Washington, D.C. Cerebral Palsy Lawsuit Filing Process

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Filing a cerebral palsy lawsuit in Washington, D.C. can be complicated but often worthwhile. By filing a lawsuit, you have a chance of getting compensation for your child’s current and ongoing treatment and care. Contact a D.C. birth injury or cerebral palsy lawyer for advice and to get started.

Does Medical Malpractice Cause Cerebral Palsy?

The most common reason to file a cerebral palsy lawsuit in Washington, D.C. is to recover damages. A child born with cerebral palsy faces lifelong medical and care costs. Parents often wonder if their disabilities could have been prevented and if someone is to blame.

Medical malpractice can be a cause of cerebral palsy. The main underlying cause is brain damage. Many factors can cause brain damage, including preventable errors made by medical staff.

For instance, if a doctor failed to note fetal distress and did not order a C-section in a timely manner, a baby could suffer oxygen loss and brain damage. Parents in these situations have a right to take legal action to recover damages.

What Kind of Lawsuit Can I File for Cerebral Palsy in Washington, D.C.?

If you have a child with cerebral palsy, you might consider filing two types of claims:

• Medical Malpractice. You might want to file a malpractice lawsuit soon after your child is born or after they are diagnosed with cerebral palsy. This type of lawsuit aims to hold accountable medical professionals who were negligent in providing care. If you believe negligence caused your child’s disabilities, you could seek compensation this way.
• Discrimination. As your child ages with disabilities, they may face discrimination in public places. For instance, they might not receive adequate accommodations at school. Or your family might experience discrimination in housing. You should be able to file a claim to resolve the situation.

How Do I File a Cerebral Palsy Medical Malpractice Lawsuit in Washington, D.C.?

Lawsuits for cerebral palsy and medical malpractice follow laws that vary by state. Washington, D.C. has its own laws governing these cases, which can be confusing without the guidance of a lawyer.

Statute of Limitations

The statute of limitations places a time limit on filing a medical malpractice lawsuit. In D.C., you have three years from when the negligent incident occurred or three years from discovering it happened to file.

Exceptions can be made for minors. You may be able to delay the three-year limitation until your child’s 18^th birthday.[1]

Notice of Intention to File Suit

Washington, D.C. law requires that you file a notice of intent at least 90 days before filing the actual lawsuit. The notice goes to the defendants involved in your suit. It must include information about the charges, including the type and extent of the harm you are alleging.[2]

How Much Compensation Can My Child Get for Cerebral Palsy?

Many states cap, or limit, the amount of damages you can claim in a medical malpractice suit. Most only cap noneconomic damages, the amount of money you claim for things like pain and suffering. D.C. does not cap these damages. You are free to seek as much compensation for noneconomic harm as you feel is fair.

You can also seek an unlimited amount of economic damages. Share all expenses related to your child’s disabilities with your lawyer so they can determine a fair amount. Many cases for cerebral palsy in D.C. are worth millions of dollars.

How Long Does a Cerebral Palsy Case Take in Washington, D.C.?

Every case is different, but it usually takes several months to collect enough information and evidence to build a malpractice case. Once your lawyer files the notice of intention, you cannot file the lawsuit for 90 days.

Once you file the lawsuit, you may choose to undergo mediation to get a settlement. If this fails or you opt to go to trial instead, your case could take 18 months to two years to resolve.

How to File a Discrimination Complaint in Washington, D.C.

Like states, Washington, D.C. has laws that protect residents from discrimination. These include discrimination in public places, housing, and the workplace. Federal laws, like the Individuals with Disabilities in Education Act, ensure disabled children are not discriminated against in school.[3]

If your child or family has experienced discrimination because of disabilities, you can file a complaint under the D.C. Human Rights Act. This law prohibits discrimination based on 23 protected traits, including disability.[4]

You can file a complaint with the District of Columbia Office of Human Rights (OHR):[5]

• Complete an intake questionnaire online or in print. You can also make the complaint in person.
• The intake form must describe an unlawful discrimination event that occurred within the city less than one year ago.
• The OHR will use the intake form to determine if the complaint is valid.
• If the OHR decides your claim is valid, you must comply with all requests and communications, or it could be dropped.
• If the OHR believes your complaint is valid, mediation will begin to resolve the situation.
• If mediation fails, the OHR will begin a full investigation, which will determine the outcome.

Filing a claim or a cerebral palsy lawsuit in Washington, D.C., is complicated. Work with an experienced cerebral palsy or birth injury lawyer for the best chance of winning your case and recovering damages for your child.