Georgia Cerebral Palsy Lawsuit Filing Process

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If your child was diagnosed with cerebral palsy and you feel medical mistakes caused the disorder, you have the right to sue for medical malpractice. The Georgia cerebral palsy lawsuit filing process can help you get justice, but you need an experienced cerebral palsy lawyer to help you through it.

Does Medical Malpractice Cause Cerebral Palsy?

Cerebral palsy is caused by brain damage. Medical malpractice can be an underlying cause of the damage that leads to cerebral palsy, for example, if a doctor uses excessive force with forceps during delivery and damages the baby’s head.

Many factors can contribute to cerebral palsy, and it’s not always obvious what caused it. A cerebral palsy lawyer can investigate and determine if your baby has cerebral palsy because of medical negligence.

What Is a Cerebral Palsy Lawsuit?

The best way to determine your options for legal action and make the best choice is to consult an experienced Georgia cerebral palsy lawyer. Generally, there are two main types of cases you may need to start on behalf of your disabled child:

• Medical malpractice lawsuit. Start the process of filing a malpractice lawsuit if you believe your child’s condition is the result of a medical mistake. Medical malpractice is when a medical caregiver doesn’t provide an adequate standard of care, harming the patient. Each state has its laws governing the malpractice lawsuit filing process.

• Discrimination and disability rights lawsuit. You may choose to file a lawsuit against a person or organization discriminating against your child or denying your child’s rights as guaranteed by law—federal laws like the Americans with Disabilities Act and the Individuals with Disabilities in Education Act.

Do I Need a Lawyer for the Filing Process?

It is vital to have a lawyer representing you as you begin the process of filing a cerebral palsy lawsuit. The right lawyer has the experience and in-depth knowledge of Georgia law that you need to make the process go more smoothly and ensure the best possible outcome.

Look for a law firm or a lawyer with this specific expertise, rather than a general lawyer. You need someone specializing in disability cases, birth injuries and cerebral palsy, and medical malpractice.

These lawsuits are complex, and the laws often favor the medical professionals. Trying to win a case alone or with a lawyer with limited relevant experience can derail the process.

How to File a Medical Malpractice Lawsuit in Georgia

As you begin filing a medical malpractice lawsuit in Georgia, it helps to understand the steps and what you can expect.

A clear picture of what will happen during this lengthy and complicated process will help you feel more confident in your choices.

Know the Georgia Statute of Limitations

First, make sure you know that there is a time limit. All states set a statute of limitations to limit when you can start a medical malpractice lawsuit.

Georgia gives you two years from the time of the negligent medical mistake to file. If you did not discover the incident until later, you still have five years from the actual event to start a lawsuit.[1]

Collect Evidence and Find Expert Witnesses

Once you have a lawyer and are sure you are still within the statute of limitations, it’s time to start building your case.

The burden of proof is on you to show that your doctor or other medical professional did not provide you or your child with an adequate standard of care.

You need evidence from medical records, expert witness testimony, and medical professionals who can evaluate and back up your allegations.

File the Lawsuit with an Affidavit of Merit

The state of Georgia lists the requirements for expert witnesses, which is important at the filing stage. With the lawsuit, you must also submit an affidavit of merit.

An affidavit of merit is a document signed by a qualified medical expert stating that your case has value and that the expert opinion is that negligence likely occurred.[2]

The experts your lawyer selects must have relevant qualifications and expertise in the same area of medicine as the defendants.

How Much Compensation Can My Child Get for Cerebral Palsy?

The lawsuit will go to the defendants, who must respond within a specific time frame. Once they do, likely denying liability, you will go deeper into the legal process. Part of this is determining the amount of damages you’ll seek.

Georgia law capped non-economic damages, the compensation you can recover for things like pain and suffering, disfigurement, or loss of enjoyment in life. However, a trial from 2010 challenged that cap and won, lifting the limit.[3]

Negotiate a Settlement

The first step in trying to recover damages is for your lawyer to negotiate with the other side. Your lawyer will present evidence and try to get as much in damages as possible. The idea is to get a settlement out of court, and many defendants will do this to avoid trial.

Take the Case to Court

Only if settlement negotiations fail will your lawsuit proceed to trial. If you do have to go to court, both sides will have time to gather more information, find witnesses, and investigate. Your lawyer will argue your case and present all the evidence before a jury.

The jury gets the final say in the outcome, although either side can appeal the decision.

Example of Georgia Cerebral Palsy Lawsuit

In 2016 a Georgia jury awarded a mother and her baby $30.5 million for brain damage and cerebral palsy. The mother told her doctor at 35 weeks that she couldn’t feel the baby. Tests showed signs of complications, but instead of beginning labor and delivery, the doctor recommended additional monitoring.

Delays in care and delivery of the baby led to brain damage and a diagnosis of spastic qualdriplegic cerebral palsy with severe disabilities. These include blindness and seizures.[4]

The Process of Filing a Discrimination Complaint in Georgia

Your child living with cerebral palsy will face lifelong challenges, including those posed by other people, such as discrimination. Your child may be discriminated against at school or be denied access to public spaces. Your family may face discrimination in housing because of your child’s disabilities.

To take action, you will need an experienced lawyer to help you determine which law applies. Georgia has no state civil rights law, so any legal action will be based on federal regulations.

Your first step in the process is likely to file a complaint, probably with the U.S. Department of Justice. Your claim will be reviewed. If you are unsatisfied with the outcome, you can consider starting a civil lawsuit to pursue further action and recover damages.

Filing a lawsuit related to your child’s cerebral palsy in Georgia can be a confusing process. Get the right lawyer as your advocate, and the process will go more smoothly and have better results for your child.