Your child suffers from a life-long disorder that may have been caused by a medical professional’s negligence. You seek a legal recovery that holds the medical professional accountable and compensates your child for past and future medical expenses, pain, suffering, and other damages. At the same time, however, lawyers for the medical professional are seeking to avoid liability. Here are common defenses you can expect when filing a cerebral palsy malpractice lawsuit against a doctor or hospital.
Defenses to Expect When You Suing a Doctor in a Cerebral Palsy Malpractice Lawsuit
Every cerebral palsy malpractice lawsuit is unique, just like every child with cerebral palsy is unique. However, there are some common defenses raised in cerebral palsy cases. Our experienced medical malpractice lawyers will be ready for any defenses, including:
- The cerebral palsy was not caused by medical negligence. Defense lawyers will cite research claiming that unknown factors cause cerebral palsy before birth and that only a small portion of cerebral palsy cases are caused by medical malpractice before, during, or after delivery.
- Even if the child’s cerebral palsy was caused by medical negligence, it wasn’t my medical negligence. The defendant may concede that your child’s cerebral palsy could have been caused by medical negligence but maintain it was someone else’s negligence that caused the injury.
Additionally, the defendant may argue with your demand for damages. For example, the defendant may argue that your child does not need all of the medical services you include in your demand for damages, that he isn’t suffering as much as you claim, or that his life expectancy is shorter than you claim.
Don’t Face These Challenges Without a Cerebral Palsy Lawyer
Our experienced Kentucky cerebral palsy birth injury lawyers will not only build a strong case but will also anticipate the likely defenses so that we are prepared to help your child recover full and fair compensation.
If your child has cerebral palsy, and you believe the condition was caused by medical malpractice, we encourage you to contact us today for a free, no-obligation consultation. Let’s review your child’s case and potential recovery so that you can make the necessary decisions to protect his future.