In some cases, the parents of a child who is born with cerebral palsy end up calling a cerebral palsy attorney to see if there is legal action that they can take if negligence was to blame for the condition. Medical negligence is not the same thing as medical incompetence and very good doctors can sometimes be negligent. When they fail to deliver on the duties that they owe their patients, doctors can be held accountable and the people who suffer because of that negligence are sometimes able to collect monies via a jury award or settlement.
Cerebral palsy is sometimes the result of a birth injury. A birth injury malpractice attorney is one who specializes in dealing with cases such as these. These specialists attorneys have access to experts, a great deal of knowledge about medicine in their own right and are able to take a look at their client’s situations and determine whether or not it’s likely that they have a case that would win in court. Not every lawsuit wins, obviously. In some cases, the family may have to go to trial and may have to have the case heard by a jury to determine whether or not they actually get an award. In other cases, the party being sued will determine that the plaintiffs are more likely than not going to win the case and will offer a settlement.
If a settlement is offered, the attorney will work with you to determine what an acceptable fee would be and to persuade the party you’re suing to offer enough to make it worth your while to back off a lawsuit. This won’t be done without your approval and your attorney will counsel you throughout the entire process. If you do end up having to go to court, the attorney will make sure that you’re ready for it and that your case is as persuasive as possible to maximize your chances of winning in front of a jury.
Suing for medical negligence sometimes requires that a lawsuit is filed within a certain amount time. To make sure that you do have enough time left, contacting an attorney is advisable. The attorney will be able to let you know whether or not you have time to think about the matter or whether it would be best to move forward if it seems like you have a good case.
Leave a Reply