What is a cerebral palsy lawsuit claim for compensation?
A cerebral palsy claim fora compensation is a legal claim filed in court to seek compensation from the party responsible for the development of cerebral palsy in your child.
For example, sometimes cerebral palsy is not developed if your physician properly monitors you for prenatal infections and illnesses. Or perhaps the heart rate of your infant was not measured correctly during labor.
Here are some other reasons for medical negligence that can cause cerebral palsy include:
- Dropping the infant shortly after the child in time, causes oxygen loss.
- Failure to identify umbilical cord and placental problems.
- Failure to schedule and carry out an emergency C-section in time.
- Improper use of forceps or other birth-assisting tools during delivery.
Do I qualify for cerebral palsy claims for compensation?
To make a fair settlement for a cerebral palsy lawsuit, you need to prove various things. Some of them are as follows.
1. A patient and doctor relationship:
To file a cerebral palsy claim for compensation, you need to ensure that the physician whom you think is responsible had a professional medical relationship with you before the negligence occurred.
For instance, if a doctor delivered your infant, even if they were not your primary doctor. This type of case would still be considered an established medical relationship, as the physician performed the delivery.
However, if a doctor who has never done any treatment before you advises on how to care for yourself during pregnancy, yet you have never been a patient of the doctor, it won’t establish a doctor and patient relationship.
2. Proof that the physician breached a standard of care:
You need to show that the physician, or other health care provider, failed to meet an accepted standard of care. It means looking at what a similar professional would have done in the same situation. However, if your physician deviated from that standard, they could be negligent.
3. Proof that negligence caused cerebral palsy:
There are various factors that cause a baby to develop cerebral palsy. Sometimes, there is no cause found regarding the disorder. For a successful cerebral palsy lawsuit settlement, you need to establish that your child’s cerebral palsy resulted from the breach in the standard of care.
4. Damages related to negligence:
If you can easily prove all of the above statements, it’s usually not hard for you to show that the physician’s mistakes cost you and your child. However, it can be the cost of medical bills, lost salary or earning potential, or even emotional costs.
How to file a cerebral palsy claim?
- Contact the licensed lawyers for a free case review.
- Start gathering evidence, such as imaging tests, maternal health records outlining the risk factors during pregnancy, and medical records that prove your child suffers from cerebral palsy.
- File a lawsuit.
- The Discovery stage is where you will gather more evidence with your lawyer.
- Settlement vs. trial.
Statute of limitation to file a cerebral palsy lawsuit
The statute of limitations on cerebral palsy cases can range from 2 and 22 years. Therefore, if your child is suffering from cerebral palsy, med mal claims can be brought within 8 years of the error. However, for disabilities, the statute of limitations does not begin until the disability has been removed.
Nevertheless, if you file a lawsuit after the deadline passes, there are higher chances that the court will dismiss your claim. In Illinois, as in most states, the statute of limitations depends on the type of claim.
Under U.S. law, the statute of limitations to file medical malpractice cases is two years from the date when the patient knew or reasonably should have known that the child suffered an injury due to the negligence of a medical care provider. However, if you didn’t file a medical malpractice lawsuit more than four years after the date of the negligent act or omission, regardless of when the patient discovered the injury, you won’t be able to grab the benefits of cerebral palsy injury 2024.
Here are some exceptions you must know:
Medical errors involving a child:
Patients who were below the age of 18 at the time of the medical malpractice have until eight years after the date of the negligent act or omission. Nevertheless, the patient must bring the lawsuit before the patient turns age 22.
Medical errors causing disability:
If the patient suffers from a disability that makes them physically incapable to file a cerebral palsy injury lawsuit, the statute of limitations does not run as long as the disability exists. Once the patient can physically proceed with a lawsuit, the patient will get 2 years to file a claim.
Fraud:
If the medical care provider purposely withholds information to conceal the medical malpractice, the statute of limitations extends to 5 years from the date that the patient discovers the cause of his or her injury.
Financial compensation from the cerebral palsy case
- Assistive devices.
- Medications.
- Mobility aids.
- Occupational therapy.
- Physical therapy.
- Special education costs.
- Speech therapy.
- Surgery.
- Transportation equipment.
- Other medical treatment costs.
In addition to easing any financial burden, cerebral palsy lawsuits can help your family feel a sense of justice served. All you have to do is hire a licensed and certified cerebral palsy lawyer who can help you get maximum compensation for your claim.
Ethen Ostroff and his connections can help you get a fair settlement of your cerebral palsy lawsuit case. What are you waiting for? Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation.
