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Cerebral palsy is a permanent neurological condition, although it is not progressive. Medical errors, whether unintentional or not, can cause the disorder. As the parent or caregiver, you can file a lawsuit for medical malpractice, but it’s essential to have an experienced cerebral palsy lawyer to guide you.
How a Cerebral Palsy Lawyer Can Help
An experienced cerebral palsy lawyer can tackle a complicated medical malpractice case. They have the expertise and knowledge to help you navigate the laws and lawsuit process. Here’s how their expertise can help you and your child:
- Determine if you have a strong malpractice case.
- Investigate to find evidence of medical negligence and provide relevant medical experts for testimony.
- Provide in-depth knowledge of the specific laws in your state related to birth injuries, minors, and medical malpractice.
- Offer experience handling similar cases for families like yours.
- Give a better chance of winning against influential physicians’ insurance companies.
- Provide a way for you to recover monetary damages that will help cover your child’s costs of care and treatment.
Recovering Damages to Pay Medical Bills
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You can use the compensation to cover early interventions, treatments, and therapies, as well as ongoing care. An experienced cerebral palsy lawyer will give you an honest opinion about your case and your chances of getting compensation from those responsible.
Do I Need a Lawyer?
A lawyer is not required, but medical malpractice cases are not easy to handle alone. Laws vary by state and typically don’t favor victims. Without an experienced legal expert to guide you, the chances of winning are lower.
Defendants in medical malpractice cases generally have experienced legal teams paid for by big insurance companies. Lawyers unfamiliar with the detailed process of starting and working through a cerebral palsy case are less likely to win.
Lawyers specializing in birth injury malpractice cases know how to to find the mistakes doctors made, gather expert witnesses, and hold negotiations for a settlement in your favor.
How to Choose a Cerebral Palsy Lawyer
Not all attorneys have the same experience and background, and some may not deserve your trust. Here are some tips for finding the right lawyer for your family:
- Only choose a lawyer that specializes in medical malpractice cases, with a focus on birth injury or cerebral palsy lawsuits.
- Ask for referrals from similar clients or someone you know.
- Check with support groups or local organizations for disabled children for referrals.
- Look for a professional and informational website.
- The law firm’s contact information should be readily available, and they should make it easy to get in touch and ask questions.
- Choose a lawyer who works on a contingency basis and does not require payment upfront.
Types of Compensation
A cerebral palsy lawyer gives you the best chance of recovering damages in a lawsuit. The amount you may be entitled to depend on several factors:
- Past and future medical costs.
- Reimbursement for home accommodations.
- Physical pain and emotional suffering.
- Lost wages if a parent can no longer work due to childcare needs.
- Special education costs.
- Counseling costs.
- Rehabilitation and therapy costs.
Will an Attorney Make Sure I Win My Lawsuit?
There is no guarantee you will win your lawsuit for medical malpractice. Reputable cerebral palsy lawyers will never guarantee a specific outcome. There are too many factors that they cannot control. Only an unscrupulous lawyer would give you a guarantee.
Keep in mind that if you have a solid case of medical negligence that led to your baby’s cerebral palsy, you do have a good chance of winning your case with an experienced cerebral palsy attorney.
Many cases have resulted in multimillion-dollar settlements after plaintiffs hired experienced lawyers.
How Long Does a Cerebral Palsy Case Take?
A cerebral palsy lawyer will work on your case until completion, whatever the outcome. There is no set time for a medical malpractice lawsuit, but the process can be lengthy, typically months to years. Expect your case to take at least 18 months.
What if I Can’t Afford to Hire a Lawyer?
Most cerebral palsy attorneys offer payment on a contingency basis. This means that you pay nothing upfront. The lawyer will get paid only when you win your case and receive a percentage of your recovered damages.
When Should I Contact a Lawyer?
Reach out to a cerebral palsy lawyer as soon as possible. State law limits the time you have to file a lawsuit for medical malpractice. After the statute of limitations has passed, you miss your opportunity to hold the responsible medical professionals accountable.
Talk to a lawyer as soon as you feel like something was off about your medical care. This is the professional you need to provide advice and get the best possible chance of receiving compensation for your child.
- Cerebral Palsy - Symptoms and Causes. (2019, August 17). Mayo Clinic.
Retrieved from: https://www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999
- Causes and Risk Factors of Cerebral Palsy. (2019, September 23). Centers for Disease Control and Prevention.
Retrieved from: https://www.cdc.gov/ncbddd/cp/causes.html
- The Washington Times. (2014, January 29). Lawyers: $9M Settlement for Boy’s Cerebral Palsy.
Retrieved from: https://www.washingtontimes.com/news/2014/jan/29/lawyers-9m-settlement-for-boys-cerebral-palsy/