Why Can’t I File a CP Lawsuit

Sometimes, parents are able to get significant amounts in compensation by filing a lawsuit against a physician who was negligent and who caused their child to come down with cerebral palsy. This is not always the case, however. There are instances where the physician was not negligent in any way.

Finding Out

There is an investigation whenever a child is diagnosed with cerebral palsy. During the course of this investigation, it may be determined that the physician delivering the child was negligent or it may be determined that they weren’t negligent in any way. If they determine that it was not the physician’s fault, it’s obviously more difficult for the family to sue. If they determine that it was the physician’s fault, the family may decide to move forward with a lawsuit.

In some cases, the family may not believe what the investigation finds and may want another one conducted. This is something that you can discuss with an attorney.

Natural Causes

There are plenty of circumstances within the womb and without that can lead to cerebral palsy and that require no physician negligence to manifest. If something like this caused your child’s cerebral palsy, there’s really no one to sue.

There are also cases where they may not really be able to determine what caused your child’s CP. You may want to talk to a lawyer about these situations.

Too Long

There are limitations on how long you have to sue over cerebral palsy. Even if you’re not sure whether or not you want to sue, you should contact an attorney to see how long you have to wait. It could mean the difference between getting compensation and not even being able to bring a lawsuit because of having waited for too long.

Money

You don’t have to worry about money as far as filing a lawsuit goes. Some attorney’s provide cerebral palsy help by offering to work on a contingency basis. This means that you don’t have to pay for the claim related to your baby injury unless the jury finds in your favor or you win a settlement. There are great attorneys who work under these arrangements and, for their clients, it often means being able to pursue compensation rather than having to deal with the tremendous expenses of cerebral palsy on their own. Contacting an attorney is always the first step, however.


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