Oklahoma Cerebral Palsy Lawsuit Filing Process

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The Oklahoma cerebral palsy lawsuit filing process can be confusing, but it is important. A successful lawsuit could mean holding medical professionals accountable, resolving discrimination, improving your child’s access to services, and recovering damages. Learn about the basic steps and retain an experienced Oklahoma cerebral palsy lawyer.

What Kind of Cerebral Palsy Lawsuit Can I File for My Child in Oklahoma?

Two situations could lead you to file a lawsuit on behalf of your child diagnosed with cerebral palsy: if a medical professional made a mistake that contributed to the condition or if your child is experiencing discrimination and being denied access, opportunities, or services.

For these situations, there are two types of legal action to take:

• Filing a medical malpractice lawsuit. Medical malpractice is an unfortunate situation in which a medical professional or organization makes negligent mistakes in care that contribute to or cause harm. If something your doctor did or failed to do during your pregnancy or delivery or for your infant, and you believe it caused cerebral palsy, you can sue over medical malpractice.

• Filing a discrimination complaint. Civil rights laws at both the federal and state levels protect your child from discrimination based on disabilities.[1] This means that if you experience discrimination, you can file a complaint against those responsible. Oklahoma also allows you to take private action, such as filing a lawsuit to recover damages.

How to File a Cerebral Palsy Medical Malpractice Lawsuit in Oklahoma

Each state has laws governing how to file medical malpractice lawsuits and how they proceed. To make the most of this opportunity to get justice for your child, learn more about the process and work with a lawyer experienced in these cases.

Know the Time Limits

Oklahoma’s statute of limitations on filing medical malpractice lawsuits is two years from the incident or when it should have been discovered. There are exceptions to this law for minors who can take until their 12^th birthday to file.[2]

How Much Compensation Can I Get for My Child with Cerebral Palsy?

Damages refer to the money you will try to recover from the defendants in this case.

To determine a fair amount of money to seek for economic losses, make sure your lawyer has all the necessary information: medical records, medical bills, estimated future expenses from a doctor, and receipts for related expenses.

You can also seek non-economic damages, which include compensation for pain and suffering, and that your child may not ever be able to live independently.

Oklahoma capped non-economic damages at $350,000, but it no longer applies. The Oklahoma Supreme Court declared the cap unconstitutional in 2019.[3] You can seek as much in damages as you feel is fair.

Begin the Lawsuit

Oklahoma’s Supreme Court also declared affidavits of merit unconstitutional.[4] The laws once required you to submit this document signed by a qualified medical expert to show your case has merit.

With the affidavit declared unconstitutional, you can officially file your lawsuit, send a complaint detailing the incident and your allegations, and notify the defendants.

Once the lawsuit has been filed, both sides will have time to investigate, speak to experts, find witnesses, and conduct depositions.

Negotiate a Settlement

Next, your lawyer will try to negotiate a settlement. State law doesn’t require this, but most defendants are willing to negotiate. A settlement will get you compensation sooner, but it doesn’t always work out.

Go to Court

If the settlement talks fail, you can take your case to trial. Your lawyer will present evidence and witnesses to prove your allegations of negligence, while the defendants’ lawyers will do the same to discredit your case. The jury has the final decision and can award damages.

How to File a Discrimination Complaint in Oklahoma

If your child or your family experiences discrimination over your child’s disabilities, you can take action. Filing a complaint with the state’s Civil Rights Enforcement Unit (CREU) requires a few steps but is not difficult.[5]

The CREU takes housing and public accommodation cases, areas where your family may have issues with access or discrimination.

Your lawyer can help you file a complaint with the U.S. Department of Education regarding education services or accommodations.

Once you file a sworn complaint with the CREU, they will guide you through the process. The next step is for the CREU to notify the respondent and investigate the incident. If they find insufficient evidence of discrimination, the case will be dismissed.

If the results of the investigation include evidence of discrimination, the CREU can do one of two things:

• Allow you to file a lawsuit against those responsible
• Take action against those responsible on your behalf

You can also settle the issue through mediation at any point during the process as long as both sides are willing to do so. The CREU offers free mediation services.

Finding the Right Oklahoma Lawyer to Help You File a Lawsuit

Before you begin filing a cerebral palsy lawsuit in Oklahoma, it’s essential to understand the laws and steps and to have an advocate on your side.

Without a good lawyer, you risk missing steps, making mistakes, and losing the chance to get justice and recover damages for your child’s care.

To find the right lawyer, look at several resources: the state bar association, local organizations that help disabled community members, parents of disabled children in your community, and even online searches.

Just be sure that you don’t settle for any lawyer. You need someone who specializes in disabilities, civil rights, and medical malpractice to ensure you have the best chance of winning your case.

It’s important to file a lawsuit on behalf of your child living with cerebral palsy. It’s also tricky, but when you take the time to learn more about the process and hire the best lawyer for the job, you can get through it and win for your child.