Idaho Cerebral Palsy Lawsuit Filing Process

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You have a right to sue and seek damages if you believe medical malpractice caused your child’s cerebral palsy. The Idaho cerebral palsy lawsuit filing process can be complicated, but an Idaho lawyer can help you take the necessary steps.

Do I Need a Lawyer for the Idaho Lawsuit Filing Process?

You will benefit from having a lawyer by your side during this process. Legal representation is not technically required to file a medical malpractice lawsuit or a discrimination complaint. Your outcome is much more likely to be successful with the right lawyer.

The laws governing these cases are complicated and often favor the defendants.

The defendants will also be backed by teams of lawyers from their insurance companies. Trying to go up against these legal teams alone is not recommended.

As you search for a lawyer to help you start and get through the filing process, choose an individual Idaho lawyer or firm specializing in these cases.

It’s not enough to have a good general lawyer. You need someone who has worked with disabled children and on malpractice cases. Look for someone with proven wins for similar clients and positive references from those clients.

What Type of Lawsuit Do I Need to File for Cerebral Palsy?

As the parent of a child with cerebral palsy, you may be facing a couple of situations that require legal action:

• Medical malpractice. One of the earliest actions you may consider is filing a medical malpractice lawsuit. This may be the case if you believe a doctor, nurse, or other medical staff made a mistake or failed to provide adequate care for you or your child. If you can prove that this mistake was negligent and contributed to or caused your child’s disability, you can recover damages with this lawsuit. Examples include failure to initiate a timely C-section or improper use of forceps.
• Discrimination. You may feel your child has been discriminated against, such as in school. Or, your family may have been denied housing or public access because of your child’s disabilities. In these kinds of cases, you may want to file a complaint with the appropriate government agency or a civil lawsuit against those responsible.

How to File a Lawsuit for Medical Malpractice in Idaho

The process of initiating a medical malpractice lawsuit can be confusing, particularly since laws vary from state to state. In Idaho, ensure that you initiate the process in a timely manner.

State laws dictate that the statute of limitations on a medical malpractice case is two years from the time of the negligent incident. Exceptions can be made for minors, but you still cannot file any later than six years after the medical malpractice occurred.[1]

File for Prelitigation Screening

In Idaho, you must file a claim with the State Board of Medicine before actually filing a medical malpractice lawsuit.[2] The information about your case will go to a panel that provides prelitigation screening. The panel will determine if your case is frivolous or if it has merit and can proceed.

The panel also determines if you should be awarded damages and will suggest an amount. The decisions made by the panel are not binding, but you have to go through the process.

File a Lawsuit

Once you have completed the prelitigation screening, you can file your lawsuit. Your lawyer will send a detailed claim to notify the defendants, who then must respond within a certain amount of time. Don’t be surprised if they deny liability. This is typical.

With the complaint filed, both sides will prepare for settlement negotiations or a trial by investigating the incident and collecting evidence and expert testimony.

Negotiate for a Settlement

The prelitigation determination can help you during this part of the process. If the panel finds in your favor, you can use that decision as leverage in negotiating with the defendants’ lawyers for a settlement.

Before negotiations begin, you’ll discuss how much you hope to be awarded. Provide your lawyer with all relevant medical bills and receipts for other related expenses.

Compensation in a medical malpractice lawsuit depends on the costs of medical care, future care expenses, lost wages, assistive devices, and other costs, like those for pain and suffering.

Go to Trial

If negotiations fail, you will have to take your case to court if you want to proceed. Your lawyer will gather all the necessary evidence, expert testimony, and information to argue your case before a jury.

The jury will decide whether or not medical malpractice occurred and will award an amount for damages if it rules in your favor.

There is a cap on non-economic damages in Idaho, but judges have some authority to adjust the damages amount as needed.

How to File a Discrimination Complaint or Lawsuit in Idaho

You can also take legal action if you believe your family or your child has experienced discrimination based on disabilities. Idaho and federal laws protect people with disabilities from discrimination in housing, public access, employment, and education.[3]

Complete a Complaint Questionnaire

If your situation relates to state laws, you’ll first fill out a questionnaire through the Idaho Human Rights Commission. This will allow you to share all the basic information about your situation and your discrimination case.

Sign a Charge of Discrimination

The Commission will review your information and determine if you have a valid case of discrimination. If so, you will next be asked to sign a charge of discrimination. This will then be sent to the person or organization allegedly discriminating against your child.

Provide Information for an Investigation

At this point, the Commission will begin an investigation of the incident. If necessary, you will provide more information related to the incident.

The Commission will ultimately come up with a ruling, determining if discrimination occurred and, if so, what the reparations should be and if a public hearing is necessary.

File a Civil Lawsuit

Idaho law also allows you to file a civil lawsuit to take private legal action if you feel it is necessary. This kind of lawsuit can be used to recover damages, especially if you are not satisfied with the outcome of the Commission’s investigation and decision.

For either process, you should have a lawyer working with you who is experienced in civil rights and disability discrimination cases.

Filing a lawsuit in Idaho for medical malpractice or discrimination can be a daunting and challenging task. Let an Idaho lawyer help you get through the filing process more smoothly.