Crucial Questions To Ask An Attorney When Your Child Has Cerebral Palsy As The Result Of Medical Malpractice

6 June 2016
 Categories: Law, Blog


When you have taken care of yourself during your pregnancy and complied with all of the advice your doctor provided you with about your diet, sleep, and personal habits, you probably expected to give birth to a healthy baby. When that does not happen, it can be a traumatic experience and it can be made even worse when you discover that your baby's difficulties can be attributed to medical malpractice. Medical malpractice can be defined as any event where a physician does not comply with the typical standards for a specific practice, which then results in an injury to the patient. If that sounds all-too-familiar, you should be aware of the following questions to ask when you are choosing a medical malpractice attorney. 

#1-How Many Cases Similar To Yours Has The Lawyer Handled Recently?

It is important to consider not only the amount of experience that your attorney has with medical malpractice, but to also be aware of how many cases he or she has argued when the victim is a young child with cerebral palsy related to birth difficulties. In addition, since laws about medical malpractice can change at any time, it is also a good idea to be sure that your attorney has stayed up-to-date on new laws and associated cases.

It will also be helpful to determine what each lawyer's win/loss ration has been in recent years. Unfortunately, Forbes has reported that more than four out of five lawsuits that are filed for medical malpractice do not end up in the patient's favor. As a result, it is imperative that you choose the most accomplished lawyer to defend your baby's case.

#2-How Will The Statute Of Limitations Impact You?

Unfortunately, you will find that each state in the United States has their own laws and as a result, the amount of time that you have to file a claim will vary tremendously from one state to another. For instance, in Louisiana, you typically have one year from the date of the injury or when you were informed about the error. However, you may be able to petition the court for special permission to file a case up to three years after the malpractice occurred.

In comparison, most Indiana residents have two years from the occurrence or when they learned of the event. The exception is for children under the age of six, who can file anytime up to their eighth birthday.

Therefore, it is a good idea to be aware of how the statute of limitations will impact you and if there are any ways to get around those laws in your state. For instance, the statute of limitations frequently starts at the time you learned that your child's cerebral palsy was the result of medical malpractice. Since that determination could take up to five years for mild cases of cerebral palsy, you need to know what your rights are.

In conclusion, medical errors are a serious problem that claims the lives of about 200,000 people each year and injures countless more. If you believe that your son daughter developed cerebral palsy as the result of medical malpractice at the time of birth, it is essential that you contact an attorney (click here to find out more) as soon as possible. You may have only a limited period of time to seek legal action against the doctor, so there is no reason to delay that call.