Cerebral Palsy Attorney | How Do Parents Sue for CP?

How Do Parents Sue for CP?

People sometimes take legal actions against doctors, hospitals and nurses when they believe that a birth injury that their child suffered is a direct result of medical negligence. This is usually done to recover damages to help pay for the costs of the child's treatments, but is also done to allow parents to recover money for their and their child's pain and suffering. These cases can sometimes be very successful but there is no way that a jury can be guaranteed to find in the parent's favor and there is no way to determine how much of the award sought they will approve if they do find in the parent's favor.

Filing a Lawsuit

Not every case of cerebral palsy has anything to do with medical negligence. In fact, most of the time, the condition results from natural causes that have nothing to do with the quality of the care given by the doctors or the hospital.

When it is the result of medical negligence, however, there are plenty of different scenarios in which the baby brain damage can occur. In some cases, the child may end up being strangulated by their own umbilical cord, and this will cause the oxygen deprivation that leads to cerebral palsy. There are also scenarios where the child is pinning in a position where their air or blood flow is cut off during the birthing process in other ways. These, when they are not caught, can turn into situations where the child ends up with a brain injury.

The lawyer will have to believe that negligence was, indeed, a factor before they'll be interested in taking your case. If they are interested in taking your case, they'll help you to build a case that establishes that your child would not have been injured if not for the medical negligence involved.

The jury may or may not decide to find in your favor and to award monetary compensation to you for your expenses and pain and suffering. They may also not be involved at all. Sometimes, when you have a particularly strong case, the party you're suing will agree to settle out of court for a lesser amount than you're seeking in damages. This may be an option if your lawyer can get them to agree to an appropriate sum for the settlement and you agree that it will provide for your child's needs in the future.