Cerebral Palsy FAQs

Can a claim be filed for cerebral palsy?

If you presume that a medical mistake caused your baby's cerebral palsy, you can file a lawsuit to obtain a settlement for the damage suffered. To do so, you must:

• Provide evidence of the negligent actions of the healthcare personnel responsible for your care and the baby’s health.
• Demonstrate that these reckless behaviors caused the brain injuries that affected your child.

Who can file a lawsuit for cerebral palsy?

Generally, the parents or legal guardians are in charge of filing the suit on behalf of the child with cerebral palsy. If the family requires additional assistance, they can appoint a legal representative, provided they have court approval and act within the two-year legal time limit for these situations. However, this limit can be extended under exceptional circumstances.

What happens during the process of a cerebral palsy lawsuit?

If you decide to initiate a lawsuit in a cerebral palsy case, our lawyers can help you care for your family. We will meet with you to discuss the next steps and how to handle them:

• Gather evidence to prove the existence of malpractice.
• Calculate the damage you have already suffered and the potential future costs.
• Negotiate with insurance companies.
• Fight for you in court if the case cannot be resolved through a fair settlement.

What evidence is required to prove medical negligence in a child’s cerebral palsy case?

This is a very complex case, both legally and emotionally, because it concerns the health of a child who will have to live the rest of their life with a disability and the irresponsibility of a healthcare professional who failed to provide the highest standard of care. That's why the lawsuit must be strongly supported by irrefutable material evidence:

• Detailed medical records from the pregnancy, delivery, and neonatal care.
• Testimony from specialized doctors.
• Evaluations of the damage suffered by the baby.
• Medical scans confirming brain injuries.
• A medical history demonstrating the mother’s good health.
• Additional testimonies from nurses, anesthesiologists, and technicians who were present during the delivery and immediate postpartum hours.

What qualifies as medical negligence in a cerebral palsy case?

If a child has suffered specific injuries, such as brain damage that has affected their mobility, coordination, and overall quality of life due to deficient medical care, it is likely a case of negligence. Some of the most recurring criteria include failure to scan fetal stress during labor, failure to detect gestational diabetes or infections acquired by the mother, or the improper administration of oxytocin, anesthesia, or other medications. To classify it as negligence, it is essential to demonstrate that healthcare providers breached their duty of care and that this was the principal cause of the child's disability, excluding genetic factors or prior health problems on the part of the mother.

How critical is expert medical testimony in these cases?

It is arguably one of the most critical pieces of evidence, as it helps establish the causal link between the negligent act and the permanent brain damage suffered by the child. Expert medical testimony also clarifies the ideal standard of care and whether the doctors or hospital responsible for the mother and newborn failed to meet that standard. These testimonies will also assist your lawyers in strengthening the credibility of the case, correctly interpreting medical evidence, and providing more information about the child's long-term specialized care needs, such as therapies, surgeries, or wheelchairs.

Are most cerebral palsy cases settled, or do they go to trial?

In such cases, a fair settlement is usually reached during the negotiations with insurance companies, and hence, a trial is not necessary. These negotiations are always based on the value of your case, the strength of evidence, and how aggressive your lawyers are in not accepting low offers that are not representative of your damages.

What expenses can compensation from a cerebral palsy lawsuit cover?

The fairest compensation allows you to address the expenses you have already incurred and the costs of your child's future care. In this regard, the benefits may include:

• Home care services or care in specialized institutions.
• Home and vehicle modifications to accommodate the child.
• Loss of wages for parents who dedicate themselves to caring for the child.
• Educational programs that support the child’s learning.
• Surgeries, therapies, medication, and medical equipment.
• Mental health and emotional support for the child and their parents.