American medical students have to take an oath at the graduation or entry ceremony of the medical school. The oath is about the doctor’s responsibility to provide the proper care as per healthcare guidelines established by medical laws and organizations.
Medical experts say that complications are typical during childbirth, and doctors need to provide proper care and treatment for safe delivery. However, there have been instances when a doctor’s negligence causes brain injuries during childbirth that causes cerebral palsy. As per 2019 data, Philadelphia recorded one medical malpractice lawsuit that ended with $500,000 to $1 million payouts to the complainant.
If your child has suffered brain injuries during delivery due to a doctor, you need to contact a Philadelphia cerebral palsy lawyer.
Can You Sue Hospital, Doctor, or Nursing Staff for Medical Malpractice in Philadelphia?
The answer is yes. As per 2016 data, around 11 medical malpractice lawsuits were filed in Philadelphia. Medical malpractice laws differ with states. The state laws determine what can be considered medical malpractice and what cannot be. There are several hospitals in Philadelphia for maternity care.
If your wife was admitted for childbirth in one of the hospitals in Philadelphia and your newborn has suffered brain injuries that you suspect were caused by the hospital’s staff negligence. In that scenario, you might want to know whether you can sue for Cerebral Palsy in Philadelphia. If you have enough evidence of medical malpractice in your child’s brain injuries, you need to hire a Philadelphia cerebral palsy lawyer to file a lawsuit and get compensation.
Things to Know Before Filing a Cerebral Palsy Lawsuit
Though Pennsylvania laws allow you to file medical malpractice against the hospital, doctor, or nursing professionals, there are certain statutory limitations and time limits to file the lawsuit.
Time Limits
The Pennsylvania laws that govern the Philadelphia healthcare industry say that the plaintiff has two years to file a medical malpractice lawsuit after knowing about it. Here are a few things the plaintiff should know:
- The brain injury that occurred during childbirth caused cerebral palsy.
- The physician who conducted and caused the damage.
- The relationship between the injury and the conduct which caused it.
The person who has suffered a brain injury during childbirth must bring the case to court seven years after their 20th birthday. In such circumstances, the time limits of the date of injury do not matter.
Damage Caps
The Pennsylvania laws do not set a cap for compensation in cerebral palsy due to medical malpractice. In a medical malpractice lawsuit, the claimant can go for economic and non-economic damages. The laws only put a cap on “punitive damages,” which refers to damages imposed as punishment.
Periodic Payments
The medical treatment costs for a child having cerebral palsy are high. In many cases, the lifetime care costs for a child with cerebral palsy can cross the $1 million mark. As per recent data, Philadelphia recorded one medical malpractice case in 2018, which had a payout in the range of $5 to $10 million.
Pennsylvania laws allow the defendant party who has lost the case to make periodic payments. The regular payments rules require the defendant to pay damages in installment if the total damage compensation exceeds $100,000. The law defines future damages, including medical bills that the claimant must spend over his child for medical treatment.
Expert Testimony Requirements
The court requires you to fulfill expert testimony requirements. The cerebral palsy lawyer needs to file an affidavit within 60 days of filing a medical malpractice lawsuit. The law requires the affidavit to be written by an expert, and it mentions one of the following things:
- There is sufficient probability the defendant violated the standard of care.
- The defendant was responsible for violating the standard of care.
Now that you know you can file a medical malpractice lawsuit for brain injuries to your child due to a doctor’s negligence, hire the best cerebral palsy lawyer and file a lawsuit.
