Cerebral palsy is a group of disorders affecting movement, balance, and posture due to brain damage before, during, or after birth. This disorder impairs various facets of a child’s development and their entire life.
Preterm births have a higher chance of contracting this disorder. A recent study found that the risk of cerebral palsy becomes increasingly higher in younger births (lower gestational age). Babies who develop health issues after birth are also at higher risk; and are 31 times more likely to develop cerebral palsy compared to their healthy counterparts.
Healthcare providers must ensure that mothers and their babies are healthy – mitigating the chance of preterm deliveries. At the same time, medical teams and facilities must provide adequate care for infants to avoid any birth-related injuries. Proper medical attention and support for affected children may be ensured through birth injury claims.
Can You Sue for Mild Cerebral Palsy?
All families affected by cerebral palsy may take legal action against negligent healthcare providers. Any damages brought upon by negligent healthcare providers may be compensated; meaning even less severe cases of cerebral palsy should also be accounted for.
Negligent doctors and medical teams must be held liable for all actions (or the lack thereof) that lead to cerebral palsy. Some common malpractices that may be committed in healthcare facilities include:
- Failure to monitor and properly respond to fetal distress
- Improper use of delivery tools
- Mismanagement of maternal infections
- Providing unnecessary or potentially harmful medications
- Failure to treat diseases in newborns
- Mismanagement of premature births
While a milder form of cerebral palsy would mean less compensation, such indemnity would allow families to provide all the support needed by their affected child.
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Steps for Filing a Cerebral Palsy Lawsuit
Medical malpractice claims generally follow these steps:
1. Consultation and Assessment
Meet with a specialized birth injury attorney to discuss your case. They'll evaluate the merits of your claim, explain the legal process, and determine if you have grounds for a lawsuit. Families do not need a prior diagnosis to get their case started, as medical malpractice lawyers often work with medical experts to establish a claim.
Some firms offer free consultations for medical malpractice claims. Such firms can be a good starting point and could help you understand the course you should take.
2. Gathering Evidence
At this point, you and your legal team gather all evidence relevant to your claim. These pieces of evidence include:
- Pre-delivery Medical Records
- Medical Expert Testimony
- Imaging Results
- Apgar Scores
- Cord Blood Gas Analysis
- Witness Statements
- Long-term Care Plans
Your legal team would then work closely with medical experts to establish and strengthen your claim. Do note, however, that most evidence needed would need to be requested by an official legal representative.
3. Filing the Claim
Once sufficient evidence is gathered, your attorney will draft and file a legal complaint. This document outlines your allegations against the healthcare providers or institution, detailing how their negligence led to your child's cerebral palsy. The complaint is filed in the appropriate court, officially starting the lawsuit. Your attorney will ensure all necessary legal procedures are followed and deadlines are met.
4. Discovery
The discovery phase is an in-depth investigation where both sides exchange information. This includes written interrogatories (questions), requests for documents, and depositions (sworn out-of-court testimony). Medical experts may be deposed to provide professional opinions on the case. This phase can be lengthy but is crucial in building a strong case or potentially leading to a settlement.
5. Settlement or Trial
Many cerebral palsy cases are resolved through settlement negotiations, avoiding a trial. If a fair settlement can't be reached, the case proceeds to trial. In court, both sides present their evidence and arguments to a judge or jury. Expert witnesses often play a key role in explaining complex medical issues. The outcome of the trial determines whether compensation will be awarded and, if so, the amount.
How Long Do Lawsuits Last?
In an earlier study, it was found that up to 96.9% of all medical malpractice cases are settled out of court. This means that most of the time affected families can get compensated without the need to go to trial. Cases that proceed to trial typically take around 6.5 years to conclude, while case settlements are typically reached after about 5 years.
Defendants in medical malpractice cases often opt for settlements to avoid lengthy, costly trials. It was also found that court judgments are generally more expensive compared to out-of-court settlements. Settlements offer more control over outcomes and allow for quicker resolution of claims.
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Statute of Limitations for Cerebral Palsy
In New York, the statute of limitations for cerebral palsy depends on several factors. Generally, medical malpractice claims must be filed within 2.5 years from the date of the alleged malpractice or from the end of continuous treatment by the physician or hospital.
However, for cases involving infants, the statute of limitations is tolled (paused) until the child's 18th birthday. This means that a lawsuit can be filed at any time before the child turns 20.5 years old.
It's crucial for parents to consult with a birth injury lawyer as soon as possible. Early legal consultation can help preserve pieces of evidence, further strengthening your claim. By seeking legal advice promptly, parents can focus on their child's care while ensuring their legal rights are protected.
Speak to a Birth Injury Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
