Cerebral Palsy Medical Malpractice: A Guide for Parents

Talking Points

Child with Cerebral PalsyCerebral palsy (CP) can significantly affect a child’s quality of life. It's a serious condition that permanently impairs movement and posture. While therapies and other forms of treatments are available, the chance to fully recover from the condition is a bit difficult. In addition, treatments and rehabilitation are not cheap.

Cerebral Palsy as Result of Medical Malpractice

There are many reasons why cerebral palsy develops of which one of the most common is the absence of oxygen in the brain. But, there are also instances when it can be caused by a medical misconduct. If this happens, the parents or legal guardian of the child may file a lawsuit to receive just compensation.

Why File a Claim

About 10 percent of children with cerebral palsy results from malpractice. But not all parents file a lawsuit perhaps because of the overwhelming changes and adjustments at home and in lifestyle in general. You should file a lawsuit despite all the hectic adjustments most importantly to receive compensation for the damages due to one’s negligence. In addition, CP requires long-term treatment, which is not budget-friendly for everyone. Based on a report by the Centers for Disease Control and Prevention (CDC), the cost of lifetime treatment for people with this condition can get as much as $1 million.

Settlement Agreement

In most cases, a settlement agreement is considered because it saves both parties (the plaintiff and the defendant) time and money. A settlement agreement is when the amount of compensation and other terms are settled out of court. This is why legal assistance from an attorney who is knowledgeable with cerebral palsy is still necessary for legal advice on the types of claims you are entitled to.

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When to File a Lawsuit

It is time to file a lawsuit if the defendant does not cooperate or if the settlement agreement fails. You will need to hire an experienced lawyer for proper advice and legal representation in court.

If you have clear evidence or suspect that your child is a victim of medical malpractice that caused CP to develop, then you have every right to file a claim. The claim may be settled in or out of the court, but having an attorney to help you allows for proper legal advice and receiving fair compensation.