When facing an event as joyful as childbirth, the last thing any parent wants to think about is the possibility of medical malpractice. However, knowing what is considered medical malpractice in the context […]
A cerebral palsy lawyer will generally work on a contingency basis. This means that they don’t get paid unless they win your claim. That, of course, means that they won’t’ take cases that aren’t likely to win, so you can get a good idea of whether or not you have a good lawsuit by sitting down for a free consultation with one of these attorneys. If you’re not sure whether you want to go ahead and schedule a consultation, here are some questions to ask yourself.
This will be the key question in any lawsuit over a child having cerebral palsy. In order to sue the physician they must have been, first and foremost, your physician. You’ll have to have had a doctor-patient relationship, in other words. If that’s the case, then you’ll have to establish to a jury that the physician was negligence and that their negligence is actually what caused your child to suffer a CP-inducing injury. If this cannot be established, you don’t have a case.
There will be an investigation in any case where a child is brain injured at birth. This investigation itself may reveal that negligence was the cause of the injury, but it may also implicate other causes. You’ll have to have an attorney take a look at the investigation to be sure.
The attorney will have their own experts, as well, and they can take a look at the circumstances and see if negligence was the cause of your child’s injuries. Their reports will be filed along with your lawsuit, which will start the process.
There are cases of CP that are entirely accidental or the results of circumstances that could not have been avoided. If this is the case, the attorney will not be able to help you. Where negligence is concerned, there are some things you may want to look at that may indicate it was a factor:
There are many other reasons why negligence is sometimes the cause of an injury and you’ll want an attorney to go over your situation with you. If you do have a claim, you may end up going after the physician, the staff and the hospital, the hospital itself or any other entity that was negligent in some regard.
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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.
Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.
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