The errors made by medical professionals fall under the category of medical malpractice, causing the parents and the child to suffer for the rest of their lives.
Suppose a child develops cerebral palsy due to medical malpractice. In that case, one way to ensure their life is less challenging is by seeking help from a Cerebral Palsy Guide or a pediatrician.
The signs and symptoms of cerebral palsy are more manageable when you have all the resources that ensure your child is leading a near-to-normal life.
Medical malpractice shouldn’t go unpunished because, for one, caring for a disabled child does take a financial toll on the family.
In such circumstances, parents must seek legal aid to file a compensation claim to help in financial recovery. A successful claim requires presenting authentic facts or evidence.
With that said, let’s look at what is necessary for a claim.
1. Gathering evidence
The first thing you need to do after hiring an experienced lawyer is to gather information about every health care provider involved in the case.
Holding the one responsible for the negligence is challenging when the entire medical staff is involved, from nurses to primary care physicians.
After establishing the list of medical professionals, it’s not difficult to figure out who delivered the newborn.
2. Proving violation in the standard of care
Standard of care is compromised when the healthcare providers fail to provide quality services to the patient by error, delay, or the lack of use of resources.
The following actions result in injuries and medical conditions like cerebral palsy.
A breach in the standard of care plays a significant role in medical malpractice claims. For a solid medical malpractice claim, indicating that the healthcare provider in question did violate the standard of care is required.
The lawyer must provide evidence in the form of documents that include all the medical records, hospital charts, test results, records of the surgical procedures, and the medication prescribed.
Additionally, another healthcare provider’s opinion is also considered to fact-check the course of action for a case in point.
3. Understanding time limit
Time limit is one of the crucial factors when making a cerebral palsy claim. Usually, the timeline is three years from the injury date; however, with injuries to children, the time to file a claim is extended to three years from the child’s 18th birthday.
4. Knowing the overall worth of the claim
The question every parent has on their mind is knowing the worth of cerebral palsy claims. Determining the case value is challenging due to the available facts and evidence; nonetheless, the total compensation for the medical malpractice is awarded to the parent covering the essential expense.
In some cases, if the parents wish to settle the issue outside the courtroom, they determine the claim’s value.
Many parents prefer to avoid trial because the chances of getting rewarded with the exact amount of money are high compared to the trial, where the damage compensation money is up for deliberation by the jury.
Additionally, agreeing on settlements alleviates the emotional burden since the process of fighting for the child’s case is mentally exhausting.
No parent wants to go through the ordeal of reliving the moments that changed their life for the worse.
5. Understanding Compensation Costs
The compensation cost that is recovered in a cerebral palsy claim includes
- Medical care and treatment
- Lost earnings
- Medical Equipment
- Compensation for pain and suffering
- Additional expenses
6. Knowing the limits of the claim
Besides hiring a lawyer for the cerebral palsy claim, parents must consider limitations when filing a lawsuit.
Every state has a pre-determined timeline that is as short as two to ten years. Remember that the claim is not filed if you miss the deadline.
The symptoms are not apparent during the first few years of birth injury. For that reason, in some states, the discovery rule is implemented that eliminates the statute of limitation.
Even with a few years on hand, hiring a lawyer and filing a claim immediately is the way to go. Prolonging the case only increases the risk of losing or clouding the evidence.
Children who suffer injuries at birth are liable to develop cerebral palsy-impacting their and their parents’ lives. Among the causes, medical malpractice is one of the primary reasons for birth injuries.
Incompetent healthcare providers, lack of adequate care, and mishandling equipment during delivery are a few factors contributing to medical malpractice.
In such circumstances, filing a claim is the way to receive compensation that covers all the expenses.
First and foremost, hiring an experienced lawyer is the key to a successful claim. The facts and evidence, from medical records to test results, help establish a factual claim.
Besides the lawyer, parents should also have a clear understanding of the dynamics of the claim, like the worth, compensation cost, and limitations to confusion.