If your child was born with cerebral palsy and you believe it was caused by a medical mistake, you may be wondering what steps are involved in filing a medical malpractice case. Unfortunately, around 41 percent of people claim they’ve been victims of medical malpractice.
It is important to understand the statute of limitations for cerebral palsy and the different types of evidence needed to prove your case. You can check the same at https://cpfamilynetwork.org/resources/blog/statute-of-limitations-for-cerebral-palsy/.
This post will discuss filing a medical malpractice claim for cerebral palsy.
Table of Contents
1. Understand the Statute of Limitations for Cerebral Palsy
The first step in filing a medical malpractice case is understanding the statute of limitations. In most states, the statute of limitations for cerebral palsy is two years from the date of injury.
However, there are exceptions to this rule. If you have a case, it is important to speak with an attorney as soon as possible to determine if the statute of limitations applies to your case.
The statute of limitations for filing a cerebral palsy case includes:
- The date of the injury
- And the date of the diagnosis
- The date that the parents or guardians knew, or should have known, that the injury was caused by medical negligence.
For example, if a child is born with cerebral palsy and is not diagnosed until two years old, the statute of limitations would begin on the date of diagnosis.
If you are not sure when the statute of limitations began, you must speak with an attorney as soon as possible to find out.
2. Gather Evidence to Support Your Case
Your expert attorney will likely need the following evidence to prove your case:
- Your child’s medical records
- Depositions from expert witnesses
- Any other relevant documents or information
Gathering the right evidence to build a strong case can be time-consuming, but it is crucial to have the best chance at success.
3. Contact an Attorney Experienced in Medical Malpractice Cases
It is essential to find the right lawyer who has experience in medical malpractice cases, especially those relating to cerebral palsy. The lawyer will be able to guide you through the process and ensure that you have a strong case.
There are a few things that you need to take into account when choosing an attorney, such as:
- The lawyer’s experience in similar cases
- The success rate of the lawyer in medical malpractice cases
- And the fee structure of the lawyer
You should also ensure that you are comfortable with the lawyer and feel confident that they will be able to represent you well.
4. File a Complaint With the Medical Board
The best lawyer will help you understand the process and necessary information to file a complaint. You may provide as much detail as possible about the events leading up to the injury, the treatment received, and any long-term effects.
The medical board will investigate the claim and take disciplinary action if they find evidence of negligence. You can understand the terms and conditions of the claims by reading articles on the subject on any of the leading legal websites or blogs.
5. Prepare for a Long Legal Battle
Cerebral palsy lawsuits are notoriously long and difficult. You may have to be prepared for a legal battle that could last several years. Therefore, it’s important to have a good support system, including friends, family, and an experienced medical malpractice attorney.
Medical malpractice cases are never easy. But if you believe that your child’s cerebral palsy was caused by medical negligence, you may be able to get compensation for your child’s injuries. To do this, you’ll need to file a medical malpractice lawsuit.