• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Cerebral Palsy Guidance

Answers and Assistance

877-862-8594phone iconCall
  • Cerebral Palsy
    • Types
    • Symptoms
    • Diagnosis
    • Prognosis
    • Causes
    • Associated Disorders
    • Gross Motor Classification System
    • Treatment
    • Life Expectancy
    • Myths
    • Risk Factors
    • Support Groups
    • Research
    • United Cerebral Palsy Association
    • Birth Injury Overview
  • Living With Cerebral Palsy
    • Support Groups
    • Daily Communication
    • Physical Fitness
    • Toilet Training Tips
    • Eating and Feeding Tips
    • Wheelchairs and Scooters
    • Walkers, Canes, and Standers
    • Falling Issues
    • Augmentative and Alternative Communication (AAC)
    • Conductive Education
    • Tips For Better Sleeping
    • Traveling Tips
    • Sports
    • Bullying
    • Inclusive Playgrounds
    • Respite Care
    • Transitioning to Adulthood
    • Vocational Counseling
    • College Guide
    • Finding a Job
    • Having Children
    • Costs
  • Financial Assistance
    • Government Assistance
    • Special Education Assistance
    • Cerebral Palsy Lawyer
    • Cerebral Palsy Lawsuit
  • Our Blog
  • About Us
  • Contact Us
law books and gavel
Home > Cerebral Palsy Lawyer > Cerebral Palsy Lawsuit > Massachusetts Cerebral Palsy Lawsuit Filing Process
Last Updated: May 11, 2022

Massachusetts Cerebral Palsy Lawsuit Filing Process

Page Written by Robert Wharton, Esquire
Page Written by Robert Wharton, Esquire

This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.

For any content issues please Contact Us.

The Massachusetts cerebral palsy lawsuit filing process can be confusing for parents. It involves estimating damages, meeting deadlines, and going through a tribunal. If your child developed cerebral palsy after medical mistakes or if your child has been discriminated against, an experienced Massachusetts cerebral palsy lawyer can help.

Types of Lawsuits You May File in Massachusetts for Cerebral Palsy

For a child with cerebral palsy, there are several lifelong challenges, including disabilities, health conditions, and even discrimination. These challenges can be made a little easier if you take legal action. There are two main types of cases you may need to start on your child’s behalf.

Medical Malpractice

A medical malpractice lawsuit can be filed when a patient is harmed by medical negligence. In the case of cerebral palsy, a doctor or other medical professional must have failed to provide an adequate standard of care as determined by qualified experts.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

If this failure leads to significant harm, such as a cerebral palsy diagnosis, you can have the right to sue for damages.

Discrimination and Disability Rights

As your baby with cerebral palsy gets older, discrimination can become an issue.

Discrimination or violation of rights by disability may occur in school by denial of services, in housing if your family is turned away for rentals, or in public access if your child is not accommodated in public spaces.

The Massachusetts Commission against Discrimination resolves most incidents.[1]

Finding a Lawyer for Filing a Cerebral Palsy Lawsuit

There are several reasons to take some time to find the right cerebral palsy lawyer in Massachusetts to guide you through the filing process:

  • Medical malpractice laws are confusing, and the process is complicated. A lawyer will help you understand them.
  • With the right lawyer, every decision will be easier to make.
  • A lawyer with experience in these cases has the in-depth knowledge needed to take each necessary filing step without jeopardizing your lawsuit.
  • Working with a lawyer gives you a better chance of a successful outcome.
  • With a lawyer, you are likely to recover more in damages.
  • Lawyers have access to the medical experts you’ll need for testimony.

Filing a Medical Malpractice Lawsuit in Massachusetts

Filing a medical malpractice lawsuit for cerebral palsy can be particularly daunting.

You’re facing going up against entire legal teams representing doctors’ insurance companies. Understanding the process and the Massachusetts laws that govern it can make this a little easier.

Statute of Limitations in Massachusetts

You won’t be able to file at all if you miss the statute of limitations.

Massachusetts requires that you begin the filing process for medical malpractice within three years of when the incident occurred or when you discovered it. You cannot file more than seven years from the actual episode in the latter case.[2]

Damages Caps

An important part of the process is determining how much you will seek in damages with your lawyer.

Provide your lawyer with all relevant information and documents to help make this determination: medical records, medical bills, and receipts. Know that Massachusetts caps non-economic but not economic damages.

Filing a Complaint

Once your lawyer has discussed the process with you, the next step is to present the complaint. This document details the medical malpractice incident and notifies the defendants of your lawsuit against them.

Medical Malpractice Tribunal

The next step you’ll take in the filing process is to go before the state’s medical malpractice tribunal. This is a panel made up of a lawyer, Superior Court justice, and medical professional.

The defendants will respond to your complaint, after which your lawyer submits evidence to the tribunal.[3]

If you have a valid case, you can begin your lawsuit. If the tribunal says your case is invalid, filing is still possible, but to do so, you must submit a bond of $6,000.

Settlement Negotiations

Most malpractice cases proceed to negotiations for a fair settlement, but Massachusetts provides a unique opportunity for settling. Both sides can agree to a settlement discussion in an attempt to resolve the case.

Trial by Jury

If all attempts up to this point fail to resolve the issue or provide you with what you believe is a fair settlement, you can take your lawsuit to trial.

With the evidence presented and expert testimony, the jury will decide the case and award any damages.

Filing a Discrimination Complaint or Lawsuit

Whether or not your situation falls under state or federal law is something your lawyer can help you determine. Most cases of discrimination fall under the Massachusetts Commission against Discrimination (MCAD), and this is where you’ll file a complaint going through these steps: 

  • File a claim and wait for a response. The first step in the process is to file a claim through the MCAD. You will then hear from the respondent, who has the chance to submit a position statement.
  • MCAD investigation. If the MCAD decides your complaint has merit, it will investigate. The investigator assigned to your case will collect evidence and information, talk to witnesses, and in some cases, interview the respondent.
  • MCAD determination. After investigating, the MCAD decides on either probable cause, meaning there is evidence to support your allegation, or lack of probable cause, saying there is not.
  • Public hearing. If there is probable cause, your case goes to a public hearing. Witnesses testify, and evidence is presented. The MCAD commissioner makes the final decision.
  • Appeal. If you are not satisfied with the determination of a lack of probable cause, you can appeal. A preliminary hearing gives you a chance to make your case and change the Commission’s mind.
  • File a lawsuit. Massachusetts law may also allow you to file a civil lawsuit depending on the situation. Your lawyer can help you determine if you have this right and get started in the process.

When you’re ready to begin filing a lawsuit over cerebral palsy in Massachusetts, rely on the right lawyer to guide your steps. The process is long, complicated, and confusing, and it’s easy to make mistakes without the right advocate.

With the right cerebral palsy lawyer, you can give your child a better future with a successful lawsuit.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

References

  1. File a complaint of discrimination. (n.d.). Mass.gov. Massachusetts Commission against Discrimination
    Retrieved from: https://www.mass.gov/file-a-complaint-of-discrimination
  2. Medical liability/Malpractice statutes of limitation. (2014, March 20). Legislative News, Studies and Analysis | National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-statutes-of-limitation.aspx
  3. A medical malpractice tribunal experience. (2007, September 1). Journal of the American Academy of Psychiatry and the Law.
    Retrieved from: http://jaapl.org/content/35/3/286
View All References
Page Written by Robert Wharton, Esquire

Page Written by Robert Wharton, Esquire

Robert Wharton is an experienced cerebral palsy and birth injury attorney. His law firm handles medical malpractice cases throughout the United States. He has been selected multiple times as a “Super Lawyers – Rising Star”, and was honored as a “Top 40 Under 40” lawyer by the National Trial Lawyers Association.

See Full Bio

Primary Sidebar

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now
Cerebral Palsy
Cerebral Palsy in Newborns
Cerebral Palsy in Toddlers
Severe Cerebral Palsy
Types of Cerebral Palsy
Ataxic
Atonic (Hypotonic)
Dyskinetic Athetoid
Dystonic
Hypertonic
Mixed
Non-Spastic
Spastic
Spastic Diplegia
Spastic Hemiplegia
Spastic Quadriplegia
Cerebral Palsy Symptoms
How Cerebral Palsy Affects the Brain and Body Parts
Cerebral Palsy Causes
Birth Asphyxia
Prolonged Labor
Delayed C-Section
Forceps Delivery Injuries
Vacuum Extractor Injuries
Nuchal Cord Birth Injuries
Uterine Rupture and Birth Injury
Hypoxic Ischemic Encephalopathy (HIE)
Intraventricular Hemorrhage (IVH)
Failure to Diagnose
Chorioamnionitis
Improper NICU Care
Traumatic Brain Injury
Meconium Aspiration Syndrome
Hydrocephalus
Pitocin Errors
Anesthesia Errors
Infertility Drugs
Cerebral Dysgenesis and Cerebral Palsy
Jaundice
Periventricular Leukomalacia (PVL)
Placental Problems
Epidural Hematoma
Perinatal Stroke
Acquired Brain Injuries and Cerebral Palsy
Cerebral Palsy Associated Disorders
Mobility Issues
Pain
Cognitive Issues
Developmental Delays
Cerebral Palsy and Post-Impairment Syndrome
Seizures
Epilepsy
Malnutrition
Respiratory Health
Hearing Problems
Vision Impairment
Arthritis
Depression
Sleep Issues
Dysphagia
Oral Health Issues
Skin Conditions
Digestive Issues and Health
Emotional Issues
Behavioral Disorders
Autism
Down Syndrome
ADHD
Diabetes
Cerebral Palsy Diagnosis
Imaging Tests
Cerebral Palsy Prognosis
Cerebral Palsy Gross Motor Classification System
Cerebral Palsy Treatment
Cerebral Palsy Specialists
Nutrition Therapy
Chiropractic Care
Hyperbaric Oxygen Therapy
Medications
Seizure Medications
Anticonvulsants
Muscle Relaxants
Stem Cell Therapy
Surgery
Aquatic Therapy
Acupuncture Therapy
Botox Treatment
Hippotherapy
Occupational Therapy
Speech Therapy
Massage Therapy
Physical Therapy
Homeopathy
Yoga
Pilates
Intensive Suit Therapy
Medical Marijuana
Functional Electrical Stimulation
Osteopathic Manipulation
Anat Baniel Method and NeuroMovement
Pet Therapy
Cerebral Palsy Cure
Cerebral Palsy Life Expectancy
Cerebral Palsy Risk Factors
High-Risk Pregnancy
Risk Factor Causal Pathways
Premature Birth
Birth Complications
Post-term Pregnancy
Intrauterine Growth Restriction
Maternal and Fetal Infections
Blood Type Incompatibility
Multiple Births
Parental Habits and Health
Cerebral Palsy Support Groups and Organizations
Cerebral Palsy Research
Cerebral Palsy History
Facts and Statistics
Prevalence and Incidence
Cerebral Palsy Myths
Cerebral Palsy Prevention
Cerebral Palsy Misdiagnosis
United Cerebral Palsy Association
Living With Cerebral Palsy
Costs
Orthopedic Health
Neurological Health
Daily Communication
Physical Fitness
Abuse
Toilet Training Tips
Eating and Feeding Tips
Wheelchairs and Scooters
Wheelchair-accessible Vans
Walkers, Canes, and Standers
Adaptive Bikes
Affordable Transportation
Assistive Technology
Falling Issues
Home Modifications
Augmentative and Alternative Communication (AAC)
Conductive Education
Tips For Better Sleeping
Traveling Tips
Sports
Bullying
Inclusive Playgrounds
Respite Care
Faith
Engaging in the Arts
Transitioning to Adulthood
LGBT
Vocational Counseling
College Guide
Teacher Tips for Inclusive Classrooms
Finding a Job
Having Children
Veterans
Fostering or Adopting a Child with CP
Enjoying the Great Outdoors
Emergency Preparedness
Financial Assistance
Government Assistance
Title V MCH Benefits
Special Education Assistance
Cerebral Palsy Lawyer
Alabama
Huntsville
Alaska
Anchorage
Arizona
Phoenix
Arkansas
Little Rock
California
Los Angeles
Colorado
Denver
Connecticut
Bridgeport
Delaware
Wilmington
Florida
Jacksonville
Georgia
Atlanta
Hawaii
Honolulu
Idaho
Boise
Illinois
Chicago
Indiana
Indianapolis
Iowa
Des Moines
Kansas
Wichita
Kentucky
Louisville
Louisiana
New Orleans
Maine
Portland, Maine
Maryland
Baltimore
Massachusetts
Boston
Michigan
Detroit
Minnesota
Minneapolis
Mississippi
Jackson
Missouri
Kansas City
Montana
Billings
Nebraska
Omaha
Nevada
Las Vegas
New Hampshire
Manchester
New Jersey
Newark
New Mexico
Albuquerque
New York
New York City
North Carolina
Charlotte
North Dakota
Fargo
Ohio
Columbus
Oklahoma
Oklahoma City
Oregon
Portland
Pennsylvania
Philadelphia
Rhode Island
Providence
South Carolina
Columbia
South Dakota
Sioux Falls
Tennessee
Nashville
Texas
Houston
Utah
Salt Lake City
Vermont
Burlington
Virginia
Virginia Beach
Washington
Seattle
West Virginia
Charleston
Wisconsin
Milwaukee
Wyoming
Cheyenne
Medical Malpractice
Claim for Compensation
Lawsuit
Settlement
Statute of Limitations
Life Care Plan
Goals
Evaluation
Diagnosis
Care Team
Record Keeping and Documents
Birth Injury
Treatment
Causes
Failure to Monitor
Symptoms
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Skull Fracture
Treatment
Symptoms
Causes
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Brain Damage
Prognosis
Symptoms
Causes
Treatment
Lawyer
Lawsuit
Claim for Compensation
Settlement
Infant Wrongful Death
Causes
Intrauterine Fetal Demise (Stillbirth)
Claim for Compensation
Lawyer
Settlement
Lawsuit
Grieving the Loss of a Baby
Erb’s Palsy
Symptoms
Prognosis
Treatment
Causes
Lawyer
Settlement
Lawsuit
Claim for Compensation
Brachial Plexus Injury
Causes
Prognosis
Symptoms
Treatment
Lawyer
Lawsuit
Settlement
Claim for Compensation
Klumpke’s Palsy
Lawyer
Lawsuit

© 2023 CerebralPalsyGuidance.com · Privacy Policy · Disclaimer

The information provided by CerebralPalsyGuidance.com is not a substitute for professional medical advice, diagnosis, or treatment.

  • Cerebral Palsy
  • Living With Cerebral Palsy
  • Financial Assistance
  • Our Blog
  • About Us
  • Contact Us
210 W. Division St. Syracuse, NY 13204

We provide nationwide assistance

Facebook Twitter
Learn About Our Editorial Guidelines