Minnesota Cerebral Palsy Lawsuit Filing Process

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If you have a child with cerebral palsy, legal action could be crucial in getting justice for medical mistakes or discrimination. The Minnesota cerebral palsy lawsuit filing process can be intimidating and complicated. The right lawyer in the area can help you understand the laws and what steps to take.

Do I Need a Lawyer in Minnesota for Filing a Cerebral Palsy Lawsuit?

You should hire a Minnesota cerebral palsy lawyer to help you file, even if it isn’t technically required.

The filing process can be complicated, and there are many opportunities for error. Mistakes, like missing the deadline to file, can jeopardize your child’s chances of getting compensation or justice for the harm caused by someone who should be held responsible.

Look for a lawyer who specializes in cases related to disabilities, cerebral palsy and other birth injuries, medical malpractice, and discrimination and disability rights.

A lawyer without this specialized expertise will not be able to give you the best advice and guidance.

You need someone who has worked on these types of cases before. You need a reliable attorney who has helped similar clients and has a deep understanding of the Minnesota laws related to disabilities and malpractice.

What Kind of Lawsuit Should I File for My Child with Cerebral Palsy?

A couple of situations may arise for your child with cerebral palsy where legal action would be appropriate.

For instance, if you believe your child’s condition wouldn’t have occurred if it weren’t for a medical error or think your child’s school isn’t providing everything needed for accommodations, you can take legal steps to help remedy the situation.

Medical Malpractice Lawsuits

Early in your child’s life, you may need to file a medical malpractice lawsuit. Malpractice occurs when a medical professional fails to provide an adequate standard of care for a patient resulting in harm to that patient.

A mistake made by anyone during your pregnancy or labor and delivery that harmed your child and led to disabilities could be proven to be medical malpractice. Establishing it in a lawsuit can give you peace of mind and compensation for your child’s care and treatment.

Discrimination Complaints and Lawsuits

If your child experiences discrimination, you can fight back by filing a complaint or lawsuit. A complaint typically goes through a government agency and may be resolved with that agency’s assistance.

If the Minnesota Department of Human Rights or the relevant federal agency doesn’t solve the situation to your satisfaction, your lawyer can help you file a civil lawsuit. This can help you get access, accommodations, education or government services, or even damages for your child.

How to Start the Process of Filing a Medical Malpractice Lawsuit in Minnesota

To file a cerebral palsy lawsuit for malpractice in Minnesota, you’ll want to start by hiring the right lawyer. But it also helps to understand the laws and the process for filing. First, know that there is a time limit on filing.

The Minnesota statute of limitations on these cases is four years after the negligent incident. A minor can have until the age of majority as long as it is no more than seven years after the incident.[1]

File a Complaint

The first step in filing a medical malpractice lawsuit is to file a complaint as long as you are still within the statute of limitations.

Your lawyer will draft this document, outlining what happened to your child and identifying the defendants. This must go to the defendants for notification.

File a Certificate of Merit

According to Minnesota law, the complaint must also be accompanied by a certificate of merit. This is a statement signed by one or more qualified medical experts.[2] It states that they agree your case has value and that medical negligence likely occurred.

The certificate must name all experts you’ll use for testimony in your case.

Attempt to Negotiate a Settlement

The next step is not required, but most cases go to a settlement negotiation. Typically both sides agree to this negotiation, during which your lawyer will argue for a fair settlement.

You, as the plaintiff, have an ultimate say in accepting any offer of compensation. Both parties must mutually agree before a settlement can be brought forth.

Take Your Case to a Minnesota Court

If your case can’t be settled out of court, you will go to trial in front of a jury. Both sides present evidence and expert testimony, and the jury will decide if negligence occurred.

If the jury decides in your favor, it will also determine how much you should be awarded in damages.

How to Start the Process of Filing a Discrimination Case in Minnesota

If your child has suffered discrimination over a disability, you will most likely take your allegations to the Minnesota Department of Human Rights (MDHR).

If your lawyer believes a federal law is more appropriate to the situation, you will file with a federal agency. Filing with the MDHR includes a multi-step process:[3]

• Intake. Your complaint describing the situation goes to the MDHR. They decide if your case is relevant to state civil rights laws.

• Investigation. An MDHR investigator conducts a neutral investigation of the incident.

• Mediation.  Mediation is optional, but the MDHR will mediate talks to help you resolve the situation if both sides agree.

• Determination. The MDHR decides that you have either probable cause or no probable cause for your discrimination claim.

• Conciliation. Based on a determination of probable cause, the MDHR will help both sides agree to a settlement.

If the conciliation fails, you can file a civil lawsuit with the help of your lawyer. Alternatively, the Minnesota Attorney General’s office may decide to argue your case on your behalf.

Filing a cerebral palsy lawsuit can be a daunting task for a parent taking care of a disabled child, but it is often the best thing you can do for that child. A lawsuit can help you recover damages for their care and win justice in the face of discrimination.