Cerebral Palsy Medical Malpractice Lawsuit
If your baby has been diagnosed with Cerebral Palsy and you believe that the medical providers (Doctors, nurses, and/or assistants and hospital staff) actions or omissions contributed to your child’s present condition or you have been told that the diagnosis or symptoms indicate that a birth trauma or birth injury may have injured your child, then you may have a legal action for cerebral palsy medical malpractice lawsuit.
In order to make a cerebral palsy claim for medical malpractice, there must be a departure from an accepted custom or practice which caused the injury. Not every case of CP will result in a cerebral palsy lawsuit or medical malpractice case. A cerebral palsy lawsuit is a medical negligence lawsuit that is a based on established evidence by cerebral palsy experts of a negligent act and/or omission by a doctor, hospital, nurse or other health care provider which proximately caused or contributed to the injuries or damages to the child. These cerebral palsy experts are normally medical doctors with specialities in obstetrical medicine. In a cerbral palsy lawsuit often a OB nursing expert are used to not only help prove the negligent act, but set the standard of care that was not met. Other experts like life care planning experts and a economists are used to help determine the amount of future medical care and costs associate with it.
In order to have a cerebral palsy lawsuit, the lawyers hired by the parents of the child with cerebral plays will have to prove that the OB/GYN, pediatrician, hospital nurse or other health care professionals was negligent and that such act(s) of negligence proximately caused or contributed to your child's cerebral palsy. Cerebral palsy experts, OB/GYN experts, nursing experts, economists and other experts must be hired by your lawyer to not only prove the failure or departure from the standard of care, but also experts needed to prove up the cost of medical care , nursing care, educational expenses, future life care planners (cost of past and future medical treatments , nursing care, education, evaluations, home care, modifications, ..etc and other damages that the parents of the child will be entitled to collect as monetary damages.
Other money damages that are sought, include a damages, for past medical expenses, future medical expenses,pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, physical impairment and other damages and remedies allowed by different courts in different states. A cerebral palsy lawsuit can be time consuming, but when a parent sits down and estimates the costs for a lifetime of medical care for their child with cerebral palsy, then the the time and effort is worth it.
While not every case that we investigate becomes a cerebral palsy lawsuit filed in a court of law, we will talk to and consult with the parents to explain the strengths and weaknesses of any case. If the lawyers can not secure an expert that will find medical negligence occurred, then it will be very difficult to proceed with a cerebral palsy lawsuit. Birth injury lawsuits are filed on behalf of the child and the parents. Never does this law firm every ask the parents to finance the litigation as it occurs. All litigation expenses are fronted by the cerebral palsy attorneys, under a contingency fee contract and unless there is a successful outcome or recovery, then the clients would not owe the attorneys any costs, fees or expenses. The clients of course are always responsible for their own medical expenses. To find out more how to hire an attorney for a cerebral palsy lawsuit, call us at 1-800-883-9858 FREE to discuss this important topic at length.