A family in Massachusetts received over $23 million in a CP lawsuit over birth injuries sustained by their son. In this case, vacuum extraction was named as one of the causes of the birth injuries. General negligence was also implicated.
These lawsuits can be very complex, particularly because of the fact that there is so much expertise involved in even understanding them. To get a better idea of how they typically unfold, you don’t need to be an expert.
An Injury Is Sustained
The first part of any of these cases centers on the child having actually sustained some sort of an injury. That injury must have been avoidable in order to sue a medical practitioner or a hospital over the matter. For example, there are plenty of children in the world who have CP because of causes that could not have been avoided or even detected beforehand. In these cases, there is really no one to blame and, thus, there is no one to sue.
Negligence Has to Be the Cause
Negligence must be the cause of the injury in order to pursue a lawsuit. As was mentioned above, there are cases where a child is injured due to circumstances that had nothing to do with the medical care that they received. In these cases, the parents cannot sue. There are cases, however, where actions that a medical professional took or that they did not take made all the difference in the child being born with injuries or sustaining them shortly after having been born.
When to Act
The only thing you need to understand where when you should act is concerned is that you should act soon. There are limitations on how long you have to file one of these lawsuits after the injury is sustained. Texas is getting stricter and stricter with medical malpractice laws and that means that families have to be on top of these situations more than ever before.
A good lawyer can give you cerebral palsy legal help including letting you know how long you have to act, whether or not it’s likely that you have a good lawsuit and whether or not they think they could represent you successfully in court. The consultations with such attorneys are usually free, so calling them to find out when you can sit down and discuss your situation is a no-risk endeavor.