• 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
    • 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 > Missouri Cerebral Palsy Lawsuit Filing Process
Last Updated: August 23, 2020

Missouri 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 process of filing a Missouri cerebral palsy lawsuit is based on the state and federal laws related to medical malpractice and civil rights, depending on the type of case you are starting. It helps to understand the basics before getting started. It’s also critical to have an experienced cerebral palsy lawyer by your side, who can guide you through the intricate legal process.

The Types of Lawsuits You Can File in Missouri for Cerebral Palsy

When hearing your child has been diagnosed with cerebral palsy, a lawsuit is probably the farthest thing from your mind. However, there are several reasons you may need to take legal action.

Medical Malpractice Lawsuits

Medical malpractice happens when a medical professional fails to provide adequate services based on an established standard of care, which leads to a patient’s injuries. Medical carelessness or failure to carry out duties appropriately during pregnancy, delivery, and even after delivery can lead to cerebral palsy.

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

Get Help Now

Discrimination Claims and Lawsuits

Children with cerebral palsy are at risk of facing discrimination. Taking legal action, either through filing a complaint with Missouri or federal government or filing a lawsuit, is vital if your child’s rights have been violated. Legal action, in some instances, can result in recovered damages.

Filing a Medical Malpractice Lawsuit for Cerebral Palsy in Missouri

Before beginning the lawsuit process, make sure that you understand the statute of limitations. Missouri law says that you must begin a medical malpractice lawsuit within two years of the negligent incident. There is an exception for minors who file. They have until their twelfth birthday to start the claim.

Filing the Lawsuit with Affidavit of Merit

A lawsuit begins when your lawyer files a complaint, which is a legal document detailing your allegations and notifying the defendants of the legal actions you’re taking. Missouri also requires that you submit an affidavit of merit at this time.

An affidavit of merit is a signed statement that confirms your case has value and that there was likely a negligent act. [1]

A medical expert must approve the affidavit. The expert must have qualifications and expertise in the same area of medicine as the defendants. For instance, if a pediatrician made careless mistakes, an unrelated pediatrician must approve the affidavit.

Determining Damages

One of the most important reasons to go through the process of filing a medical malpractice lawsuit is to recover damages to pay for your child’s care and treatment.

Keep track of all relevant medical bills and records, as well as receipts for things related to your child’s condition.

Keep in mind that Missouri limits how much you can recover for non-economic damages.

Conducting Investigations

Your lawyer, as well as the defendant’s law team, will spend time investigating the incident and your allegations. Your lawyer will likely conduct interviews and depositions with witnesses and medical experts.

Negotiating a Settlement

The next step in the lawsuit process is for both sides to present their evidence to each other in an attempt to settle. If your lawyer can convince the defendant’s lawyers to award you a fair settlement, the case will not go to trial.

Going to Court

If negotiations fail or never get off the ground, you can choose to continue your lawsuit in court. Both sides will have time to present evidence and testimony to the jury. The jury then decides if negligence occurred and if you are owed any damages from the defendants. Either side can appeal the decision.

Filing a Discrimination Complaint or Lawsuit in Missouri

The Missouri Human Rights Act was created to protect disabled citizens against discrimination. The act applies to discrimination in public accommodations, as well as finding housing and employment. [2]

While work is not yet an issue for a younger disabled child, your family could be denied housing or a public space may not provide accessible services. At school, your child could be denied appropriate special education services, which is against federal law. [3]

To file a complaint with the Missouri Commission on Human Rights, you’ll begin with intake in which the Commission determines if they are the right agency to handle your case. This will be followed by:

  • Filing the complaint. Your lawyer can help you provide the necessary information to make a formal complaint.
  • An investigation. A Commission investigator acts as a neutral party, gathering evidence about the incident.
  • The Determination. The investigator then decides, either that there was no violation of your child’s rights or that there is probable cause to believe that it did happen. If possible, the Commission will try to settle the matter between you and the respondent.
  • A public hearing. If mediation fails and the issue can’t be settled, a Hearing Examiner will conduct an interview and issue a recommendation.
  • The final decision. After the hearing, the Commission will make a final decision. If the decision is that discrimination occurred, the Commission orders some remedy, which may include paying damages.

When you file the initial complaint, you also have the right to ask for a Notice of Right to Sue. This gives you 90 days to begin a civil lawsuit against the individual or organization you are accusing of discrimination. Your lawyer can help you move forward with that process.

Finding a Lawyer for the Filing Process

Filing a cerebral palsy lawsuit in Missouri or any other state is a long process that has many opportunities for mistakes.

Don’t let errors jeopardize your child’s chance for justice and compensation. Hire a lawyer who specializes in disability rights, birth injuries, or medical malpractice to provide you with the expertise you need to get through this process with a good outcome for your child.

You can find a lawyer with the right area of specialty by contacting the state bar association, by talking with other parents of disabled children, or by working with a local organization that advocates for disabled residents.

Get references, ask questions, and request proof of past legal victories for similar cases before you commit to hiring a lawyer or law firm.

The Missouri cerebral palsy lawsuit filing process can be overwhelming, but you are taking essential steps to give your child a better future.

With the right lawyer by your side and a basic understanding of the steps in the process, your lawsuit could result in a win for your family and your child.

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

Get Help Now

References

  1. Medical liability/Malpractice merit affidavits and expert witnesses. (2014, June 24). Legislative News, Studies and Analysis | National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.aspx
  2. Missouri disability discrimination. (n.d.). Missouri Department of Labor and Industrial Relations.
    Retrieved from: https://labor.mo.gov/mohumanrights/Discrimination/disability
  3. Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
    Retrieved from: https://sites.ed.gov/idea/
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