Did you know that cerebral palsy is the most common of all motor disabilities that children experience? Somewhere between one and four out of every thousand newborns suffer from cerebral palsy.
Taking care of a baby with cerebral palsy can be difficult. Many people find it helpful to receive financial compensation to help them.
However, not everyone understands when it is appropriate to file a medical malpractice lawsuit or not. They wonder if having a baby with cerebral palsy constitutes grounds for a lawsuit. Whether or not it does has a lot to do with the technical definition of medical malpractice.
Read on to learn all about the most vital things to understand about medical malpractice and how it applies to babies with cerebral palsy.
Cerebral Palsy Medical Malpractice Lawsuits
The first thing to know is that some people file successful lawsuits based on their baby having cerebral palsy. However, some people make the mistake of assuming that because their child has cerebral palsy, they can automatically file a medical malpractice lawsuit. The truth is much more complicated.
Cerebral palsy is often a natural condition. However, in other cases, it is the result of preventable medical accidents.
Everyone makes mistakes, even doctors. However, if they make mistakes due to negligence, they are sometimes guilty of medical malpractice. So how can you know whether or not a cerebral palsy medical malpractice lawsuit makes sense in your situation?
When Is a Lawsuit Appropriate?
The law states that a doctor has to meet certain conditions to be guilty of medical malpractice. First, the doctor must have a duty or responsibility to provide quality medical care. That applies whenever a doctor agrees to take care of a patient.
However, the doctor must then fail to provide the required standard of care. This is what is known as a breach. If a doctor is negligent or otherwise fails to provide quality care, it is possible they have committed medical malpractice.
However, this breach of duty will not justify a lawsuit unless it also causes damages. If your baby has cerebral palsy, then that may be a strong sign that you have suffered damages. However, many babies have cerebral palsy for reasons that have nothing to do with medical care.
Even if a doctor breaches their duty and the baby has cerebral palsy, that is still not enough to justify a lawsuit. The last requirement is that the breach of duty directly causes the damages in question.
In court, your lawyer will need to make a case that the doctor failed to provide the required standard of care. Then, they will have to prove that this breach was a direct cause of your baby’s cerebral palsy.
Medical Case Malpractice Examples
So what kind of mistakes constitute a breach of a doctor’s duty? Sometimes, cerebral palsy is the result of an infection.
Doctors sometimes fail to detect and treat the infections that can cause cerebral palsy. In some cases, that is a reasonable mistake. However, sometimes an infection is so obvious that a doctor should be able to detect it.
If a doctor fails to detect it because of their own negligence, that can constitute a breach.
Doctors also need to decide when it is necessary to perform a cesarean section delivery. If a doctor does not make the right call about this, it may or may not constitute a breach. It will all come down to whether or not they should have known better.
Doctors may also commit breaches by failing to detect hypoxia or a prolapsed umbilical cord. These are only some of the most common ways that doctors breach their duty. Even if your doctor did not commit these specific mistakes, they may have committed others of similar seriousness.
Remember that there is a statute of limitations on filing a medical malpractice lawsuit. In Florida, you have up to 2 years to file your lawsuit. If you wait longer than that, you will not be able to file it regardless of whether or not the doctor committed medical malpractice.
Assessing the Viability of Your Case
Reading through medical malpractice lawsuit guides can only help you so much. The unique details of your case will determine whether or not you should file a lawsuit.
Based on what we have discussed, you may have some sense of whether or not a lawsuit makes sense in your situation. However, the assessment of a lawyer on this matter will be much more accurate. The sooner you can speak with a great lawyer, the sooner you can find out whether or not you have a viable case on your hands.
Remember that finding the right lawyer will affect whether or not you win your case more than almost anything else. Therefore, you should do your due diligence to find the right lawyer to speak with and hire. Consider looking at reviews for medical malpractice lawyers. They can help you find a lawyer with a track record of success for their clients.
Understand the Laws Relevant to Cerebral Palsy
If you have wondered about whether or not you can sue for medical malpractice if your baby has cerebral palsy, we hope that you have some idea of the answer now. Of course, you will not know if your specific case allows for a medical malpractice lawsuit until you speak with a lawyer. Although many people win lawsuits because they have a baby with cerebral palsy, you will need a great lawyer to maximize your chances.
To learn more about how to manage a medical malpractice lawsuit, reach out and get in touch with us here at any time!
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
