Judge gavel and a blood pressure gauge on a wooden desk

What You Should Know About Cerebral Palsy Medical Malpractice

Did you know that cerebral palsy may be caused by medical mistakes during childbirth? These are preventable mistakes that may even be considered malpractice.

If you have reason to believe that your child’s cerebral palsy is caused by medical malpractice, a brain injury lawyer in New York can help you get the financial compensation you are owed. While this cannot reverse your child’s situation, that compensation can be a huge help, especially as you are now looking at countless years of treatment, therapies, and more.  

If you want to know more about cerebral palsy medical malpractice, read on as Ronemus & Vilensky, Attorneys at Law, share what you need to know about it:

What Is Medical Malpractice?

Medical malpractice happens when a doctor, other health care professional, or a hospital injures a patient because of a negligent act. Such injuries that are caused by malpractice often result in either neurological or developmental complications like cerebral palsy.

If you suspect that the delivering physician, the nurses, or the medical facility did not meet their required care standard and caused complications in your child, you may have the right to file for a lawsuit.

However, your medical malpractice claim must show that:

There is a clear violation of the hospital’s standard of care

Negligence is the cause of the injury.

The injury led to significant damage to the child.

If you want to know if you can file a cerebral palsy medical malpractice lawsuit, you can consult with Ronemus & Vilensky so we can do a legal case review.

Hospital Negligence Must Be Proven

As mentioned, you can file a medical malpractice lawsuit against an individual (a physician, nurse, etc.) or the hospital. Hospital negligence means you are directly holding the hospital accountable for the acts of neglect.

Every hospital has its practices and policies that are in place to prevent patient neglect. Every member of the hospital is expected to follow these policies.

Additionally, it is their responsibility to provide patients with a safe environment. Hospitals are also held responsible for hiring their medical staff, and that’s why they have strict hiring processes. If it turns out a medical staff does not meet the requirements for medical practice, the hospital is legally accountable.

Hospitals may also face negligence charges if a birth injury is caused by a lack of medical professionals on duty. It is, after all, a hospital, and they should have enough staff at all times to ensure the safety of patients.

Filip a Cerebral Palsy Malpractice Claim

When it is determined by your lawyer that you can claim for malpractice, you can then decide to file one formally. Your lawyer will take care of all the documents and handle all the legal work so you can focus on providing care for your child.

One thing to remember, though, is that you need to file your claim for cerebral palsy malpractice within the state’s statute of limitations. That means there is a time limit on how long you could wait until you file. That’s why it is crucial to seek the assistance of an attorney immediately to find out about these things.

Conclusion

Negligent medical professionals and hospitals should be held accountable for their actions. A reputable brain injury lawyer in New York can help you file for a malpractice claim. Even if the last thing you want to do after learning your child has cerebral palsy is to deal with a legal matter, you must remember that if there is indeed a reason for a claim, it is your right to file for malpractice, and it will be a great help to your family.

Ready for a legal consultation with a brain injury lawyer in New York? Ronemus & Vilensky Attorneys at Law’s fields of expertise include medical malpractice. Contact us today to schedule a case evaluation!