How to Protect the Evidence You Need for a Cerebral Palsy Lawsuit

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woman writing in journalYou know what caused your child’s cerebral palsy. However, you will need to convince the court that negligence occurred before you can recover damages from the hospital, doctor, or nurse who caused your child’s cerebral palsy birth injury.

To make convincing legal arguments, you will need persuasive evidence that the defendant’s failure to exercise reasonable care caused your child’s cerebral palsy. You may have some of this evidence in your possession, and some of the evidence may be held by other parties. However, it is up to you to protect all of it.

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A few of the ways you can protect evidence in a birth injury lawsuit include:

  • Keep all relevant documents in a safe place. This includes medical records related to pregnancy, labor, and delivery. You can request a copy of your medical records from your doctor.
  • Keep a journal. Write down everything you remember about labor, delivery, and your child’s development. You may forget details over time that could be useful to your child’s recovery.
  • Send a spoliation letter. You can send a letter to the hospital, doctor, and any other relevant parties asking that all evidence be preserved. Since this effectively puts the defendant on notice that you are pursuing a legal recovery, it is important to have an attorney send this letter on your behalf.

In addition to protecting the evidence you already know about, you can seek additional evidence during the discovery phase of a cerebral palsy lawsuit. Your Kentucky cerebral palsy lawyer will use legal tools such as interrogatories, depositions, and requests for production of documents to find out what caused your child’s cerebral palsy and to hold the right people accountable.

Your child’s life was forever changed by someone else’s negligence. Now, your child has only once chance to make a legal recovery. Help your child make a fair recovery by contacting the experienced cerebral palsy lawyers of Gray and White Law today for a free, no-obligation consultation. We will gather all of the relevant evidence and fight hard to protect your child’s legal rights.