What Evidence Do I Need to Prove My Cerebral Palsy Case?
Birth injury medical malpractice cases are often challenging to prove, so documentation and strong evidence are necessary. A cerebral palsy lawsuit has to show that a healthcare professional violated the medical standard of care by failing to deliver a newborn in a healthy and safe manner.
Medical records are the most significant and vital form of evidence in any medical malpractice case, including those involving birth injuries. These can include notes from doctors or nurses, lab reports, diagnostic test results, prescriptions, and discharge paperwork. These forms of documentation are often where evidence of medical errors can be found. Circumstances that could cause cerebral palsy include:
- Adverse reaction to Pitocin
- Infant hemorrhages and brain bleeds
- Injury during vacuum extraction or forceps delivery
- Placental abruption
- Oxygen deprivation
How Do I Know if I am Eligible to File a Cerebral Palsy Lawsuit?
In order to be qualified to file a cerebral palsy lawsuit, your baby’s cerebral palsy must be due to a negligence-based medical error made prior to, during, or just after delivery. You could be eligible to file a cerebral palsy suit if a medical professional:
- Failed to take appropriate steps to prevent a lack of oxygen to your child’s brain
- Failed to identify or respond to an abnormal heart rate or fetal distress
- Failed to handle issues with the umbilical cord or placenta properly
- Used delivery tools improperly, leading to complications associated with forceps or vacuum extractors
Why Can I Sue for My Child’s Cerebral Palsy?
Medical professionals can be held liable for negligence that harms a patient. A cerebral palsy lawsuit allows families to seek the financial compensation they need to properly care for their children. A cerebral palsy diagnosis often comes with a lifetime of medical treatments and care that can cost over $1 million, depending on the severity of the child’s condition.
A cerebral palsy malpractice suit can be filed against the doctor, nurse, hospital, or other medical professional whose negligence resulted in your baby’s condition. If you are trying to determine if a cerebral palsy lawsuit is the appropriate course of action, there are some things you need to keep in mind. Common reasons to file a cerebral palsy medical malpractice lawsuit include:
- Receiving the compensation you need to cover your child’s mobility aids, physical therapy, and medical care
- Obtaining justice for what your child and you have been through and will continue to go through
- Holding the hospital or healthcare provider who caused the cerebral palsy responsible for their negligence
- Preventing similar birth injuries from occurring in the future
If your child developed cerebral palsy due to medical negligence, our attorneys can help you determine if taking legal action is the right choice for you.
What Are the Steps to Filing A Cerebral Palsy Lawsuit?
Although each cerebral palsy lawsuit is unique, the basic steps that are involved are:
Schedule a Free Consultation With a Dallas Cerebral Palsy Lawyer
The first thing you need to do is consult with an experienced cerebral palsy attorney. During this consultation, the attorney can listen to your story, examine the facts of the incident, and determine if you are entitled to file.
Collect Documents and Medical Records
The medical records of both the mother and baby are of the utmost importance in any potential birth injury case. They will be crucial pieces of evidence of any negligence, your baby’s diagnosis, and any associated medical or care expenses you have already paid. Your cerebral palsy lawyer will also review these medical records, determine which information will build the most compelling case possible, and calculate all of your damages, including those you anticipate.
File Your Cerebral Palsy Lawsuit
Once all relevant evidence has been assembled, your lawyer will be able to proceed with filing the lawsuit. Remember that your lawsuit must be filed before the two-year statute of limitations expires. If you fail to meet this deadline, you will be barred from collecting any financial compensation regardless of the facts of your case. A lawyer who specializes in birth injuries will be able to advise you on how the statute applies to your case and whether any exceptions will affect it.
Settlement Negotiations
Next, your cerebral palsy birth injury lawyer will enter into negotiations with the other side’s legal team and work to reach an equitable settlement that fairly covers all of your losses. Both sides must agree on a specific dollar amount for a settlement to be reached. In the event that they are unable to reach an agreement, your lawsuit will proceed to trial.
Trial
The majority of cerebral palsy and other medical malpractice cases settle without ever going to court. However, if your case goes to trial, it is imperative to work with a skilled birth injury lawyer who understands the intricacies of the law and is not afraid to argue your case before a judge.
What Damages Are Available in Cerebral Palsy Malpractice Cases?
Most families impacted by medical negligence file lawsuits so they can cover the monumental medical bills and other costs related to the care and treatment of their child with cerebral palsy. Damages available in a cerebral palsy lawsuit can cover:
- Surgeries
- Specialized medical care
- Modifications to the family home and vehicles
- An in-home medical carer
- Ongoing medical treatments
- Wage loss experienced by parents or guardians
- Medical equipment, such as mobility aids
- Physical and occupational therapies
Talk to an Experienced Birth Injury Attorney
If you believe your child’s development of cerebral palsy was caused by medical malpractice, you may be eligible to collect financial compensation for their medical bills and multiple other damages. If you have questions about filing a cerebral palsy birth injury claim, speak with a Dallas birth injury attorney at Rasansky | McKenzie Law by calling (214) 651-6100. We provide free initial consultations to all prospective clients and can advise you on the best way to move forward with your cerebral palsy lawsuit.