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A cerebral palsy claim is a lawsuit that is filed on behalf of a person who has developed cerebral palsy as a result of another party’s actions or negligence. A cerebral palsy claim is filed through the civil court system against the party who is responsible for causing, in whole or part, a person’s cerebral palsy condition. The plaintiff in a cerebral palsy case is the cerebral palsy patient and the defendant is the person who is held liable for the damages related to the plaintiff’s condition.
Through a cerebral palsy claim, the plaintiff can seek relief for the financial and non-economic damages they have suffered as a result of their condition. These damages may include:
In most cases, the damages sought through a cerebral palsy claim are compensatory in nature. Punitive damages are typically sought only in cases where intentionally malicious actions caused a person to develop cerebral palsy symptoms.
Not all cerebral palsy patients are eligible to file a cerebral palsy claim. Cerebral palsy claim actions can be made in cases where another party’s intentional acts or negligence cause or significantly contribute to a person’s cerebral palsy. In order to understand how another’s actions may be responsible for a person developing this condition, it is helpful to understand some basic facts about cerebral palsy.
Cerebral palsy is a term used to describe brain damage caused during pregnancy, the child birth process, or the first few years of life which results in motor deficiencies and other impairments. There are several maternal and fetal risk factors that may be present during pregnancy that may increase the likelihood of a complicated childbirth or of a baby being born with cerebral palsy. A competent doctor has a responsibility to identify these factors early in order to prevent cerebral palsy to the best of his/her ability.
Cerebral palsy can also be the result of a difficult and complicated child labor process. When a doctor uses unnecessary force during childbirth, they may increase the likelihood of that baby being developing cerebral palsy. In the case of medical negligence during pregnancy or childbirth, if a medical professional’s failure to meet the standards of care for his/her profession result in a child developing cerebral palsy, that child’s family has the legal right to file a cerebral palsy claim.
Child cerebral palsy can also develop in the very first few years of life. In these cases cerebral palsy can be caused by traumatic injury, such as a car accident or slip and fall injury, or it may be a result of physical abuse. When another person’s actions or negligence is responsible for a young child’s cerebral palsy, that party can be held liable for the resulting damages in a cerebral palsy claim.
If you or a loved one has developed cerebral palsy and you suspect another’s actions or negligence may be the cause, you may wish to speak with a cerebral palsy attorney to discuss your rights and options in a cerebral palsy claim.
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