Cerebral Palsy Litigation
Cerebral Palsy litigation can help families get reimbursement for medical expenses, home improvements and assistive devices. The lawsuit also makes medical professionals who are negligent accountable.
The litigation usually ends with a settlement or trial verdict. Your lawyer will collect medical expert information and witness testimony to back your claim.
Case Evaluation
Cerebral palsy may cause long-term physical and mental impairments. It can also result in substantial medical bills that could grow to thousands of dollars over time. This can result in financial difficulties for families, particularly families with multiple children who have CP. However If your child's CP was caused by the negligence of a healthcare professional and you are a victim, you may be legally entitled to compensation.
During your free assessment of your case, the lawyer will look over the medical records of your child and other evidence to determine if there were instances of medical malpractice. This could include images and records from the doctor and hospital, as well as testimonies of witnesses. After your lawyer has gathered enough evidence to support your case, they'll file a lawsuit against the doctor and/or hospital responsible for your child's injuries.
Then, they will start collecting more evidence to prove your claim. This could include more medical records and testimony from family members and doctors who witnessed the birth.
Your lawyer will also draft a life-care planning to estimate the cost of life of your child's life, such as special education and medical treatments and housing costs, among others. This will be used to determine the amount of settlement. Once the parties agree on a settlement amount the amount must be ratified by the judge. This will ensure that your family receives an appropriate amount of money for the care of your child.
Case Value
The overall value of a case is a key element in any
cerebral palsy lawsuit. This includes both expected and past future medical expenses, as well as the child's suffering and pain. A lawyer can give you a better idea of what your case is worth by looking into the specific details of your family's circumstances and discussing it with you.
A knowledgeable cerebral palsy attorney can assist you in creating a strong CP case by obtaining your child's medical records, evaluating them and determining if the doctor violated their duty of care and caused the injuries to your child. The lawyer can also help you determine if the injuries suffered by your child were the result of a medical mistake during the birthing process. This could be due to prolonged labor leading to low oxygen levels, or a failure to treat symptoms of fetal distress like jaundice.
In the majority of cases, a settlement will be reached as part of a
cerebral palsy lawsuit. Based on the circumstances of your case you and your child may receive a lump sum payment or regular payments for life-long expenses associated with treatment, housing, schooling and the necessary equipment to improve the quality of life of your child who suffers from CP. Settlements won't reverse the damage caused by a medical error however, it can ease financial stress and let you focus more on your child.
Contingency Agreement
Children with cerebral palsy are often required to pay millions of dollars in medical treatment and adaptive equipment over the course of their lives. If the negligence of healthcare professionals during labor and birth is the cause of your child's cerebral palsy, you may be entitled a significant settlement that will cover future medical expenses and compensate your child for the suffering and pain.
A certified cerebral palsy lawyer will work closely with your family to establish a solid attorney-client relationship. They will gather important evidence, including electronic fetal monitoring documents, expert testimony and other medical evidence to determine whether the injuries resulted from medical negligence. They will then submit a claim and assume the burden of representing you in court.
A good CP attorney will also pay all expenses outside of pocket to ensure a positive outcome. These costs include filing fees and court reporting costs, medical records charges, courier costs, and travel expenses. Some firms, such as WEIERLAW include these costs in their contingency fees while others do not.
No two cases are the same,
cerebral palsy lawsuit and no one can predict the outcome of lawsuits. The experience of your lawyer in similar cases will help them determine the strength and viability your claim. They will also explain how contingency agreements work so that you do not need to put at risk the money you have invested to pursue an action.
Statute of Limitations
The first thing you think of is to find the most effective treatment and
cerebral palsy lawsuit care for your child. You may be focusing on arranging more medical appointments or finding additional specialists, and rearranging your work schedule. A call to a cerebral palsy lawyer may be the last thing on your mind. If you delay too long, the time of limitations for filing a birth injury claim related to your child's CP could expire.
The statute of limitations in each state differs however, the majority of states allow citizens to file personal injury lawsuits within a few months. This includes medical malpractice suits which involve Cerebral Palsy that is caused through the negligence of doctors and other health professionals.
To be able to successfully pursue a medical malpractice lawsuit against the healthcare provider accountable for your child's CP and you and your Kansas City cerebral palsy attorney will have to prove that the doctor violated his the obligation to provide a reasonable standard of care in the case. This means that a physician performed a task in similar circumstances that another healthcare professional with the same level of ability, competence and fairness could not have done.
If your child's CP was caused by negligence on the part of a medical professional, you could claim damages for your child's immediate as well as long-term financial needs. These could include the costs of treatment, as well as assistive equipment, and housing costs. Damages can also include the estimated loss of future earnings if your child is not able to work due to CP.