Rhode Island Cerebral Palsy Lawsuit Filing Process

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You may be able to file a Rhode Island cerebral palsy lawsuit if your child was diagnosed with cerebral palsy caused by a medical professional’s mistakes. Let a lawyer experienced with cerebral palsy and disabled clients help you guide your decisions, whether you need to file a medical malpractice lawsuit or a discrimination complaint.

What Kind of Lawsuit Should I File in Rhode Island for my Child with Cerebral Palsy?

A cerebral palsy lawsuit may be one of two main types:

• Medical malpractice. If you believe your child’s doctor or other caregiver contributed to or caused cerebral palsy because of a mistake, you may have a medical malpractice case. Medical professionals are obligated to provide care up to an agreed-upon standard. If they don’t, you can sue to recover damages.

• Discrimination and disability rights violations. If your child or your family experiences discrimination, you also have a right to take legal action. A complaint filed with the Rhode Island Commission for Human Rights or a lawsuit against those responsible can help you resolve the situation and recover damages.

Do I Need a Lawyer to File a Cerebral Palsy Lawsuit in Rhode Island?

Technically, you can represent yourself, but this is strongly discouraged. Instead, you should choose a qualified Rhode Island cerebral palsy lawyer to help you through the process.

It is important to find and hire the right lawyer with relevant experience and expertise because:

• The right lawyer can guide you, helping you understand the filing process.
• A lawyer can advise you as you make the best decisions for your child.
• With a lawyer, you are less likely to make mistakes that could jeopardize your chances of winning a case.
• Your lawyer will improve your chances of a positive outcome.
• You are more likely to recover more monetary damage with the right lawyer.

How Do I File a Cerebral Palsy Medical Malpractice Lawsuit in Rhode Island?

State laws dictate the process, and although you should rely on a lawyer to guide you through it, you’ll make better choices if you understand the laws and steps.

The good news is that Rhode Island has less restrictive rules for medical malpractice cases than most states.

Statute of Limitations

The statute of limitations in Rhode Island is three years from when the negligence medical incident occurred.

The discovery rule allows you to file within three years of when you discovered the incident and that it harmed your child. This is important because negligence and its effects are not always immediately apparent. Furthermore, a minor can file up until their 21st birthday.[1]

Damages

Unlike many states, Rhode Island does not cap the amount of damages you can recover. Economic losses are based on what the disorder has cost you and will cost you in the future. Noneconomic damages are harder to estimate. The more severe the harm caused to your child, the higher these damages are.

Noneconomic losses compensate for things like pain, emotional suffering, and loss of independence.

The Complaint

Your lawyer will file the complaint to start the lawsuit. The complaint is a document that notifies the defendants of the allegations and outlines what you believe happened. The defendants must respond to the complaint, and both sides investigate and gather evidence.

Settlement

The defendants will likely be prepared to try to negotiate a settlement. Most malpractice cases end here, with an out-of-court settlement. It’s better for both sides because it takes less time than a trial and usually costs less for the defendants.

Trial

If you cannot agree to a settlement amount, you can take your case to trial. The jury decides whether or not negligence occurred, and the defendants owe you damages.

How Do I File a Discrimination Complaint or Lawsuit in Rhode Island over Cerebral Palsy?

Both state and federal laws protect your child from discrimination.[2] If you have experienced discrimination in housing or your child has been denied access or services in public places or schools, you can file a charge or lawsuit.

You’ll start the process by filing a charge with the Rhode Island Commission for Human Rights.[3] The Commission may file with the federal agency on your behalf if necessary. Your charge will be assigned an investigator to investigate the allegations, collect evidence, and speak to witnesses.

The Commission will try to resolve the situation, ideally with an agreement between you and the respondent. However, a public hearing may be necessary to determine this, and if you choose to do so, your lawyer can help you file a civil lawsuit.

Filing a lawsuit over cerebral palsy in Rhode Island can be complicated and intimidating. Your child benefits when you fight for their rights and get compensation to cover the costs of care. Let the right lawyer guide your steps, and you should have a good outcome.