New York Birth Injury Lawyers
Discussing Cerebral Palsy Lawsuit Considerations

When parents discover that their child has contracted cerebral palsy and that it could have resulted from a mistake made by medical professionals either before or during the delivery process, those parents are often initially devastated.  Soon, though, those feelings are replaced by others that include confusion and anxiety regarding what to do next, especially if those next steps could include litigation.  If your child has been diagnosed with cerebral palsy and you believe it resulted from a mistake made by medical professionals, you need to seek the immediate advice of experienced New York birth injury lawyers.  Below is an overview of what needs to be kept in mind with regards to cerebral palsy litigation.

The New York Statute of Limitations

One of the central variables with regards to New York cerebral palsy litigation concerns the statute of limitations.  The statute of limitations is basically a time limit within which a New York medical malpractice lawsuit must be filed, and if a claim is filed after that time limit the case will be dismissed.  Medical malpractice lawsuits in New York must be filed within 2.5 years of the date that the injury occurred.

However, there are exceptions to this rule that could apply to diagnoses of cerebral palsy.  What is generally known around the country as the discovery rule allows for what’s known as the ‘tolling’ of the statute of limitations when people did not and could not have reasonably discovered that an injury had occurred.  In many cerebral palsy cases, the diagnosis cannot be given until weeks or months after the birth, which could extend the time limit to file a lawsuit in certain situations.

Evidence and Witness Testimony

In addition to the statute of limitations consideration, those who are considering filing a New York birth injury lawsuit because of a cerebral palsy diagnosis should also understand what could be necessary with regards to the evidence that would need to be offered to the court.  This evidence will always be extremely technical and scientific in nature, and many times it must be offered by an expert witness who will testify on behalf of the injured child.  Obtaining access to these expert witnesses can be difficult for someone who does not possess an extensive background with managing these types of claims.

How New York Birth Injury Lawyers Can Help

Overall, bringing this type of a lawsuit can be difficult, but many times it is also necessary to properly provide for the needs of the child throughout life.  Rather than attempt to take this matter on by yourself, seek the help of New York birth injury lawyers who have been successfully arguing these cases for 40 years.  Contact Fitzgerald & Fitzgerald today to schedule a free initial consultation.