Massachusetts Cerebral Palsy Lawsuit Filing Process

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The Massachusetts cerebral palsy lawsuit filing process can be confusing for parents. It involves estimating damages, meeting deadlines, and going through a tribunal. If your child developed cerebral palsy after medical mistakes or if your child has been discriminated against, an experienced Massachusetts cerebral palsy lawyer can help.

What Type of Lawsuit Should I File in Massachusetts for Cerebral Palsy

For a child with cerebral palsy, there are several lifelong challenges, including disabilities, health conditions, and even discrimination. These challenges can be made a little easier if you take legal action. There are two main types of cases you may need to start on your child’s behalf.

Medical Malpractice

A medical malpractice lawsuit can be filed when a patient is harmed as a result of medical negligence. Cerebral palsy can be caused by negligence, which is when a doctor or other healthcare professional fails to provide an adequate standard of care as determined by qualified experts.

If this failure leads to significant harm, such as a cerebral palsy diagnosis, you can sue for damages.

Examples of negligence that can cause birth injuries and cerebral palsy include:

• Failure to monitor fetal distress
• Improper use of delivery tools
• Delayed C-section
• Failure to diagnose and treat infections

Discrimination and Disability Rights

As your baby with cerebral palsy gets older, discrimination can become an issue.

Discrimination or violation of rights by disability may occur in school by denial of services, in housing if your family is turned away for rentals, or in public access if your child is not accommodated in public spaces.

The Massachusetts Commission against Discrimination resolves most incidents.[1]

Finding a Lawyer for Filing a Cerebral Palsy Lawsuit

There are several reasons to take some time to find the right cerebral palsy lawyer in Massachusetts to guide you through the filing process:

• Medical malpractice laws can be confusing, and the process is often complicated. A lawyer will help you understand them.
• With the right lawyer, every decision will be easier to make.
• A lawyer with experience in these cases has the in-depth knowledge to take each necessary filing step without jeopardizing your lawsuit.
• Working with a lawyer gives you a better chance of a successful outcome.
• With a lawyer, you are likely to recover more in damages.
• Lawyers have access to the medical experts you’ll need for testimony.

How Do I File a Medical Malpractice Lawsuit in Massachusetts?

Filing a medical malpractice lawsuit for cerebral palsy can be particularly daunting.

You will face legal teams representing doctors’ insurance companies. Understanding the process and the Massachusetts laws that govern it can make this a little easier.

Statute of Limitations in Massachusetts

You won’t be able to file at all if you miss the statute of limitations.

Massachusetts requires that you begin the filing process for medical malpractice within three years of when the incident occurred or when you discovered it. You cannot file more than seven years from the actual episode in the latter case.[2]

Damages Caps

An essential part of the process is determining how much you will seek in damages with your lawyer. Some Massachusetts cerebral palsy lawsuits are worth millions of dollars.

Provide your lawyer with all relevant information and documents to help determine this: medical records, medical bills, and receipts. Know that Massachusetts caps non-economic but not economic damages. The cap is set at $500,000.[3]

Filing a Complaint

Once your lawyer has discussed the process with you, the next step is to present the complaint. This document details the medical malpractice incident and notifies the defendants of your lawsuit against them.

Medical Malpractice Tribunal

The next step you’ll take in the filing process is to go before the state’s medical malpractice tribunal. This panel comprises a lawyer, a Superior Court justice, and a medical professional.

The defendants will respond to your complaint, after which your lawyer submits evidence to the tribunal.[4]

If you have a valid case, you can begin your lawsuit. If the tribunal says your case is invalid, filing is still possible, but to do so, you must submit a bond of $6,000.

Settlement Negotiations

Most malpractice cases proceed to negotiations for a fair settlement, but Massachusetts provides a unique opportunity for settling. Both sides can agree to a settlement discussion in an attempt to resolve the case.

Trial by Jury

If all attempts up to this point fail to resolve the issue or provide you with what you believe is a fair settlement, you can take your lawsuit to trial.

With the evidence presented and expert testimony, the jury will decide the case and award any damages.

Massachusetts Family Wins $26.5 Million Jury Verdict

The family of a boy with severe cerebral palsy and disability won a huge verdict in 2018. Jose was born at Brigham and Women’s Hospital in Boston. Two physicians caring for his mother failed to recognize fetal distress and did not initiate a C-section soon enough.

The result was brain damage that left Jose with significant disabilities. He has cerebral palsy, uses a wheelchair and feeding tube, is nonverbal, and requires 24-hour care.[5]

Filing a Discrimination Complaint or Lawsuit

Whether or not your situation falls under state or federal law is something your lawyer can help you determine. Most cases of discrimination fall under the Massachusetts Commission against Discrimination (MCAD), and this is where you’ll file a complaint by going through these steps: 

• File a claim and wait for a response. The first step in the process is to file a claim through the MCAD. You will then hear from the respondent, who has the chance to submit a position statement.

• MCAD investigation. If the MCAD decides your complaint has merit, it will investigate. The investigator assigned to your case will collect evidence and information, talk to witnesses, and sometimes interview the respondent.

• MCAD determination. After investigating, the MCAD decides on either probable cause, meaning there is evidence to support the allegation, or lack of probable cause, meaning there is not.

• Public hearing. If there is probable cause, your case goes to a public hearing. Witnesses testify, and evidence is presented. The MCAD commissioner makes the final decision.

• Appeal. If you are not satisfied with the determination of a lack of probable cause, you can appeal. A preliminary hearing gives you a chance to make your case and change the Commission’s mind.

• File a lawsuit. Depending on the situation, Massachusetts law may also allow you to file a civil lawsuit. Your lawyer can help you determine if you have this right and get started in the process.

When you’re ready to begin filing a lawsuit over cerebral palsy in Massachusetts, rely on the right lawyer to guide your steps. The process is long, complicated, and confusing, and it’s easy to make mistakes without the right advocate.

With the right cerebral palsy lawyer, you can give your child a better future with a successful lawsuit.