This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
- Last Modified:
- November 15, 2024
If you are a parent in Missouri whose child has suffered a birth injury resulting in cerebral palsy, you are likely worried about what the future may hold. You might be facing medical bills, long-term treatment costs, and a wide array of emotionally taxing decisions. However, you are not alone in this journey. Legal recourse could be the beacon of hope you’re seeking, and understanding how to file a cerebral palsy lawsuit is the first step towards securing the financial support your family needs.
At Brown & Crouppen, we believe everyone deserves access to the best legal representation possible. With over 40 years of experience representing families like yours and over $1 billion secured for our clients, our birth injury lawyers in Missouri are dedicated to helping you navigate your legal options and achieve the best possible outcome for your family. Contact us today for a free consultation.
- What Is a Cerebral Palsy Lawsuit?
- Why You Should File a Cerebral Palsy Lawsuit in Missouri
- Do You Have a Valid Cerebral Palsy Claim?
- Who Can File a Cerebral Palsy Lawsuit?
- How To File a Cerebral Palsy Claim in St. Louis
- What Is the Statute of Limitations for Cerebral Palsy Lawsuits?
- News & Updates: Notable Cerebral Palsy Lawsuit Settlements & Verdicts
- Get the Help You and Your Child Deserve
What Is a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit is a legal action typically brought when medical negligence or malpractice contributes to the development of cerebral palsy in a child. Cerebral palsy is a group of disorders that affect movement and muscle coordination, often caused by damage to the developing brain, typically before or during birth.
In a cerebral palsy lawsuit, the plaintiff (usually the child or their family) alleges that a healthcare provider, such as a doctor, nurse, or hospital, failed to provide proper medical care or made errors during prenatal care, labor, delivery, or postnatal care, resulting in brain damage and the subsequent development of cerebral palsy in the child.
These lawsuits may seek compensation for various damages, including medical expenses, ongoing care costs, pain and suffering, lost wages, and other related expenses. The outcome of such lawsuits can vary depending on the specifics of the case, including the strength of the evidence, the expertise of legal representation, and the laws governing medical malpractice in the jurisdiction where the lawsuit is filed.
Why You Should File a Cerebral Palsy Lawsuit in Missouri
Cerebral palsy is often a preventable condition. A single medical error during childbirth can result in brain damage to the child and a lifetime of challenges for the family. It is a significant emotional and financial burden, with medical expenses, therapy costs, and other necessary accommodations adding up quickly.
Not all cerebral palsy cases involve medical negligence, but if your child’s condition resulted from a preventable error, holding the responsible parties accountable can provide much-needed financial relief. Financial compensation may cover past and future medical expenses, assistive devices, home and vehicle modifications, therapy costs, lost earning potential, and other expenses associated with caring for a child with cerebral palsy. A successful lawsuit will also account for your child’s adult needs and ensure they have the necessary resources for a fulfilling life.
Additionally, your family may gain a sense of closure and justice by bringing attention to the negligence that caused your child’s disability. Pursuing legal action may help prevent similar mistakes from happening to other families in the future.
Do You Have a Valid Cerebral Palsy Claim?
Many medical errors can potentially result in cerebral palsy. Examples of preventable medical mistakes that can lead to cerebral palsy include:
- Failure to properly monitor the mother and baby during pregnancy, labor, and delivery
- Delayed or incorrect response to fetal distress
- Improper use of forceps or vacuum extractors during delivery
- Failure to perform a timely C-section when necessary
- Administering incorrect medication doses or wrong medications, such as anesthesia, during childbirth
- Failure to diagnose and treat infections in the mother or baby
- Improper handling of oxygen deprivation during delivery
If medical negligence led to your child’s cerebral palsy, you may have a valid medical malpractice claim. When you turn to our world-class legal team, we will carefully evaluate your case and help you determine if you have grounds to seek compensation.
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
Who Can File a Cerebral Palsy Lawsuit?
In most cases, the parents, legal guardians, or estate representatives of a minor child with cerebral palsy can file a lawsuit on their behalf. The child must have developed cerebral palsy due to medical malpractice.
An adult with cerebral palsy may also have the right to file a lawsuit if medical malpractice during childbirth or early childhood caused their condition. It may also be possible for parents to file on an adult child’s behalf if the child is unable to do so themselves due to their disability.
How To File a Cerebral Palsy Claim in St. Louis
Personal injury lawsuits, including those involving medical malpractice and cerebral palsy, can be overwhelming. Remember, you do not have to take it on alone. Your St. Louis cerebral palsy lawyer at Brown & Crouppen will stand by your side from start to finish. At a high level, the steps involved in your case will include:
- Free legal consultation – Contact our award-winning law firm for a free consultation. Our birth injury lawyers in Missouri will answer your questions and give a preliminary assessment of your claim.
- Investigation – Our cerebral palsy lawyers will conduct a thorough, independent investigation of your claim and gather all available evidence.
- Filing a claim – Once we have sufficient evidence, we’ll file a formal legal claim against the at-fault party on your behalf.
- Discovery – During the discovery phase, both parties will exchange information and evidence related to the case. This may involve collecting medical records, interviewing witnesses, and obtaining expert opinions.
- Negotiation and settlement – The opposing party may offer a settlement to avoid going to trial. Our attorneys will negotiate on your behalf to get the best possible outcome.
- Trial and verdict – We may take the case to trial if the opposing party refuses to offer a fair settlement. We will present our evidence and arguments to a judge or jury, who will decide whether the responsible party is liable for your child’s injuries and how much compensation you should receive.
What Is the Statute of Limitations for Cerebral Palsy Lawsuits?
Time is a critical factor when filing a cerebral palsy lawsuit. Each state has a specific statute of limitations, or time limit, for filing a lawsuit. Failure to file within this timeframe may mean losing your right to seek compensation for your child’s birth injury.
The medical malpractice statute of limitations in Missouri gives two years from the date of injury to file a lawsuit. However, children with cerebral palsy often don’t receive a diagnosis until many years after birth. Special exceptions may apply to these cases.
For example, the two-year time limit under the cerebral palsy lawsuit statute of limitations may not begin until you discovered or should have discovered the injury. Missouri law may also allow the affected child to file their own lawsuit until their twentieth birthday, even if the two years have elapsed.
News & Updates: Notable Cerebral Palsy Lawsuit Settlements & Verdicts
Cerebral palsy lawsuits have changed the lives of many families affected by this devastating condition. Here are just a few notable cases in recent news that have brought justice and compensation to families and individuals who suffered due to medical negligence:
- A 27-year-old woman from Ireland received a €12 million ($13.05 million) settlement for her cerebral palsy. The woman was born healthy but soon developed Group B streptococcus, septic shock, and meningitis, which the hospital failed to treat with antibiotics. These conditions resulted in brain damage, leaving her profoundly disabled.
- A five-year-old Pennsylvania boy with cerebral palsy and his mother received a $182.7 million award for medical malpractice. The hospital staff failed to perform a timely cesarean section despite knowing about the mother’s chorioamnionitis infection. The delayed delivery resulted in brain injuries and cerebral palsy.
- A nine-year-old Arizona boy and his family received a $31.5 million verdict for birth-related medical malpractice that caused his cerebral palsy. The doctors had 33 warning signs that the baby was oxygen-deprived during delivery but continued to administer medication that worsened the condition, which led to severe brain damage.
Although compensation varies from case to case, cerebral palsy lawsuits tend to involve significant settlements or verdicts due to the condition’s lifelong impact. However, results like these are often only possible with experienced legal representation. Having the right attorney on your side will significantly raise the odds of receiving the full and fair compensation you need to provide for your child’s needs both now and in the future.
Get the Help You and Your Child Deserve
Brown & Crouppen is a full-service personal injury law firm. We understand the intricacies of a cerebral palsy lawsuit and are committed to standing by your family in pursuit of justice. Our team of 250+ legal professionals has earned a reputation for life-changing settlements and verdicts for our clients.
With our extensive network of attorneys and an unwavering dedication to serving our community, we provide excellent legal representation to injury victims throughout Missouri, including St. Louis and Kansas City. We take cases on a contingency fee basis, which means you pay nothing unless we win your case.
If you are considering a cerebral palsy lawsuit in Missouri, we encourage you to call 800-536-4357 or contact us online to schedule a free consultation. Every family deserves peace of mind on their journey toward recovery. When you work with us, you can rest assured that your case is in capable hands.
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- Last Modified:
- November 15, 2024
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