Was it Negligence?
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.
Was it Accidental?
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:
- Care given too late
- Care not given at all
- Care not given up to standards
- Incorrect treatments ordered
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.
Rasansky | McKenzie Law
2525 McKinnon Street
Dallas, Texas 75201
877-405-4313