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What do I need to prove in a cerebral palsy lawsuit?

Cerebral palsy is a term used to refer to a variety of disorders that result from an injury or the baby not receiving enough oxygen before, during or after the delivery. A child with cerebral palsy will not only face more challenges but will also require special care and treatment. And the extent of the child's needs will be contingent upon the severity of the condition.

 

And if the condition was caused by the negligence of a doctor or other healthcare provider, it may be possible to file a lawsuit to recover damages that can help pay for the myriad expenses incurred by the child's needs. If you are interested in filing a medical malpractice lawsuit, it is important to understand the elements required to make a successful claim, which are duty, breach, causation, and damages. Here is a brief explanation of each term:

  • Duty refers to the legal obligation held by everyone who helped deliver your baby.
  • Breach refers to a failure to meet the accepted standards of care during a procedure.
  • Causation refers to your ability to demonstrate the connection between the healthcare provider's failure to provide acceptable care and the development of the condition.
  • Damages refer to proving that the condition, in this case, cerebral palsy, actually exists.

While these elements seem straight forward, putting together a successful medical malpractice suit can be a complex process. Often it requires carefully assessing medical records and getting the opinions of medical experts. And these are the tasks that an experienced birth injury attorney can perform for you. But the first step is contacting an attorney who can evaluate the strength of your case and advise you on your options for pursuing fair compensation.

 

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