What Is Involved in a Cerebral Palsy Lawsuit

Lawsuits are frequently filed over incidents that involve medical negligence. Cerebral palsy in infants sometimes results from negligence on the part of a doctor or a healthcare facility. When a child is diagnosed with cerebral palsy, it’s inevitable that the parents are going to have to deal with very expensive medical costs. As the child ages, those costs will transfer over to them and, if they don’t have enough money to pay for the best quality care, they may have to rely on income provided by disability payments, which is sometimes not very substantial.

A Lawsuit and How it Works

If you file a lawsuit over cerebral palsy, you will be alleging that one form of negligence or another on the part of the physician or the healthcare facility that delivered your child contributed to or directly caused their cerebral palsy. You’re not alleging that the doctor is incompetent, nor are you alleging that the healthcare facility is run in a way that amounts to incompetents. What you are alleging is that, in your specific case, the doctor or healthcare facility either failed to take actions that they could have reasonably been expected to have taken or that they took actions that ended up causing harm to your child.

Filing the Lawsuit

The first step in filing one of these lawsuits is meeting with an attorney. The attorney will help you to determine whether or not taking such an action is even feasible in your case. Lawsuits are not always options and there are instances where cerebral palsy occurs because of completely uncontrollable circumstances that happen during birth. Whether or not you are able to sue will depend upon whether or not an investigation into the circumstances of your child’s birth shows that negligence was a factor in the child being injured.

Meeting the Attorney

A cerebral palsy lawyer will usually sit down with you at no cost so they can determine whether or not you have a lawsuit that is worth filing. If they do take your lawsuit, they may be willing to work with you on a contingency agreement. Such an agreement ensures that you do not have to pay the attorney in the event that they fail to win your claim or get you a settlement. This is the most popular arrangement with attorneys who sue for negligence. It enables people who don’t have a great deal of money to pursue justice.

 

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