Across the country, many families that have a child with cerebral palsy are winning medical malpractice lawsuits. Families are recovering significant compensation to pay for their child’s medical bills, treatments, assistive devices, and ongoing care. If you’re considering pursuing one of these lawsuits, here are some things to consider.
You want to get assistance from a lawyer who has experience pursuing cerebral palsy birth injury cases. These cases involve a lot of medical information, obviously, so you’re going to want an attorney who understands this and who has access to experts who can help bolster your claim.
There are cases where cerebral palsy is the result of conditions that could not have been helped by any available medical technology, and thus, do not qualify as a medical malpractice claim. In cases where a child developed cerebral palsy due to a doctor or nurse’s negligence, however, this will generally be revealed in the course of a medical investigation that takes place after the diagnosis is made.
Look for a law firm that has attorneys who have argued these types of claims (successfully) before in court. Experience is key with cerebral palsy lawsuits, and hiring the right attorney can make all the difference in your case.
These Claims are Complex
The main thrust of any of these claims is to establish negligence on the part of the physician, the hospital staff, a healthcare facility, or another entity involved in giving care to the child before, during, or directly after being born. If any of these entities are found to be negligent, it’s possible that the family may receive a jury award or settlement worth quite a bit of money. This can never be guaranteed, however. For this reason, you should find an attorney who handles these claims on contingency (no fee unless you win).
If you’re working with a law firm on a contingency basis, it simply means that you don’t have to pay them upfront fees, nor do you have to pay them if you lose your claim. You’ll want the best law firm available, and since you can pursue your claim without paying upfront fees, there’s no financial risk to you. If you do win your claim, your law firm will take their fees directly out of the settlement or jury award given to you.