The Basics of Cerebral Palsy Lawsuits

If you have a child who has suffered a birth injury and who has cerebral palsy as a result of it, or if you suspect that is the reason that your child has cerebral palsy, you may want to speak with an attorney. Here are some things to consider.

1. Doctors May Be to Blame

A doctor that is negligent may be the one who is ultimately responsible for your child having come down with cerebral palsy. Mistakes on the part of the doctor can include care that is not given when it should have been, negligent birthing procedures and other birth mistakes.

2. The Hospital May Be to Blame

There are cases where the hospital itself is directly to blame for your child having suffered a birth injury. They may have provided inadequate facilities for the birth or been negligent in some other way. Your attorney for birth injury can discuss the matter with you and provide guidance as you try to sort the situation out.

3. Medical Equipment Manufacturers May Be to Blame

In some cases, medical equipment is faulty in a way that ends up causing someone harm. This extends to cases of cerebral palsy in infants. A recent case in Washington, for instance, alleges that an alcohol swab was infected with bacteria that caused a cerebral palsy brain injury in an infant. This lawsuit is currently being pursued.

4. Awards and Settlements Are not Guaranteed

It’s not possible to guarantee anyone that they’re going to win a lawsuit. While ethical attorneys only take cases if they believe that they can help you, this isn’t the same thing as guaranteeing you that you’re going to win.

A settlement is an amount of money that the defendant pays in exchange for you dropping the case, which means that your claim is never actually heard in court. This helps you to avoid paying attorney fees and means that you get money for your claim, though not as much as you might get from a jury award.

A jury award is only obtainable by going to court and the jury may not award the full amount you’re seeking. If you’re suing on behalf of your child as well as yourself, they may opt to not award damages to both parties, either. In some cases, the jury will simply opt to award the full amount to the plaintiffs in these cases.

 

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