Pennsylvania Cerebral Palsy Lawsuit Filing Process

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Contact a Pennsylvania cerebral palsy lawyer to help you get justice and compensation for your child with cerebral palsy. You have a right to sue for medical malpractice that caused your child’s disabilities. The right lawyer will give you advice, guide your next steps, and give you the best possible outcome.

Types of Lawsuits to File for Cerebral Palsy in Pennsylvania

You may need to file one of two main types based on how your child developed this condition and how disabilities may lead to discrimination in the future.

Medical Malpractice Lawsuits

Medical malpractice is a legal scenario in which a doctor or other medical professional is held to account for failing to provide an adequate standard of care, resulting in harm to that patient.

If you believe that someone made a mistake during your pregnancy or labor or in the care of your newborn that led to the diagnosis of cerebral palsy, you may consider filing this kind of lawsuit for justice and to recover damages.

Discrimination and Disability Rights Cases

Filing a cerebral palsy lawsuit over discrimination may not be necessary because state and federal agencies have processes for filing a complaint to resolve these incidents. Your lawyer can help you decide if a claim is the right strategy or if you should file a lawsuit to sue the individual or group responsible.

In either case, you can look forward to a resolution of the situation, remediation, and possibly a recovery of damages.

Hiring the Right Lawyer for Filing a Cerebral Palsy Lawsuit

Before you begin the filing process, find the right lawyer to guide you. The filing and following through with a lawsuit to the end is complex. It’s easy to make mistakes if you don’t understand the relevant laws and experience with these kinds of cases.

Don’t choose just any lawyer. Choose a highly qualified cerebral palsy attorney specializing in helping clients with disabilities and cerebral palsy and someone with experience handling malpractice cases.

Search online for an attorney specializing in medical malpractice and birth injury lawsuits. Also, check with the state bar association and local community groups advocating for disabled people.

If you know any other parents of children with cerebral palsy or other disabilities, they may also be able to give you a referral for a lawyer they know and trust.

How Do I File a Cerebral Palsy Medical Malpractice Lawsuit in Pennsylvania?

Medical malpractice laws vary by state, so the process you follow to file will depend on the specific Pennsylvania laws. Understanding these laws, the process, and the steps you’ll take can help you make better and more informed decisions.

• Know the time limit. It’s important to begin a medical malpractice lawsuit as soon as possible. There is a time limit based on a law known as the statute of limitations. You only have two years from the incident to file. You can extend that time to two years from when you discovered the incident that harmed your child.[1]

• How much compensation can I get for my child with cerebral palsy? An important reason to file a medical malpractice lawsuit is that cerebral palsy care is expensive. A successful trial can recover damages covering your child’s medical costs and much more. Pennsylvania does not limit how much you can recover. Talk to your lawyer about your expenses so you can determine a fair and adequate amount to seek in your lawsuit. Many cerebral palsy lawsuits are worth millions of dollars.

• Submit a certificate of merit and file. Pennsylvania law requires that you submit this certificate before you can officially file the lawsuit. It must detail the incident and be signed by a qualified medical expert to confirm that your case has merit and is not frivolous.[2] When this is done, you can file and notify the defendants to begin the lawsuit.

• Attempt to settle. Once notified, the defendants will likely agree to try to solve the case out of court. Even if they don’t admit liability, a settlement is faster and less costly. Your lawyer will negotiate on your behalf and try to get you a fair amount. You can say no to any offer and must agree before reaching any final agreement.

• Go to trial if necessary. If the negotiations fail, you can take your case to court with your lawyer to present evidence and argue on your behalf. The jury will decide if negligence occurred and if the defendants owe you damages.

Filing a Cerebral Palsy Discrimination Complaint or Lawsuit

Filing a lawsuit over discrimination is a straightforward practice your lawyer can guide you through. This will be a private, civil action suing those responsible.

The benefits are that you may be able to recover damages and get a resolution to the situation. For instance, you may sue a landlord for failing to provide disabled accommodations. A successful lawsuit can get you what you need.

The same outcome may be possible with filing a complaint to the Pennsylvania Human Rights Commission.[3]

Your lawyer can help you determine which process is better for your situation. Pennsylvania law protects against discrimination in housing, education, and public accommodations.

• The process begins with filing an official complaint with the Commission within 180 days of the incident.
• It then goes to the respondent, who must respond. An investigator will investigate the event, collecting information for a fact-finding conference.
• The conference may or may not be necessary, depending on your specific situation. The investigation and the discussion will lead to an official finding by the Commission, either probable cause or no probable cause for discrimination.
• If the finding is probable cause, the Commission will try to conciliate, guiding an agreement between both sides to resolve the situation.
• If that fails, your case will go to a public hearing to determine whether or not discrimination occurred and, if so, what actions need to be taken to resolve it.

Dealing with discrimination or medical malpractice may be necessary if you have a child with cerebral palsy. The processes can be confusing and overwhelming, but if you have the right lawyer by your side, you can get through it to benefit your child.