How To File a Lawsuit: Cerebral Palsy Settlements

We understand the challenges and difficulties associated with filing a complex claim like a cerebral palsy lawsuit. You might not know where to begin, and you may not understand who is liable for your child’s medical condition.

Cerebral palsy lawsuits are a type of medical malpractice case. At The Smith Law Center, we have extensive experience dealing with medical malpractice claims and can assist you in obtaining the highest possible compensation for your case. Contact us at (757) 244-7000 for a free, no-cost obligation to determine your legal rights and next steps.

Compensation in a Cerebral Palsy Lawsuit: What Does it Cover?

Compensation in a cerebral palsy settlement or lawsuit is intended to address the financial burdens that the victim and their family must shoulder. These expenses can add up over the years, as they are not one-time treatments or surgeries. Cerebral palsy lawsuit awards can cover:

• Past, ongoing, and future medical treatment
• Special medications
• Surgeries
• Pain and suffering
• Costs of therapy or rehabilitation sessions
• Equipment costs such as wheelchairs, wheelchair ramps, and vehicle modifications
• Special education or courses

A qualified attorney can calculate the lifelong costs and can help the family obtain the highest settlement figure. In fact, the settlement amount often depends on the attorney’s ability to present evidence in court and argue for the most appropriate amount of damages.

Preparing for a Cerebral Palsy Lawsuit

There are several steps you and your family can take in order to sufficiently prepare for a cerebral palsy lawsuit. These can be accomplished with the assistance of a lawyer and include:

• Making a timeline of important events and dates (term of pregnancy, birth date, important meetings with a doctor)
• Compiling medical records that might support your claim
• Listing potential witnesses who might be able to testify in court
• If a defective device is involved, recording the product name or model number if possible
• Creating a catalog of costs and expenses related to CP treatments and equipment
• Making a note of any other similar cases you may have heard of
• Preparing a list of questions you might have for your attorney

Handling all the details of a lawsuit can be made easier with the help of a lawyer who has experience in handling cerebral palsy cases. A lawyer will be able to guide you through the filing process and will keep you informed regarding the status of your case.

Here are a few other helpful tips to keep in mind:

All CP lawsuits are different: Your case is unique. Every CP case can differ greatly from one to the next. The more information you can provide your attorney, the better they will be able to prepare your case for trial. Multiple parties can be liable: In certain cases, it can be a combination of parties and people acting together in a negligent manner that results in undetected perinatal infection, birth injuries, and other factors linked to cerebral palsy.

• Payouts can be substantial: Cerebral palsy settlements can involve considerable sums. A qualified lawyer can help ensure you aren’t leaving any money on the table.
• Time limitations will apply: You may have a limited time window in which to file your lawsuit. Don’t delay, or you may miss your chance at recovery completely.

Remember, insurance companies and agents have their own interests in mind, not yours. Insurance companies or the medical provider may often offer a settlement figure, but such offers typically don’t cover all long-term costs and expenses.

What is Cerebral Palsy?

According to the Cerebral Palsy Research Network, Cerebral palsy (CP) may be defined as a group of permanent disorders related to movement and posture. These are usually caused by disturbances that occur during fetal or infant brain development.

The limitations in physical activity and motor disorders associated with CP typically include:

• Musculoskeletal disorders
• Epilepsy
• Disturbances in sensation, cognition, communication, and perception
• Various psychiatric conditions
• Urinary incontinence
• Diseases of the mouth
• Abnormal perceptions of pain or touch

It is broadly accepted that only brain injuries occurring before the age of two or three years old fit the definition of CP.

There are different types of cerebral palsy, such as ataxic cerebral palsy (caused by a brain injury to the cerebellum before birth, during birth, or shortly afterward) and quadriplegic cerebral palsy (referring to the stiffness of muscles accompanying the condition).

CP is a lifelong medical condition for which there currently is no cure. However, proper management and treatment can help reduce many of the hardships and challenges associated with brain injuries. Again, such management can involve heavy financial costs, which may continue throughout the entire lifespan of the victim.

Causes and Liability in a Cerebral Palsy Lawsuit

One of the most complicated aspects of cerebral palsy settlements is determining which people or parties may be liable for the injuries. Since brain injuries can result from a number of scenarios, it also follows that various parties can be held liable for cerebral palsy resulting from malpractice.

Common causes of cerebral palsy include:

• Head trauma during pregnancy or after birth
• Infections of the womb
• Loss of oxygen (typically associated with a breech birth)
• Brain hemorrhage due to fetal stroke
• Premature delivery
• Mishandling of the infant during birth or other birth injuries

In nearly 90 percent of cases, CP results from healthy brain tissue being damaged rather than from brain development abnormalities.