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Cerebral Palsy Lawsuit Facts

Posted by attorney Jeffrey Rasansky

Cerebral Palsy Lawsuit Facts

Cerebral palsy lawsuits are filed when the parents feel that medical negligence played a part in their child having cerebral palsy. If a cerebral palsy lawyer concurs with this after taking a look at the matter, they'll sometimes offer to represent the parents and to argue the claim in court. These lawsuits are alleging negligence, which is something that is widely misunderstood.

Negligence Doesn't Mean Being Unqualified

You could be a very well-qualified doctor and still be completely negligent in your delivery of care to a patient. Negligence means that you didn't live up to the standard that could have been reasonably expected of you in that situation. It doesn't mean that you're utterly incompetent. When doctors are sued for negligence, it's because they didn’t come through and because they let their patients down.

Some Examples

Some of the ways that doctors end up being negligent and causing a cerebral palsy injury include not delivering care in time in the case of an emergency. There have also been cases where parents have alleged that the presence of bacteria caused the injury and that the doctor or healthcare facility was liable for that. Illnesses can cause cerebral palsy injury, hence the parents sue when their children became ill after having been exposed to the contaminants.

There are also cases where the child is delivered in a way that cuts off oxygen to their brain and when this causes the cerebral palsy. If this is the case and if the injury could have been prevented by the doctors or nurses having taken different actions, filing a lawsuit may be an option.

Contacting a Lawyer

You may be able to hire a Texas cerebral palsy lawyer without having to pay them any upfront fees. These lawyers sometimes work on contingency, which means that their services come for free unless they win your claim. If they win your case by getting a jury award or a settlement from the defendant, they get paid. Otherwise, you pay them nothing for their services.

Be sure you get an attorney with experience arguing these cases. They are complex and it requires someone who has worked with cerebral palsy cases before to argue them successfully. If a jury finds in your favor, there is the potential to receive millions of dollars in compensation for your child's pain and suffering and to provide for their care in the future, so you need a good lawyer on your side.

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