Indiana Cerebral Palsy Lawsuit Filing Process

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In Indiana, you have the right to sue if you feel your child’s cerebral palsy resulted from medical negligence. The process can be complicated, and it helps to understand the basics of the lawsuit filing process beforehand. An Indiana cerebral palsy lawyer with experience handling medical malpractice cases can help guide you.

Types of Lawsuits to File on Behalf of a Child with Cerebral Palsy

If you live in Indiana and have a child diagnosed with cerebral palsy and living with disabilities, you may face a couple of legal situations.

You might consider filing a lawsuit over the medical care that may have caused or contributed to the condition. Negligent medical professionals or facilities can be held accountable in a medical malpractice lawsuit.

You can also file a complaint about any discrimination your child or family has faced, or if you believe your child’s rights have been violated.

Medical Malpractice Lawsuits

A medical malpractice suit is filed against medical professionals or facilities.

You may submit this kind of lawsuit if you believe that you can show your doctor or someone else providing care made a mistake that contributed to or caused cerebral palsy in your child.

For instance, a doctor may have used too much force during delivery and damaged your baby’s head. This kind of lawsuit is filed to get recognition from those responsible and recover damages.

Discrimination Complaints

State and federal laws protect against discrimination in housing, public accommodations, and education based on disability.[1]

If your child has experienced discrimination or is not given appropriate school services or open access and opportunities, you can file a complaint or a lawsuit to get justice and a resolution.

Do I Need an Indiana Lawyer to File a Cerebral Palsy Lawsuit?

Yes. Do not file any of these lawsuits without the right lawyer by your side. There are several reasons you need an experienced Indiana lawyer to file a cerebral palsy lawsuit. A layer can do several things for you: 

• Explain your legal options and help you determine what kind of suit to file.
• Educate you about the laws and how they apply to your situation.
• Make every step of the filing process more comfortable.
• Give you a better chance of winning your case and recovering damages for your child.
• Pinpoint which Indiana or federal law applies in a case of discrimination.

How Much Compensation Can You Get in an Indiana Cerebral Palsy Lawsuit?

A cerebral palsy settlement or jury verdict amount varies significantly by individual factors in each case. Your cerebral palsy lawyer can give you the best estimate of what to expect for compensation, but cannot guarantee you a certain amount.

Settlements are usually less than jury verdicts, but they are the safer option. A trial can end with no compensation for the plaintiffs.

The law also limits the amount of compensation a child or family can receive. Indiana’s Medical Malpractice Act caps total damages for plaintiffs in lawsuits.[2]

The damages cap is periodically raised to account for inflation. Currently, the cap is set at $1.8 million for malpractice that occurred after June 30, 2019.

Affected families are currently fighting to declare the cap unconstitutional. The family that began the legal battle has a child with severe cerebral palsy.

During their initial lawsuit, experts estimated that their child’s lifetime care costs would be $8 million to $10 million. Their jury award of $15 million was limited to $1.25 million due to the damages cap.[3]

How to File a Medical Malpractice Cerebral Palsy Lawsuit in Indiana

The process of filing a medical malpractice suit must begin within the state’s statute of limitations. Indiana law states that a malpractice case must be filed within two years of the incident. Or, if you discover the negligence later, it can be filed within two years of discovery.[4]

Minors who were under the age of six when harmed have until their eighth birthday to begin the process.

Getting an Opinion From the Medical Review Panel

As long as you are within the statute of limitations, the first step you’ll need to go through for a medical malpractice case is to get an opinion from the medical review panel.

Your lawyer will prepare a document that details the negligent incident for review by the panel and file it with the Indiana Department of Insurance.[4]

The panel has 180 days to investigate and form an opinion. If it is in your favor, you can use the advice in your case, but it is not considered binding or conclusive.

File the Lawsuit

Once you have gone through the review panel, you can proceed with the actual lawsuit. This will proceed as usual for a suit, with a complaint notifying the defendants. They then have a certain amount of time to respond and decide whether to participate in settlement negotiations.

Negotiate a Settlement

Because it takes the least amount of time, the best outcome is for the defendants to agree to settle and give your child a fair amount of compensation. Your lawyer will engage in these negotiations on your behalf, but you have the ultimate decision on whether or not to accept an amount.

Go to Trial

Only if the negotiations fail or the defendants refuse to try to settle will you have to take your lawsuit to court. This is not often the outcome, but it does happen.

In a trial, your lawyer argues your case and presents evidence and testimony to prove that your child suffered from medical negligence. The jury makes the final decision and awards any damages.

How to File a Discrimination Complaint in Indiana

Many cases of discrimination go through a state agency. Your lawyer will know if your situation should be handled under federal rather than state law.

• Under state law, the process begins with a complaint filed with the Indiana Civil Rights Commission. You can file this complaint by phone, mail, online, or in person.
• The Commission will then review your complaint and help you draft a Complaint of Discrimination Form.
• A Commission officer can then help you determine if you are eligible, and if you are, will assign an investigator.
• The investigator handles your complaint by determining if your case has merit and coming up with a final determination and a recommendation for what should happen next.

If you are not satisfied with the outcome of this process, state law in Indiana does allow you to take private action. This means you can sue the responsible person or organization.

For instance, if a landlord refuses your family a rental because of your child’s disability, you can file a lawsuit to recover damages.

Filing a cerebral palsy lawsuit in Indiana is essential when your child suffers from medical malpractice or discrimination. A trial can provide remediation, a sense of justice, and much-needed damages. The process can seem daunting, but you can expect a good outcome if you find the right lawyer to help your family.