If your child has cerebral palsy, you might be entitled to compensation. A successful claim could help you recover damages, which include medical bills, future medical expenses, pain and suffering, and more. For help with proving Florida cerebral palsy cases, reach out to a dedicated attorney. A seasoned cerebral palsy lawyer could help gather medical records from the pregnancy, the birth, and during the time the baby was in NICU. They could also look for more evidence and talk to expert witnesses to help your claim.
Potential Defenses in a Cerebral Palsy Case
The main defense that an opposing party would use in a cerebral case is that whatever the doctor did is not the cause of the cerebral palsy. Defense attorneys may claim the CP is genetic or the type of CP the child has is not caused by the alleged negligence. They may try to mitigate and minimize the injury to the child in order to avoid paying damages.
The defenses may be argued through the testimonies of experts who can explain to a jury the link between the negligence and the injury. That is why experts are valuable and why it is critical for claimants to hire legal counsel who knows how to find specialists in this field who can help with proving Florida cerebral palsy cases.
Evidence in Cerebral Palsy Cases
Proving Florida cerebral palsy cases involves collecting essential records and testimony from medical professionals who care for children with this disorder. Unfortunately, doctors may alter their medical records once they think they might be sued. A lawyer may conduct an audit trail, which is the metadata of the electronic record to show whether data was entered a long time after the treatment occurred or if the medical documents were altered, changed, or deleted. For help with gathering evidence in a cerebral palsy claim, individuals should reach out to a seasoned lawyer as soon as possible.
Prescription Drugs During Pregnancy
When a mother takes prescription drugs during pregnancy and was never told by a doctor to discontinue them, her attorney could conduct a risk-benefit analysis to determine whether the drug was necessary to save her life or she could have gone without it. They do this to identify the known risks and complications of taking the drug during pregnancy. A drug which has known risks or complications could form the basis of a successful case for medical malpractice against the physician who prescribed it.
How an Attorney Could Help with Proving Florida Cerebral Palsy Claims
Local birth injury attorneys have experience with proving Florida cerebral palsy cases. They know what to look for, what constitutes a case, and what does not. It is critical to talk to a lawyer who knows the medicine in this area and understands how that correlates with the law. A well-established lawyer has established relationships with doctors and experts who can quickly answer any questions that come up in a case. Call today to set up a consultation with a compassionate attorney.