My son has Mild Cerebal Palsy,I dont wanna call it Malpractice,so what can I call it so that I may sue???

Question

For the incident that happened and the results of this incident???Can I sue the hospital without a Lawyer?I dont want to call it Malpractice because of the lenghthy process.What else could I call it in court????he has alot of the symptoms,example:eyes,hair,limbs,speech,motor.His Neurologist diagnosed him,so did Public Schools,and The Government(Disability).I like to do this without a Lawyer...I would do it with a Lawyer but they have to understand that my son has Mild Cerebal Palsy..meaning he's not in a wheel chair and has a chance of being independant one day. Please Help!!!!!

Thankyou,everyone(not all) for the Judgemental answers,but I survived this me and my child,this questions came about because I did in fact have my BLADDER CUTduring delivery,and almost bleed to death until it was found,my son came out BLUE!So yes,Im interested in knowing who was at fault.

Answer 1

First off, I don't rec that you go up against the lawyers that the hospital will put against you. They're well trained, and have endless financial means to file for a Summary Judgement (having your case thrown out), and they'll probably win. If you can prove that the hospital is directly envolved in the "short term" disability of your son, then a good lawyer will take the case on a contingency. You could still receive a large settlement for your son's problems, and have him be a fully independant person in the future. Please, get a lawyer if you truely feel the hospital is at fault. Don't go up against their bottomless financial resources. They'll chew you up, and spit you out. Second, and lastly, I'm not sure what the term would be for your charges, which is another reason for a good lawyer.

Answer 2

You never want to try to sue someone without a lawyer. Get an attorney. Most will take the case and not get paid until you reach a settlement. But what did the hospital do to cause this? You don't really explain. It sounds like you are mad that they didn't diagnose him. Sometimes very mild cases aren't noticeable right away. Not really sure what your problem is here. You just mad about the fact that he has a mild disability? That's not really anyones fault.

Answer 3

Cerebral Palsy can be caused by many things, so you can not assume it was the hospital's fault. An attarney is going to go after the hospital and the doctors, because thats where the money is. You will never get a dime by yourself, because you do not have the expertise to prove your case, and no knowledge of the rules of law. The hospitals attorney will chew you up, and possibly countersue for their legal expenses, and you could find yourself owing hundreds of thousands to the hospital.
Get an attorney. Suing without an attorney is like trying to perform brain surgery on yourself with a fork. You can certainly do it, but well not be successful.

Answer 4

If it wasn't malpractice then why do you want to sue? You can't just sue the doctor because your child was born with an illness, that isn't the doctors fault. There are many things that contribute to illnesses such as cerebral palsy. Don't teach your child that he should blame others for his problem; teach him to rise above it and be the best person he can be. As for trying to call it something other than malpractice, I think you've just lost your case for yourself. Seriously, don't punish a doctor for what happened, you clearly KNOW it wasn't the doctors fault.

PS: Do you watch "Last Comic Standing"? There is a guy in the final five with CP and he is f-ing hilarious! It might be good for you and your kid to watch it.

Answer 5

How can you sue for this? Cerebral palsy is the term that covers a wide range of physical disabilities caused by damage to the brain during development. Between 500,000 and 700,000 Americans have cerebral palsy, and in the United States, about 1,500 babies are born with it each year. The details of the causes of cerebral palsy are still unclear but it is believed that premature birth, low birth weight, difficult or abnormal delivery, infections in the mother during pregnancy, lead poisoning, excessive consumption of alcohol, excessive smoking by the mother, and hypoxia are significant risk factors.

Answer 6

In cases of mild cerebral palsy, symptoms are not as disruptive, and usually not apparent to the naked eye. Sometimes parents and doctors are less likely to realize that a child even has mild cerebral palsy. The parents usually detect mild cerebral palsy as children may begin to have trouble reaching more advanced developmental milestones because of physical complications.

There's no way to go back and sue the hospital unless you have proof.

Answer 7

It'll be difficult, bordering on impossible to sue without a lawyer.

If you can prove negligience on the part of the OB or the hospital, then you might have a case, but because hospitals and doctors are so frequently sued, the burden of proof is higher in these kinds of cases.

Answer 8

It was either malpractice or it wasn't. If it was malpractice, then you MAY be able to sue. Every state has a statute of limitations.

I can promise you that if you try to sue without the benefit of the advise of competant legal counsel, you will be doing yourself and your child a HUGE injustice.

Please seek the advise of a lawyer in your area.

I wish you and your son the best of luck.

Answer 9

You need to have a consultation with a lawyer who specializes in cerebral palsy cases. Think of how the money might help him when you are not around. I wonder if the time limits have passed, though. Blessings to you and your family.

Answer 10

Your best bet is to consult a lawyer, because of the sensitivity of the case. You may even see if you can find one probono, or do some research of your own track down simular cases