Though cerebral palsy can be caused by genetic mutations, it also results from medical negligence and improper response to difficult delivery. In those situations, the doctors, nursing staff, hospital, and other healthcare professionals may be liable for causing your child’s birth injury.
Children affected by cerebral palsy can face difficult challenges throughout their lives, and their families often face mounting pressures like medical debt. As a Trial Lawyer for Justice, attorney Ben Crump helps families get the compensation they need to ensure a safe, fulfilling future for their children.
Ben Crump is ready to help you and your family secure compensation, get justice, and set yourselves up for the future you deserve.
When a Medical Care Provider Is Responsible for Cerebral Palsy
Genetic conditions and underlying mutations can cause birth injuries like cerebral palsy, but the injury may also be caused by improper medical care or negligence. Healthcare professionals are supposed to abide by an accepted, nationwide standard of care. That standard represents what a reasonable medical professional would do in the same circumstances.
When that standard is violated, the healthcare provider commits malpractice and can be held legally liable for the harms they cause. Some examples of how cerebral palsy can be caused by a medical caregiver’s negligence include:
- Failing to detect distress suffered by the fetus
- Failing to order or perform a Cesarean section when necessary
- Improperly using tools during delivery, such as vacuums and forceps
- Misdiagnosing or failing to diagnose conditions during pregnancy
- Improperly managing the labor and delivery process
Doctors, nurses, and even the hospital itself can be held responsible for compensating you and your child if their actions or failure to act leads to serious harm like cerebral palsy. However, proving medical malpractice in these cases can be difficult and arduous.
How Lawyers in Cerebral Palsy Cases Prove Liability
One of the major roles of your personal injury attorney in a cerebral palsy medical negligence claim is to collect and present evidence of the at-fault party’s liability. We do that through a number of avenues, depending on the specifics of your case.
Typically, cerebral palsy lawyers use your medical records to show the care that was provided. Then, we get testimony from expert witnesses (i.e. other doctors and healthcare providers who handle births). They can tell us and the court where your provider strayed from the accepted standard of care.
We mayalso use testimony from you, your family, or others familiar with your child’s injury to show how the actions of the medical staff have impacted your child’s life.
Types of Damages in Cerebral Palsy Claims
Damages are the harms that are caused by an injury. As cerebral palsy attorneys, we make a list of all the negative impacts that the injury has caused you and your child. Then, we add up the monetary value of those various damages to get the total value for which you can sue.
Typically, families can get compensation for damages like:
- Medical bills (including initial care and ongoing therapy costs for your child)
- Necessary disability modifications for your child (such as car seats and in-home medical equipment)
- Lost wages as a result of needing to stay home with your child
- Your child’s lost future earning potential
You may also be able to get compensation for more subjective damages that don’t come with bills or receipts. This includes the pain and suffering endured by your child and, in some cases, your own pain and suffering as a result of the experience.
Cerebral Palsy Lawyer FAQs
If your child developed cerebral palsy as a result of medical malpractice or negligence, you likely have many questions about the legal process and your child’s future. These are some of our more frequently asked questions. For more information, schedule a free case review with Ben Crump Trial Lawyers for Justice.
What Is the Average Cerebral Palsy Settlement?
It’s difficult to determine a useful average when talking about the settlement you can expect in your cerebral palsy lawsuit. This is because so much of your payout is influenced by the particular details specific to your case. Depending on which state your child was injured in, there may also be special caps or limits on the amount of money available for compensation.
In general, birth injury cases that go to trial result in an average of $1.6 million in compensation.
How Long After the Birth Injury Can You Sue?
Time limits for filing cerebral palsy birth injury claims depend on a variety of factors, including which state your child was in when they were injured. Usually, personal injury claims like these have a statute of limitations between one and three years from either the time the injury occurred or the time it was discovered.
The best way to know how long you have to sue for compensation is by discussing your claim with cerebral palsy lawyers.
Can You Sue a Hospital for Your Child’s Cerebral Palsy?
A hospital, a specific doctor, a nurse, or any combination thereof can be held liable for causing your child’s cerebral palsy in specific circumstances. Doctors and nurses can be responsible for providing you with compensation if their actions or failure to act resulted in the birth injury.
Hospitals, on the other hand, can be sued for compensation when the organization as a whole acted with negligence. Examples of occasions where suing the hospital is entirely reasonable include:
- When your child’s doctor or nurse had a prior history of negligence or malpractice
- When the equipment used by the staff was faulty or out of date
- When hospital staff was not properly trained
Can You Sue When a Cerebral Palsy Birth Injury Results in the Mother’s Death?
Yes. In rare, unfortunate cases, a birth complication that causes cerebral palsy may also injure the mother and even lead to her death. When that happens, a birth injury attorney can help you file a wrongful death claim for the funeral expenses, medical care leading up to the mother’s death, and additional damages.
You can file that wrongful death claim on behalf of the mother while still pursuing legal action for the injuries suffered by your child.
Let Our Cerebral Palsy Trial Lawyers Fight for You
You only have a limited amount of time to get the compensation you and your family deserve for the injury that caused your child’s cerebral palsy. Failing to file a claim within your state’s statute of limitations will mean that you can no longer hold those responsible for your child’s injury accountable.
Ben Crump Law offers FREE case evaluations so that the parents of children with cerebral palsy can learn about their legal options. Meet with us for free, let us analyze your case, and then you can make the best decision for you, your child, and your family. Getting a free case evaluation does not obligate you to hire us!