When people file a lawsuit over cerebral palsy, they’re not actually suing over the condition. What they are suing over is medical malpractice. In order to successfully argue one of these cases on behalf of their clients, attorneys have to establish that negligence played a part in how their client’s child came to have cerebral palsy. This is done by using the results of the medical investigation into the cause of cerebral palsy, which is always done, and other resources as the lawyer needs to call upon them.
From the legal standpoint, negligence is why people sue over cerebral palsy. From a practical standpoint, the reason is money. Cerebral palsy is a condition that cannot be cured. Even in cases where the symptoms are relatively minor, a person with cerebral palsy will have much higher medical expenses to contend with than will the average person. Somebody with dyskinetic cerebral palsy, for instance, will generally have episodes of spasmodic muscles and trouble with fine motor skills. These symptoms require treatments and they impair the person’s ability to get by in the job market.
Because the condition can never be cured, the parents have to look to the child’s future and determine what the child will need in terms of care and how much that care will cost. Some people who have cerebral palsy have exceptionally severe symptoms. They may, for example, be mostly confined to a wheelchair or even entirely dependent upon the services of a professional caregiver. Because of this, they have to count on paying very high expenses throughout their lives to provide for this level of care. This is why parents sometimes sit down with a cerebral palsy attorney to determine whether or not filing a lawsuit is an option.
Not every case of cerebral palsy is something that can be sued over. In fact, in some cases, the cerebral palsy may have been caused by circumstances that were beyond anybody’s control and, therefore, there may be little that can actually be done to help the parents or the child through the legal system. Good cerebral palsy attorneys will be willing to sit down with you to discuss whether or not you have an opportunity to file a lawsuit because of medical negligence. There is a limitation on how long you have to sue, so you need to be sure to speak with an attorney as quickly as possible, even if you are not sure whether or not you want to sue right away.