Cerebral Palsy: 3 Things to Remember When Filing a Compensation Claim

Law FirmsLearning your child was born with cerebral palsy is a hard pill to swallow. Apart from the host of other serious medical problems it may cause, your little one would have to live with this condition forever. As if this is not enough, your child may even suffer from social alienation.

According to statistics, nearly half of all birth injury cases, including cerebral palsy, could have been avoided if not for medical negligence. If your healthcare provider properly identified and planned for obstetrical risk factors, your child may have a brighter a future.

By all means, you have the right to receive just compensation for the pain it has caused to your family, Tyrone Law Firm says. Money may not change anything, but at least the needs your child may require throughout his or her life would be covered

If you are planning to file a compensation claim, take note of these things:

Establish Patient-Physician Relationship

Before your claim can be considered valid, you must clearly establish the patient-physician relationship. In other words, there must be evidence of any agreement between you and your doctor to look after you before and during pregnancy.

Any experienced birth injury lawyer in Atlanta, Montgomery, Milwaukee, and other cities where cerebral palsy is common would tell you that establishing this kind of relationship could be tricky. Other than the medical practitioner that delivered your baby, filing a case against the doctor that did not provide you care during pregnancy on a regular basis may be weak.

Waste No Time

You must file your claim as soon as possible. States have different statute of limitations for medical negligence–related cerebral palsy cases, which means you only have a small window of time to file a valid lawsuit.

The moment you learn about your child’s motor disability condition, you must consult a qualified lawyer immediately.

Worry About Legal Fees Later

Many attorneys offer a contingency-based fee, which means spares you from paying upfront. Instead, your lawyer receives a portion of your overall compensation if you win the case. The amount of legal fees vary on every attorney, but it is normally anywhere between 20% and 40%.

What happened, happened; but the guilty party nonetheless should be held accountable for the medical negligence. With legal advice, you can mount a strong case to bring justice for your child.

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