- The trial phase: Both sides present their case in court, and a judge or jury makes a decision.
Case Study: A Successful Cerebral Palsy Lawsuit
In 2019, a family in Baltimore won a $229 million verdict, the largest in U.S. history for a medical malpractice case, after their daughter developed cerebral palsy due to medical negligence during her birth. The hospital failed to perform a cesarean section in a timely manner, leading to a lack of oxygen and subsequent brain damage.
Conclusion
A cerebral palsy lawsuit can be a complex and emotionally draining process. However, it can also provide much-needed financial support for the lifelong care of a child with cerebral palsy. If you believe your child’s condition was caused by medical negligence, it is crucial to consult with a knowledgeable lawyer who can guide you through the process.
