poll: legal action - Cerebral Palsy Message Board

randadell · 05-17-2004, 11:22 AM

Poll: was cp caused by fault of doctor of hospital and did you sue? What were the pros and cons if you did? I am struggling with wether or not to take legal action. I know I have a case, and will need money for future expenses for my child. Thanks in advance. Have a great weekend

BabyLuv · 05-17-2004, 08:35 PM

Yes my son's cp was caused by the doctor's negligence. I have considered sueing, but have never done it. Something is telling me not to, so I haven't. Like many people have/will say, the damage has been done. Just to have a son that is alive is priceless to me. Do what feels right to YOU. You will feel it deep in your heart what you must do. Listen carefully to what your heart/mind is saying.Don't let anyone lead you into something you don't feel comfortable with.

Tanamom2JAM · 05-18-2004, 08:08 AM

Yes, my son's cp was caused by delay on Dr's part in delivering him. We are pursuing a lawsuit at this time. I debated for several years on whether to pursue this or not until I realized that I didn't want my son to be dependant on SSI(hence having to be poor to qualify) or us for the remainder of his life. He deserves a chance at independence and I would love for him to have the financial freedom to build a home(someday) that is equipped for him and to be able to earn a living and not rely on government assistance(who knows how much $ will be available by the time he is 21?).

We are prepared for a long fight but this is for him and therefore well worth it. I know they will try to blame his problems on everything we did or didn't do. We already have the backing of a neurologist and perinatologist who agree on the dr's mistakes causing the cp. Anyway...forgive me for 'rambling'

Feel free to ask me any questions you may have.

Tana

randadell · 05-18-2004, 11:11 AM

Tan, How long ago since you filed? how long do you expect it will take for a verdict. at fisrt i didnt want to sue, but there was negligence, and my son will have medical needs his entire life. Our house is not even handicapped accessable, and if he requires a wheelchair, we will need a new car too. We work hard like everyone else, and struggle like everyone else, but make too much money for ssi or medicaid. How old is you child? boy or girl? Mine is 2 months, big baby boy.

Have a great day!!

Tanamom2JAM · 05-18-2004, 09:13 PM

"How long ago since you filed? how long do you expect it will take for a verdict. at fisrt i didnt want to sue, but there was negligence, and my son will have medical needs his entire life. Our house is not even handicapped accessable, and if he requires a wheelchair, we will need a new car too. We work hard like everyone else, and struggle like everyone else, but make too much money for ssi or medicaid. How old is you child? boy or girl? Mine is 2 months, big baby boy."

Hi first of all, Congrats on your little boy! We have a five month old and I know how it is having a wee one(sleep? whats sleep?

)

My middle son is 7 yrs old and will be confined to a wheelchair(uses a walker occasionally for exercise) for the rest of his life. He is intelligent, funny as all get out and loves to sing. He is very verbal and is so very sweet...did I mention handsome?
Anyway, I contacted several attorneys in the past few years and finally found one I felt comfortable with. It was long past the time of filing a lawsuit on our behalf, but we are pursuing it for him. Like you, we make too much money to qualify for SSI/Medicaid, but like other hard working people, don't have enough $ to pay for all the extra equipment/services our son will require.
You will need to find someone who is experienced in cp cases. They will find experts to validate your case or tell you if they don't think you have a case. It takes time for the entire thing to evolve...we are told it could be a year or two to get to court, if we do get that far. They will pour over the baby's birth records, your wife's medical history etc..it is not for the faint of heart...you will feel like your lives are turned inside out. My reaction to what is to come is that I will always have to be my son's advocate and make sure he gets what he needs in life...so, it is worth it to pursue this stressful experience in order to fight for what he lost.

Is your son enrolled in your local ECI program? Have you talked to anyone about medicaid waiver programs in your state? Do you have other children?