Law

Frequently Asked Questions About Cerebral Palsy Malpractice

 

Cerebral palsy (CP) is a not-so-uncommon disease that can affect individuals from birth. In fact, according to the U.S. Centers for Disease Control and Prevention, CP is the most prevalent motor disability in childhood, affecting up to nearly 4 of every 1,000 live births.

If you are the parent of a child with CP, the emotional burden of taking care of your child and watching them struggle with some of the most basic of movements and tasks of life will always be difficult. 

At the same time, however, CP may leave you with a major financial burden as well. According to the study, “Economic Costs of Mental Retardation, Cerebral Palsy, Hearing Loss, and Vision Impairment,” the lifetime cost for an individual with cerebral palsy is estimated to be $800,000. These costs include direct medical costs, direct non-medical costs, and productivity losses resulting from increased morbidity and premature mortality.

To help deal with both the emotional and economic effects of this disease, you may be eligible for compensation if your child’s CP was caused by a birth injury. For your child, the types of birth injury that may cause a CP diagnosis include:

  • Improper care during labor and delivery
  • Improper response to fetal distress
  • Prolonged lack of oxygen to the baby’s brain
  • Other types of medical negligence

If you believe your child could be a victim of malpractice that cause their CP but have questions about filing a lawsuit, we’ve answered some of the most common inquires. 

How do I file a cerebral palsy malpractice lawsuit?

To file a cerebral palsy malpractice lawsuit, you will need to start by contacting a qualified attorney who can determine whether you have a case and walk you through the process of filing a lawsuit. When hiring a lawyer, look for someone with a successful track record in malpractice cases, specifically with CP cases if possible.

What will I need to help with my CP malpractice lawsuit?

No two cases will be the same, but some items will help prove whether your case has merit, including your child’s medical record, information on the method of treatment used during birth and delivery, and results from any studies that your child has undergone, such as CT scans. 

Is there a statute of limitations on CP lawsuits?

The exact time you have to file a CP lawsuit is determined by your state and can typically range anywhere from one to five years. 

How long does a CP lawsuit take?

Again, no two cases are the same, so the length will vary. Factors that help determine the length include the jurisdiction you are in and its caseload. You should be prepared for it to take several years from beginning to end.

 

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