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As the name suggests, a cerebral palsy lawyer or attorney deals with cerebral palsy litigations. Clients will come for representations in a court of law when seeking financial compensation in case of cerebral palsy treatment.
In this guide, we look at cerebral palsy, the legal grounds for a lawsuit, and your duties as a cerebral palsy lawyer. Read on.
What is Cerebral Palsy?
Cerebral palsy is a common condition that results in irreversible damage to the brain of an unborn child or infant due to the destruction of developing brain cells. The condition is often accompanied by sensory or cognitive difficulties, which can last for a lifetime.
The Centers for Disease Control (CDC) reveals that Cerebral Palsy is the most common motor condition in children. About one in every 1000 children are born with this condition globally.
A birth injury can occur if the hospital fails to conduct a comprehensive medical assessment on the patient. As such, an underlying condition may go unnoticed and affect the unborn child.
In this case, a client may file a birth injury lawsuit and get compensation for the negligence.
Duties of Cerebral Palsy Lawyer
A successful lawsuit can award financial damages to the client to help in paying for;
- Assistive tools or devices
- Physical therapy
- Medication
- Surgery
- Occupation therapy
- Speech therapy
As a cerebral palsy medical malpractice attorney, your duty will be to represent lawsuits of different conditions, including;
- Spastic
- Ataxic
- Athetoid
- Mixed type palsy.
Because of the sensitive nature of the cases, you must build trust with clients. Essentially, you need to have unlimited access to resources as well as expertise to help your client achieve legal justice.
Statute of Limitations
One of the vital aspects of a cerebral lawsuit is the time limitation, also known as the statute of limitations.
A client must seek help within a stipulated period. Otherwise, they won’t manage to file financial compensation for them.
Commonly, the statute of limitation may vary depending on the state, and therefore, it’s important to understand the time requirements for your region.
Experience
As mentioned earlier, cerebral palsy lawsuits require experience because they are complicated. Other parties involved include insurance companies who defend their cases on behalf of hospitals or medical care providers.
Also, experts take part in disputing these claims. As a cerebral lawyer, you’ll have access to some of the best medical professionals in the country. These are experts in the following areas:
- Maternal-fetal medicine
- Obstetrical care
- Fetal distress interpretation
- Neuroradiology
- Brain injuries
- Neonatal medicine
Your role will be to handle the lawsuits against medical negligence. When a client seeks your help, they will be seeking to know if you have the necessary training, experience, peer-review recognition, or certifications.
With experience, you’ll manage to collect valuable data to help fast-track the case. The patient’s medical records are some of the most important documents you’ll need to support the claim.
Over time and with the right networking, you can build a track record after handling successful lawsuits. This record is essential for future cases.
Next Steps
After a consultation with the client, you’ll need to study all the facts carefully to determine whether the case meets the required threshold to be presented before a judge. You’ll also investigate and analyze the claim to determine the strength of the case.
After accepting the case, you’ll establish a lawyer-client relationship with your client, and the case officially commences.
It’s essential to stay in touch with your client throughout the process. Update them regularly about the case’s progress, including seeking additional information if need be. Remember, the client is vulnerable at this stage, and they need to focus on the sick child.
After filing a claim on behalf of your client or the plaintiff, the defendant, who in most cases will be the hospital or medical practitioner, has to respond within a stipulated period.
After that, the attorneys for the other party will gather evidence to defend the case. On your part, you’ll need to prove that the hospital didn’t uphold care, and this led to cerebral palsy. You may need to get witness interviews and expert testimonials to support the case.
Mediation
Quite often, mediation is a suitable option without going to court. Trials can take time and are agonizing, as parents of the child wait for financial compensation.
Full Trial
If there’s no mediation, the lawsuit goes to full trial. A judge will deliver a judgment after analyzing the presentation from both parties. Sometimes, out-of-court settlements may help in resolving the case quickly.
Final Thoughts
A cerebral palsy attorney must have the requisite experience and resources to help a client win a case. In this case, you must represent their best interests in a court. The client must also feel comfortable that they will win the case and get financial compensation.
