The medical profession including doctors, nurses and technicians usually provides a caring service for their patients however there are occasions when things go wrong and if your child has been injured as a result of errors or mistakes then you may be able to claim compensation. To succeed in a cerebral palsy lawsuit it is necessary to prove :-
- Breach of the standard of care.
It is necessary to show that there was an error or mistake which a reasonable and prudent professional would not have made under the same circumstances.
- Causation.
It is necessary to prove that the error or mistake actually caused injury, usually by way of expert testimony.
- Damages.
Damage, loss, harm or injury must have resulted from the error or mistake.
Some states have passed legislation that limits the maximum amount that an individual can recover in a cerebral palsy lawsuit. Many of these laws are being challenged in state Supreme Courts and although there may be a cap it may not hold up in court. Awards of compensation by the US courts are considered in two parts being actual damages and punitive damages :
- Punitive Damages
If the evidence shows that the medical malpractice is the result of reckless behavior or behavior with a conscious disregard for the outcome, then an award of punitive damages may be made against the negligent physician concerned.
- Actual damages or losses
Compensation is payable for losses and expenses caused to the injured child and is divided into two categories:
- Special Damages include care and assistance for the past and for the future, medical expenses and other losses and expenses that have been reasonably incurred.
- General Damages include physical and emotional pain and suffering, loss of the enjoyment of life and psychological injuries such as depression or post traumatic stress disorder and other losses that are difficult to calculate accurately.
Arbitration is often put forward as a method of dealing with a cerebral palsy lawsuit however there may be difficulty in obtaining all of the factual information which can usually only be brought about as a result of filing a case in a court of law. In minor medical malpractice cases arbitration may be appropriate however in a substantial case it may well be preferable to rely on general medical malpractice law and take the matter to trial. Agreement to arbitrate should not be made without detailed advice from an experienced advocate.
The ‘statute of limitations’ is a law referable to the time limits within which legal action for a cerebral palsy lawsuit must be pursued. The basic time limits vary considerably from state to state however there often exceptions to the general rules for those who are classified as infants or for those who are mentally disturbed. A number of states have litigated cases whereby the restrictions and restraints of the limitation legislation has been found to be unconstitutional and as a result a number of states are currently proposing amendments to their law. Limitation law is in a constant state of flux and the only reliable source of accurate information is likely to be a firm of experienced medical malpractice lawyers who are familiar with the laws, recent developments and case law of a particular state. Advice on limitation should be obtained as soon as possible from a qualified advocate.
Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.
