How long does my child have to file a medical malpractice lawsuit for their cerebral palsy?
All medical malpractice cases are governed by time constraints for initiating a lawsuit. The amount of set forth for filing a cerebral palsy lawsuit is governed by the ‘statute of limitations’ in the particular jurisdiction. Failure to comply with the applicable statute of limitations can forever prevent a claim or recovery.
Calculating the statute of limitations for CP cases
The statute of limitations for initiating a cerebral palsy lawsuit may vary significantly both based upon the jurisdiction and the type of medical facility involved. For example, some government controlled facilities have unique statutes or notice provisions which vary from other medical institutions in the area.
A lawyer who works on cerebral palsy lawsuits can identify the responsible parties and advise what the particular statute of limitations is for each case.
Determining the appropriate jurisdiction
Even with specific statute of limitations that govern medical malpractice cases in a particular jurisdiction, some jurisdictions have created special provisions to extend a statute based upon a person’s disability. Consequently, if you believe your child’s cerebral palsy was related to a medical error, you should speak to an attorney— even if the incident occurred many years ago and the individual is no longer a minor.