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Those eligible to file a cerebral palsy lawsuit

Cerebral palsy is a motor disorder that affects newborn babies and children in New York and around the world. For every 1,000 births, up to four infants have it and, in many of those cases, it was caused by a negligent doctor, nurse or other medical party.

Since there is a statute of limitations regarding birth injury and other malpractice claims, it is best if it is filed shortly after the injury occurred. Therefore, those typically eligible to file these types of lawsuits are the parents or the legal guardian of the affected infant because the statute of limitations would probably run out if the suit were to be filed once the injured child became an adult. However, in some states, the statute of limitations is tolled for minors, making it possible for them to file a claim for compensation themselves.

Because there is no cure for cerebral palsy, those who have the condition require long-term care involving special therapy, medication, equipment and other costs which can add up to about a million dollars during the victim's lifetime, according to reports. It can be beneficial, therefore, for parents or the guardian of a child with cerebral palsy to file a lawsuit if the birth injury was due to negligence so they can afford to pay for all the long-term care expenses that they need.

Caring for an infant who has a birth defect such as cerebral palsy can be emotionally, physically and financially overwhelming on the family. However, if the infant's injuries were caused by the negligence of a health care provider, the infant's parents might benefit by contacting a medical malpractice attorney who could advise them regarding their options.

Source: Birth Injury Guide, "Cerebral Palsy Compensation Claims", April 5, 2016

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