What Needs To Be Proved To Succeed In a Cerebral Palsy Lawsuit?
Cerebral palsy affects thousands of children and adults throughout the world. It is one of the most common chronic disorders and has some of the most devastating effects on the individual’s lifestyle.
Children are unable to co-ordinate their movements and can have difficulty doing simple acts such as walking by themselves. They may also suffer from sense and perception disabilities, such as issues with hearing, speaking, and talking.
Children with cerebral palsy lead difficult lives, and their parents are needed to care for them constantly. Therapies and treatments are expensive, and most families find it difficult to afford the best options for their child.
Damage To The Brain In Cerebral Palsy
Cerebral palsy occurs due to damage to the motor areas of the brain. This can occur when the fetus is still in the womb, during childbirth, and during the first three years of a child’s life. When in the womb and during childbirth, the baby may suffer brain damage from a lack of oxygen, which can be due to a number of reasons. Sometimes the brain damage cannot be controlled and is unpreventable. Unfortunately, at times the brain damage and resulting cerebral palsy disorder can be the result of medical malpractice.
Cerebral Palsy Lawsuits
If a parent suspects that mistakes or misconduct was performed during their hospital stay, which led to their child’s disability, they are encouraged to take action and file a lawsuit. Many times a successful medical malpractice lawsuit can help a devastated family deal with the losses they have incurred, and can help with their child’s therapies and treatments.
Before a family goes forth with a cerebral palsy lawsuit, they must first ascertain a few key points. Most often, hiring a lawyer who is skilled and experienced in the area of medical malpractice and cerebral palsy lawsuits is necessary.
Four Points To Prove Before You File A Cerebral Palsy Lawsuit
1) It must be proven that the doctor, medical team, and the hospital had a responsibility to care for the patient.
2) Next, once the duty of care has been proven, it must now be proven that the duty of care was not adhered to properly. If the medical team did not care for the patient adequately, even though they had full capacity to do so, it is considered a breach of care. To prove this officially, medical experts will be brought into court to testify as to what should have been done.
3) It must now be proven that the patient suffered considerable damages. These damages can vary from medical expenses to the pain and suffering of the patient. A complete list of what losses and damages the patient has incurred must be accumulated for the court to consider.
4) The last thing that must be proven in a cerebral palsy lawsuit is that the damages were caused by the breach of care by the responsible doctors. This is the most important element in proving a successful case, and can also be the most difficult to prove. Many times disorders and disabilities are said to be genetic, and thus non-preventable, which is a possibility with cerebral palsy cases. However, it can be apparent through medical investigations that the damages caused by the medical team directly resulted in cerebral palsy.
Children affected with cerebral palsy will require a lifetime of care. Treatments and surgeries that can help them increase their quality of life are expensive. With a successful settlement, parents will not only feel that justice has been served, but they will also now have the ability to provide the best for their child.