Cerebral Palsy Litigation

Cerebral Palsy litigation may help families receive compensation for medical expenses, home renovations and assistive devices. The lawsuit also makes medical professionals accountable for their mistakes.

The lawsuit is usually settled with a settlement or trial verdict. Your lawyer will gather medical expert documentation and witness testimony to prove your claim.

Case Evaluation

Cerebral Palsy can lead to permanent physical and mental impairments. It also leads to significant medical bills that can mount to tens of thousands of dollars over time. This can create financial strain for families, especially those who have multiple children suffering from CP. However should your child's CP was caused by the negligence of a healthcare provider you could be eligible for compensation.

During your free review of your case, your lawyer will examine your child's medical records and other evidence to determine if there were instances of medical malpractice. This may include imaging scans or hospital and doctor's records, testimonies from witnesses and others. Once your lawyer has enough initial proof to support your case, they'll file a lawsuit against the doctor or hospital accountable for the injuries your child sustained.

They will then begin to collect additional evidence to back up your claim. This could include more medical documents as well as evidence from doctors and loved ones who were present at the birth.

Your lawyer will also prepare an estimate of your child's lifetime expenses that may include medical treatment and housing, special education and much more. This information is used to calculate the amount of settlement. If the parties are able to agree on a settlement amount that must be approved by the judge. This will ensure that your family receives fair payment for the care given to your child.

Case Value

The overall value of the case is an important factor in any cerebral palsy law firm palsy lawsuit. This includes the past and future expected medical expenses, well as a child's pain and Cerebral Palsy lawsuit suffering. A lawyer can help you get a better idea about the value of your case after discussing the matter with you and looking at the specifics of your family's circumstance.

An experienced cerebral palsy attorney can assist you in creating an effective CP case by acquiring your child's medical records after which they are analyzed and determining whether or not the doctor breached their duty of care and caused your child's injuries. The lawyer can also help you determine if the injuries suffered by your child were the result of an error in the medical birthing process, such as a prolonged labor that led to a decrease in oxygen levels or an inability to treat fetal distress symptoms like jaundice.

In the majority of cases, a settlement is likely to be reached during the course of a cerebral palsy lawsuit. Depending on the circumstances of your case you and your child could receive a lump-sum payment or periodic payments for the lifetime expenses associated with treatment including housing, schooling and the necessary equipment to improve the quality of life of your child with CP. While a settlement cannot undo the harm caused by the medical error caused, it may help alleviate financial strain by allowing you to focus on the care of your child.

Contingency Agreement

Through the time of a child's life, they may require medical treatment and equipment worth millions of dollars. If your child's CP is caused by the carelessness of healthcare professionals during labor and birth, you could be entitled to a substantial settlement to help offset future medical expenses and compensate for the pain and suffering of your child.

A qualified cerebral palsy lawyer will work closely with your family members to build a strong relationship with your attorney. They will gather evidence like electronic fetal monitor records as well as expert testimony, and other medical evidence to determine if the injuries were caused by medical negligence. They will submit a claim on your behalf and represent you in court.

In addition to the time that is spent on your case, a competent CP lawyer will pay for all necessary out-of-pocket expenses to ensure a successful result. These expenses include filing fees and court reporting costs, medical records costs, courier fees and travel expenses. Some firms, such as WEIERLAW include these costs in contingency fees, whereas others don't.

No two cases are identical, and nobody can predict whether a lawsuit will be successful. However, the experience of your lawyer in dealing with similar cases can help them determine the strength and viability of your claim. They'll explain the nuances of contingency agreements to ensure that you don't have to risk your own money in order to pursue a claim.

Statute of Limitations

Your first thoughts may be to find the best treatment and care for your child. Scheduling more medical appointments and locating specialists rearrangement of your work schedule might be top on your list of priorities. A call to an attorney for cerebral palsy might be the most unlikely thing to think about. But, if you hold off too long, the statute of limitations for filing an injury claim relating to your child's CP could run out.

The time limit for filing lawsuits in each state varies, but the majority allow individuals to make personal injury claims within a few months. This includes medical malpractice lawsuits that involve Cerebral Palsy caused by negligence by physicians and other healthcare employees.

In order to win a medical malpractice case against the healthcare provider accountable for your child's CP and you and your Kansas City cerebral palsy attorney will need to prove the doctor violated his or obligation to provide a reasonable standard of care in the case. This means that the doctor performed a task in similar circumstances that a different healthcare professional with the same level of skill, competence and reasonableness would not have done.

If your child's CP was caused by medical negligence, you can seek compensation for your child's immediate as well as long-term financial needs. This can include the cost of treatment, assistive equipment, and housing expenses. These damages may also include estimated future loss of earnings in the event that your child is disabled to work because of their CP.