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Medical Malpractice Lawsuits: Insights on Cerebral Palsy Cases

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Cerebral palsy lawsuits differ from most personal injury cases due to the extremely complex evidence involved.

For anyone lacking in a medical background or training, this evidence may be difficult to understand. It is therefore the responsibility of the cerebral palsy attorney to make sure that the case is presented in such a way as to demonstrate a clear connection between the action or inaction of the healthcare provider and the resulting cerebral palsy diagnosis. A cerebral palsy attorney has many roles to play as a medical malpractice lawsuit progresses. The attorney must first evaluate the case to determine if and how the healthcare provider breached the standard of care which caused the child’s injuries. The attorney offers guidance to the client, gathers evidence, and files all legal documents with the courts. They negotiate a settlement and if unsuccessful with that, are prepared to litigate the case on behalf of the client in court. Because these types of cases are so highly sensitive and emotional, it is critical for the cerebral palsy attorney to be empathetic, communicative, and supportive of the client and the client’s family.

The Legal Complexities of Proving Medical Negligence

When the cause of cerebral palsy is medical negligence, a medical malpractice lawsuit is warranted. There are however many legal complexities a cerebral palsy attorney must address in order to prevail on behalf of their client:

  • Understanding and proving medical negligence. Because the medical evidence is so complex in these cases, the cerebral palsy attorney must have a deep understanding of the acceptable standard of care and how the healthcare provider breached it. Attorneys often rely on medical experts to assist them in this area.
  • Gather evidence to prove causation. A cerebral palsy attorney needs to gather evidence that proves medical negligence was the reason the child was born with cerebral palsy. At the same time, the attorney needs to show that the evidence disproves any claims that the cerebral palsy diagnosis was due to pre-existing conditions, genetic factors, or events that were out of their control.
  • Establishing the amount of damages to which the plaintiff is entitled. Birth injury lawsuit settlements need to compensate the plaintiff not only for existing expenses (medical bills, therapies, special education, adaptive technologies, etc.) but those the client will encounter in the future. A cerebral palsy attorney will work with medical experts and life care planners to ensure the damages are sufficient to address the client’s future needs.
  • Negotiation and litigation skills. Because so many of these lawsuits are settled out of court, a cerebral palsy attorney must possess excellent negotiation skills. Should negotiations not succeed, the attorney must have the experience and skill to argue the case compellingly before a judge and jury in court.

The Lawyer/Client Relationship

One of the most important factors that impact a medical malpractice lawsuit is the lawyer/client relationship. Trust and compatibility between lawyer and client is essential to working together during a very emotionally fraught process. As such, there are many qualities to look for in an attorney when deciding upon legal representation:

  • Good communication skills. Is the attorney clear, honest, and straightforward? Are they responsive to questions and requests in a timely manner? Do they seem to be actively listening to your concerns?
  • Empathy and sensitivity. Does the attorney appear empathetic to your situation? Are they sensitive to your challenges and supportive of your goals?
  • Open and honest. Is the attorney honest and openly communicative about the strengths, as well as the weaknesses of your case? Are their billing practices transparent?
  • Professionalism. Does the attorney treat all parties fairly with due respect and a professional demeanor?
  • Adhere to confidentiality. Do you feel confident that your attorney is honoring your privacy and maintaining confidentiality with regard to your case?
  • Persuasiveness. Is your attorney articulate and persuasive? These are attributes that are particularly important when it comes time to negotiate a settlement or litigate your case in court.
  • Organized and detail oriented. Does your attorney seem well organized and prepared? Have they met all court deadlines and submitted documentation in a timely manner?

When an attorney embodies these attributes, it will enable you to build a strong lawyer/client relationship that will serve you well throughout the course of your medical malpractice lawsuit.

RECENT VERDICTS AND SETTLEMENTS

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Child Medical Malpractice

$15 Million

Recent Settlement

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$14 Million

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$33 Million

Pintas & Mullins Cerebral Palsy Attorneys are Here for You

The medical malpractice lawsuit attorneys at Pintas & Mullins are ready to fight for justice for you and your family. We’ve got extensive experience working with families and caregivers whose children were injured through no fault of their own and now face a lifetime of costly medical expenses and ongoing care. We will provide a free assessment of your case and consult with our network of legal and medical experts. Call or text 800-934-6555 or complete our Free Case Evaluation form online today.

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Yes. Please have an attorney, paralegal, or staff member from Pintas & Mullins law firm or their co-counsel contact me as soon as possible to discuss my questions. They may contact me by email or telephone (including phone calls, text messages, autodialed / auto-selected or pre-recorded calls). I understand that message and data rates may apply and that consent to such contact is not required for use of these services. I also agree to the Privacy Policy, Anti Fraud Policy and online Terms, including its mandatory arbitration provision.
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