Cerebral Palsy Medical Malpractice FAQs

Cerebral palsy is commonly cause by brain injuries sustained before, during, or immediately after childbirth. Cerebral palsy is not one specific medical condition. Instead, it refers to a group of symptoms caused by neurological impairment. Every case of cerebral palsy is unique. Sometimes, all four limbs are affected. In other cases, only half of a person’s body is affected. Sometimes children with cerebral palsy are unable to walk, while in other cases, the effect of cerebral palsy is mild. The spectrum of affects caused by this disorder is vast.

How do I Know if I Have a Medical Malpractice Case?

If your child has been diagnosed with cerebral palsy, you might wonder whether or not you have a valid legal claim for monetary damages. The foundation of a lawsuit involving cerebral palsy comes down to whether a doctor made a medical mistake, or whether or not negligence contributed to your child’s cerebral palsy diagnosis.

The link between medical malpractice and your child’s cerebral palsy diagnosis can exist in many different ways. If your child has shown any symptoms of a birth injury, you might have a valid cerebral palsy birth injury medical malpractice lawsuit. As medical malpractice attorneys with experience handling personal injuries like a birth injury, we investigate the following types of evidence to determine whether or not our clients have a valid birth injury claim:

  • Medical records
  • The method of treatment used during and after delivery
  • Results from medical tests, including EEG and CT scans

No two cases of medical malpractice are the same. Each case presents a unique set of facts that our lawyers need to thoroughly investigate. Our legal team consults with medical experts to decide whether or not your child’s medical treatment fell below the required standard of care.

How Long Does Filing a Cerebral Palsy Lawsuit Take?

Medical malpractice lawsuits are usually complex. These cases require gathering substantial amounts of medical evidence and consulting with experts. They can take anywhere from one to three years or longer, depending on the case. Sometimes, we will settle the case prior to going to trial, allowing us to cut the time frame back substantially.

What are the Steps for Filing a Basic Claim?

If you are interested in investigating the possibility of filing a medical malpractice claim, these are the basic steps you will go through:

  • Set up a case evaluation at Arnold & Smith, PLLC
  • Collect all of your child’s medical records
  • Organize, prepare, and review all of your child’s medical records
  • Seek the evaluation of medical experts who will support your case
  • Start any necessary pre-lawsuit procedures
  • File the lawsuit in a Charlotte court
Do I Need to do My Own Research for My Cerebral Palsy Case?

No, you will not need to do research. At Arnold & Smith, PLLC, our legal team will take charge of your case so that you and your child can focus on therapy and development. All of the research involved in your case will be handled by one of the medical malpractice attorney’s, as well as the medical experts with whom they consult. It is beneficial to work closely with your lawyers at the start of the legal process to fully evaluate all of the relevant facts in your case.

What Should You Look for in a Cerebral Palsy Birth Injury Lawyer?

Finding a Charlotte attorney experienced in handling medical malpractice birth injury claims can feel extremely overwhelming. There are many medical malpractice attorneys in Charlotte and doing a Google search will reveal a multitude of possible attorneys. When you are considering a lawyer, you should look for the following traits:

  • Experience with cerebral palsy birth injury lawsuits
  • A proven, successful track records
  • Experience handling Charlotte medical malpractice cases
  • Good communication in the client-lawyer relationship
  • Whether the lawyer charges contingency fees or requires a flat fee. You should look for a lawyer who charges contingency fees, that way you will not need to pay any fees until you succeed in your case
  • Whether the lawyer is understanding and will offer an effective client-lawyer relationship
Will the Initial Consultation Cost Money?

At Arnold & Smith, PLLC, we encourage potential customers to call us as soon as possible so we can begin the investigative process. Gathering evidence takes significant time when it comes to preparing for a cerebral palsy medical malpractice lawsuit. The sooner you contact an experienced lawyer and begin the process, the better. Contact our Charlotte firm today to schedule a case evaluation and learn how our medical malpractice attorneys can help you. Call our office at (704) 370-2828 to evaluate your options or fill out our contact form to schedule your initial consultation. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville, and Monroe.

Client Reviews
Arnold & Smith was great. They are always on time for your case, they really know what they are talking about. They are very good about giving you updates on your case. I highly recommend everyone to use Arnold & Smith as your attorney they will make sure you get the best result possible for your case. By far the best attorney in the area. Austin
Resonable expectations were set and the results far exceeded them. I was well informed, prepared and supported by Matt and his team. They provided comfort and confidence, as well as a great outcome. I can't possibly describe how grateful I truly am for what they have done for me. Matt was recommended to be by another trusted individual and I believe that was a blessing. Anthony
I can't say enough great things about Matthew Arnold and his team. I had a very complicated, high-conflict case which took a lot of time and effort on everyone's part, and I feel like my case was given the time and attention it required. Matt Arnold is a great attorney, and I would go as far as saying one of the best in Charlotte, if not the best. Bree is also amazing. Amber