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Can you sue if your child has suffered cerebral palsy?

On Behalf of | Aug 8, 2022 | Cerebral Palsy

Birth injuries can be devastating for Idaho families. If your child has cerebral palsy, you might want to know if you can sue over it.

What is cerebral palsy?

Cerebral palsy is a serious disorder that usually occurs as a result of complications during childbirth. It leaves a child permanently disabled, sometimes severely. In some cases, it can be immediately present, but other times, it might take a while before a child shows signs of the condition.

What can cause cerebral palsy?

Certain medical errors that are preventable commonly lead to the development of cerebral palsy. Waiting too long to perform a C-section, improper use of forceps or vacuum extraction and failing to provide the necessary care in a timely manner are some of the most common but preventable examples.

When should you file a cerebral palsy lawsuit?

If your child has suffered a birth injury and developed cerebral palsy, it might be the fault of the doctor or another medical professional who assisted in the delivery. This can be devastating, leaving your child with permanent brain damage and complications. If you believe a doctor was responsible for your child’s cerebral palsy, you might want to file a lawsuit. It can be filed in the following ways:

  • On behalf of the child to recover damages such as pain and suffering.
  • On behalf of the parents to recover compensation for their medical expenses, ongoing medical treatment and medical equipment the child needs.

A medical malpractice lawsuit is also filed to hold the doctor or other healthcare professional liable for the negligence that led to your child’s birth injuries. Holding them responsible could potentially prevent the same thing from happening to other families.

You might also be able to sue the hospital or healthcare facility where your child was born if it was negligent in hiring professionals who were incompetent and not able to safely perform their jobs.