Can You Seek Monetary Compensation If Your Child Suffers Cerebral Palsy During Birth?
You may be eligible to seek monetary compensation if your child suffers cerebral palsy during birth. We must demonstrate that another party was at fault for the mistakes that led to cerebral palsy.
Liability For the Damages and Costs
Cerebral palsy is among the most common birth injuries. Anyone who is at fault for your child’s injuries may be liable for damages, which may include the physician, the hospital, or any other person that came into contact with you or your baby.
It can be difficult to determine that negligence led to cerebral palsy. A lack of oxygen may cause cerebral palsy. This affects the central nervous system, and the child may require medical and daily assistance for the rest of their life. In some cases, negligence is what leads to the lack of oxygen. These are just a few examples of negligent activities that can occur during the labor and delivery process:
- Failure to monitor infections in both the mother and baby
- Failure to perform a C-section in a timely manner
- Improper monitoring of the fetal heart rate
- Misuse of delivery instruments
By working with a cerebral palsy lawyer, we can collect the necessary evidence to demonstrate negligence occurred.
Who Is Eligible to File a Claim?
In most cases, the parents of the baby may seek monetary damages if their child has cerebral palsy during birth. However, there may also be other parties that are eligible for monetary damages for cerebral palsy. For example, the legal guardians of a baby with cerebral palsy may also be eligible to file a monetary claim.
How Long Do I Have to File a Case?
In most cases, Florida requires that we file cases involving cerebral palsy within two years from the diagnosis or the date of discovery. Some situations allow us to extend this statute of limitations.
Identifying the symptoms of cerebral palsy is not always visible until your child misses important developmental milestones. If you believe that medical mistakes led to these development challenges, it is important to discuss your case with a lawyer as soon as possible.
How Much Will I Receive in Monetary Damages?
The costs of cerebral palsy can get expensive. Your child might require household assistance, assistive devices, or medical procedures. It is important that we get you the compensation that you deserve.
There are some situations that cap the damages received on medical malpractice cases at $500,000 for non-economic damages and $750,000 for non-practitioner defendants.
How We Can Assist You With Your Medical Malpractice Case
It is normal to have a lot of questions following a medical mistake. The complimentary consultation gives us a chance to look over the details of your case. It also gives you the opportunity to ask any questions you might have about the legal process.
We will assist you in establishing fault and getting to the bottom of what happened. We will do this by collecting the following documents:
- Medical records
- Birth records
- Prenatal records
- NICU records
- Expert witness statements
These records will help us establish that the four elements of personal injury occurred:
- Duty of care
- Breach of duty
Evaluate Settlement Offers
Chalik & Chalik can negotiate a settlement offer from your birth injury case. While settlement offers can be a timely solution for everyone involved, our team of cerebral palsy lawyers is ready to take your case to court if the settlement amount does not cover your costs.
Contact a Cerebral Palsy Lawyer
The beautiful moment of giving birth can be quickly ruined when you learn that something is wrong with your baby. It can be even more devastating when you learn that a medical mistake led to the medical problem.
Medical malpractice cases are often complex. While compensation will not take away the medical challenges that you face, it can assist you with getting the supportive services that can make it easier. A birth injury lawyer or medical malpractice lawyer from Chalik & Chalik Injury Lawyers may be able to help.
Call Chalik & Chalik Injury Lawyers at 855-529-0269.
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