| Personal
Injury Law - or tort law - is a complex umbrella
of interrelating laws designed to prevent harm or
compensate for harm to a person or property. This
harm or injury may be a matter of physical injury,
mental injury or financial injury. Medical
malpractice or medical negligence and legal
malpractice or legal negligence lawsuits are guided
by personal injury law.
A
civil wrong, or a tort, is recognized by law as
grounds for a lawsuit. Sometimes these wrongs are
considered crimes and punishable with imprisonment,
but the primary aim of tort law is to provide relief
through compensation to injured parties for the
damages incurred. Among the types of recoverable
damages are: loss of earnings capacity, pain and
suffering, and reasonable medical expenses. They
include both present and future expected losses. See
our Representative
Cases
Medical
negligence occurs through unreasonable negligence
or, more commonly, failure to provide the expected
standard of care in a given community. When a doctor
or health care professional agrees to diagnose or
treat a patient, he or she has assumed a duty of
care toward that patient. The health care provider
may be the doctor, nurse or a member of the staff.
It is possible that the individual is a lab or x-ray
technician with certain qualifications for operating
advanced medical equipment or interpreting results
of tests.
Annually,
8,000 - 10,000 babies and infants are diagnosed with
cerebral palsy. Estimates suggest that 20% of
children diagnosed with congenital cerebral palsy
developed CP due to a brain injury during the
birthing process. While the United States does not
currently have a system to track the rate of
cerebral palsy incidents, studies have shown that
there has been an increase in doctor error and
birthing mistakes associated with CP.
While
most doctors, nurses, midwives, and hospital
technicians provide a high standard of care for
their patients, unfortunately, many families are
harmed by medical mistakes constituting negligence.
A physician may have misread fetal monitoring
equipment, failed to diagnose fetal distress during
labor, waited too long to perform a Caesarian
Section, administered too much Pitocin, or failed to
act in a timely manner. Parents of a child suffering
with cerebral palsy should contact
an experienced cerebral palsy lawyer to research
the cause of their child’s condition.
A
statute of limitations applies to cerebral palsy
medical malpractice claims, placing time limits on
the amount of time families have to pursue a CP
medical malpractice case. Failure to file within the
applicable statute of limitations forever bars your
claim. These time limits vary from state to state.
To learn what the time requirements may be for your
state, contact us.
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