Florida Cerebral Palsy Lawsuit Filing Process

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The Florida cerebral palsy lawsuit filing process includes several steps that can be confusing. If you plan to take legal action on your child’s behalf, whether for discrimination or medical malpractice, it’s crucial to understand the process. It’s also important to rely on an experienced cerebral palsy lawyer who knows the laws and has proven wins for similar clients.

Does Medical Malpractice Cause Cerebral Palsy?

Cerebral palsy can be caused by many factors but ultimately results from brain damage acquired during pregnancy or labor and delivery. Many things can happen to cause damage that are out of the control of healthcare professionals.

In some cases, a doctor’s or a nurse’s mistakes lead to the brain damage that causes cerebral palsy. For example, if a doctor delays starting a C-section and the baby loses oxygen, this could be a significant contributing factor.

What Is a Cerebral Palsy Lawsuit?

As the parent of a child diagnosed with cerebral palsy, you may have several legal decisions to make, now and in the future.

There are two main types of lawsuits that you can file on behalf of your child to seek justice, to recover damages, and to ensure access and opportunities equivalent to those of other children:

Medical Malpractice Lawsuits

You can file a medical malpractice lawsuit if you believe that a doctor or other medical professional failed to provide you or your child with the appropriate and adequate care expected, leading to injuries. This is one of the most common types of cerebral palsy lawsuits.

Discrimination and Disability Rights Cases

If your child or family faces discrimination because of disabilities or is not getting access to needed services or opportunities, you may file a complaint.

This is the typical way to handle a discrimination situation, but you also have the right in Florida to take private action that presents a lawsuit against those responsible.

How to File a Florida Cerebral Palsy Malpractice Case

The process of filing this kind of case depends on state laws. Every state sets laws for how malpractice lawsuits are presented and how they proceed. Know the steps, beginning with the statute of limitations, to have the best chance of a possible outcome.

• Statute of Limitations. The statute of limitations on most Florida malpractice cases is two years from when the negligence occurred or two years from when it was discovered. Minors are an exception, so you have until your child’s eighth birthday to start the process.[1]
• Affidavit of Merit. Florida law requires that the filing attorney submit a certificate of counsel.[2] It shows that the lawyer conducted a reasonable investigation and believes your allegations have merit.
• Complaint Response. After your complaint against the defendants has been filed by your lawyer, along with the affidavit, the defendants must respond. They will most likely deny liability, so be prepared for that outcome.
• Investigation. If the defendants do deny liability, the case will proceed. Both sides will investigate the incident and your allegations. Your lawyer will continue building evidence and finding experts to testify on your behalf.
• Damages. As the case proceeds, you and your lawyer will discuss how much to seek in damages. Florida capped non-economic damages in 2003, but the state Supreme Court overturned that cap, declaring it unconstitutional. You are free to claim as much as you believe you are owed. To help make the estimation, provide your lawyer with all documents related to cerebral palsy expenses.
• Settlement Negotiation. With both sides building cases, your lawyer could negotiate a settlement to avoid trial. Many defendants choose to settle because it is less costly than losing in court.
• Trial. If both sides cannot reach a settlement agreement, your lawsuit will go to trial. A jury will hear both sides and make a decision and award damages, although either party can appeal that decision.

How to File a Discrimination Complaint in Florida

Federal and Florida laws prevent discrimination in housing, public access, and employment. Federal laws ensure that disabled children receive a free and appropriate education.[3] You may need to file a complaint or sue if any of these rights are violated.

Most complaints go to the Florida Commission on Human Relations. You’ll file your claim here unless a federal law better applies to your situation. For instance, if your local public bus doesn’t have room for your child’s wheelchair, a right to open access is being denied.

The process goes from complaint to mediation. A mediator assigned to your case will try to resolve the issue. If this doesn’t work, the Commission will investigate the incident and decide whether or not your child has experienced discrimination.

You may also want to file a lawsuit, which Florida law allows. This can result in compensation for your child. Your lawyer can help guide you through the process of a civil lawsuit.

How to Find a Florida Lawyer for the Cerebral Palsy Lawsuit Filing Process

Choosing the Florida cerebral palsy lawyer who will take you through this process is important. Look for a lawyer specializing in medical malpractice or disability rights who has proven experience working with clients like your family.

You have every right to ask questions and to get references before hiring your legal team.

Filing a lawsuit for cerebral palsy in Florida can be confusing. It can all feel overwhelming, but doing so is worthwhile.

You can win compensation for your child, which will help provide care and treatment. Let the right lawyer guide you through the process, and you have a good chance of success.