Cerebral palsy (CP) cases are important in holding doctors responsible and settling victims. However, their complexities can delay justice and leave victims confused. As laws evolve across the US, families with CP cases must stay informed about recent legislative and judicial changes. Below are key updates that can impact CP lawsuits.
1. Statute of Limitations for CP Cases
The statute of limitations determines the deadline for filing a case for medical malpractice. If the victim fails to act against the doctor or healthcare facility, a court might not hear the case. This can bar victims from receiving compensation, even for permanent injuries like CP.
Most states’ deadlines range from two to three years from when the injury occurred. However, since discovering birth injuries can take time, applying these timelines can complicate the case. Many states now offer special considerations for minors with CP as a result.
For example, medical negligence claims for minors in New York have up to 10 years after the injury or 2.5 years after the injured child turns 18. Illinois’s statute is 18 years for minors, with a maximum age cap of 22. Moreover, states like Florida extend the statute for eight years but cap discovery time at four years post-injury. These exceptions, known as tolling provisions, acknowledge the challenges in discovering and documenting birth injuries.
2. Proposed Limits on Compensation
One of the trending changes in medical ignorance laws involves capping non-economic damages. This includes limiting payments for pain and suffering, and impact on quality of life. Unlike economic damages that are easier to calculate, non-economic losses are often more profound and challenging to determine in a cerebral palsy lawsuit.
Some states limit how much victims can recover from medical malpractice claims. For instance, California’s MICRA reform increased the cap to $350,000 for non-death cases and $500,000 in wrongful death cases. Other states like Florida and New York do not have limitations on how much victims can get.
The lack of caps allows for full payment for medical negligence claims. However, states like New York have proposed potential limits on non-economic damages. If passed, this proposal could reduce the amount families dealing with lifelong conditions like CP can receive. Critics also argue that such limits reduce incentives for personal injury attorneys to take complex CP cases, potentially denying access to justice for vulnerable families.
3. Shift from “Customary” to “Reasonable” Care Standard
Another critical change in what defines malpractice may also significantly transform the CP case approach. Previously, doctors were judged based on whether their actions aligned with customary practices. These are what other doctors would do in similar circumstances. However, the new American Law Institute’s 2024 Restatement focuses on whether the actions were reasonable according to current medical standards.
The new definition emphasizes evidence-based practices and patient safety over outdated traditions. It also provides a national benchmark for professional conduct. This shift strengthens the victim’s argument in cerebral palsy cases by allowing the court to question whether the doctor followed modern standards. That means the healthcare provider may be held responsible if their actions fail to meet reasonable expectations. That is true even if such actions were common locally.
Endnote
Families of children with CP often face serious challenges that can last for a lifetime. Regular law changes can also affect how and under what conditions victims seek compensation. Consulting an experienced birth injury attorney is vital for such families to navigate the complex legal space and get justice.
