A common refrain we hear when speaking with parents about a potential medical error resulting in their child’s Cerebral Palsy is hesitancy around suing a doctor. Parents often build strong connections with their child’s pediatrician, as well as the obstetrician that managed the pre-natal care. The idea of suing your doctor could feel mean, perhaps even ‘rude,’ causing you to forfeit what may be a lifetime of help and security for your child. However, the truth is that the idea of Lifetime Benefits is far too large to ignore.
First, it should be clear that the pursuit of Lifetime Benefits due to a medical error resulting in preventable Cerebral Palsy is a very real thing. These funds are intended for children who have suffered a birth injury due to deviations from standard medical practices by the attending medical professionals. But for these individuals’ actions, your child would have lived a ‘normal life,’ free from all of the challenges associated with Cerebral Palsy. Lifetime Benefits are funds used to pay for medical expenses, adaptive equipment, modifications to home and vehicle, housing, etc.
With that said, we want to target the idea of concern surrounding you suing your doctor. Central to this issue is the idea of 1 versus 1, your family versus a doctor (or hospital). This is simply not the case. Beyond providing answers to questions about the delivery and for some of the litigation process, parents are not expected to take on the brunt of such a legal action. Instead, an experienced birth injury lawyer handles the required work in proving your child’s claim.
This claim, in turn, often centers more around the doctors or hospitals’ insurer and not the individual professional(s) involved. Short of the doctor’s actions being deemed egregious or extreme, no one is likely to lose their job or suffer individual hardship (and if the issue is that significant, they likely do deserve that action). Lifetime Benefits are typically paid out by the insurance company for the doctor or hospital, and are likely never to be paid out without the assistance of an attorney; no hospital or doctor will usually provide this financial assistance short of being forced to by a filed claim.
It’s understandable to feel hesitant about filing a lawsuit. Legal action is not something most people look forward to but, when it comes to your child, it can be a critical step for their future. Lifetime Benefits can reduce the pressure created by the costs associated with your child’s Cerebral Palsy. Given the fact no medical professional will come forward to admit their role in preventable CP, it’s important every parent have their child’s diagnosis reviewed through a Medical Legal Review. Carried out by medical and legal professionals well-versed in the complexities surrounding Cerebral Palsy, this free process can look into your child’s eligibility for Lifetime Benefits. If this process reveals red flags, one of our birth injury attorneys will help explain the steps forward and serve as a partner in this process.
Questions? Call us at (800) 462-5772 today!