What Needs to be Proved to Win a CP Lawsuit?
If you have a child with cerebral palsy, you will have to pay for thousands of dollars in medical treatments, take time off of work, and watch your child suffer from a diminished quality of life due to the malpractice of a medical professional. However, you can claim compensation for your child’s injuries through a birth injury lawsuit.
Proving a cerebral palsy lawsuit is not easy, and you need an attorney on your side to help you gather evidence, interview experts, and craft a compelling case on your behalf. You and your cerebral palsy attorney will have to prove certain elements in order for you to successfully secure your child’s settlement and win your case.
Do You Have a Valid Case?
The first step to filing your cerebral palsy lawsuit is knowing if you have a valid case. If your child’s cerebral palsy occurred due to medical negligence, you could file a medical malpractice lawsuit against the medical professionals responsible for causing this negligence. You can file a medical malpractice or cerebral palsy lawsuit against a doctor, a surgeon, a midwife, an obstetrician or gynecologist, a nurse, or even the hospital as a whole.
Many forms of medical negligence can lead to cerebral palsy in children during the birthing process. Some of the most common preventable forms of medical negligence that can contribute to cerebral palsy include the following:
- Failure to perform an emergency C-section in a timely manner or failure to order one at all
- Failure to treat jaundice
- The improper use of forceps
- Anesthesia administration errors
- Surgical errors during a C-section
- Failure to diagnose or treat maternal infections
- Failure to monitor, notice, or respond to fetal distress
- Failure to deliver the baby in a timely manner
To prove your cerebral palsy lawsuit, you and your attorney will need to establish the presence of four elements in your case. Your attorney can help you research, present evidence, and interview experts in order to craft a compelling case in your child’s favor.
Proving That the Doctor Owed You a Duty of Care
First, you will need to prove that the medical professional you are filing the lawsuit against owed you and your child a duty of care. The courts require you to establish this element mainly to protect doctors and other health professionals who give medical advice to friends outside of their offices or hospitals. If you went to a hospital and the medical professionals in your lawsuit provided medical care to you, you can establish that the medical professional owed you a duty to give you a high standard of care.
Proving That the Doctor Breached His or Her Duty of Care
After you prove that the medical professional owed you a duty of care and you visited him or her to receive treatment, you will need to prove that the medical professional breached his or her duty of care. You can establish this breach by proving that the medical professional committed an act of negligence that a similarly trained and educated doctor would not have done under the same circumstances.
In the case of cerebral palsy, this breach can come in the form of failing to monitor a fetus’s heart rate, committing a surgical error during a C-section, or failing to order a C-section in a situation where any reasonable doctor would have required one. Your attorney can help you establish this element by examining crucial pieces of evidence and consulting with medical experts. Your attorney will review medical records, testimony, and other pieces of evidence related to your child’s case.
Proving That the Breach of Care Led to Your Child’s Cerebral Palsy
After you establish that the medical professional breached his or her duty of care to you and your child, you will need to prove that the breach in question caused your child’s cerebral palsy. Again, you can prove this element through examination of evidence, consulting with medical experts, and requesting expert witness testimony in your trial.
For example, if your doctor failed to monitor your baby’s fetal monitor and allowed your child to go for a long time without oxygen, your child will develop the brain damage characteristic of cerebral palsy. A reasonable doctor would have taken action to prevent the extent of the damage that your child suffered, so you can prove that the breach of care led to your child’s condition.
Proving That Your Family and Your Child Suffered Damages as a Result of the Malpractice
Finally, you will need to prove that your child and your family suffered damages because of the malpractice that you can claim through a cerebral palsy lawsuit. You can claim damages for past and future medical care, a loss of quality of life, pain and suffering, and other forms of economic damages.
Do you have a child with cerebral palsy? Did a doctor’s negligence lead to your child’s cerebral palsy and birth injuries? You could claim compensation for medical expenses, pain and suffering, and more through a birth injury lawsuit. Contact Rosenfeld Injury Lawyers, LLC today to receive your free case evaluation and learn more about the lawsuit process.