Cerebral Palsy Litigation

Cerebral palsy litigation can help families to receive compensation for medical bills, home renovations, assistive devices, and other expenses. The lawsuit also makes medical professionals accountable for their mistakes.

The lawsuit typically ends in the form of a settlement or trial verdict. Your lawyer will collect evidence from experts in medicine and witness testimony to support your claim.

Case Evaluation

Cerebral palsy may cause permanent physical and mental impairments. It also results in significant medical expenses that can grow to thousands of dollars over time. This can result in financial strain for families, particularly those who have multiple children diagnosed with CP. However, if your child's CP was the result of the negligence of a healthcare provider you could be legally entitled to compensation.

In the free assessment of your case, your lawyer will look over all of your child's medical records and other evidence in order to determine if medical malpractice occurred. This could include imaging scans along with hospital and doctor's records, witness testimony, and more. When your lawyer has the evidence to back up your case, they will start a lawsuit against the doctor or hospital responsible for your child's injuries.

They will then begin collecting additional evidence to support your claim. This could include more medical records, as and testimony from doctors and loved ones that witnessed the birth.

Your lawyer will also create a plan for life-care to estimate the costs over the lifetime of your child, including medical treatment and special education and housing costs, among others. This information will be used to calculate the amount of settlement. After the parties have reached an agreement on an agreement and the judge has to decide to approve it. This will ensure that your family receives an equitable amount for the care of your child.

Case Value

The overall value of the case is an important factor in any cerebral palsy lawsuit. This includes past and future expected medical expenses as well as a child's pain and suffering. An attorney can provide you with an idea of the value of your case by discussing the matter with you and looking at the specifics of your family's circumstance.

An experienced cerebral palsy attorney can assist you in building a strong CP case by gathering the medical records of your child after which they are analyzed and determining whether or not the doctor violated their duty of care and caused your child's injuries. The lawyer can also help you determine if your child's injuries were caused by a medical mistake during the birthing process, such as prolonged labor that led to low oxygen levels, or the failure to treat symptoms of fetal distress like jaundice.

In the majority of instances, a settlement can be reached during the course of a cerebral palsy lawsuit. Depending on the circumstances of your case, you and your child may receive a lump sum or regular payments for life-long costs associated with treatment such as housing, schooling, and equipment necessary to improve the quality of life of your child suffering from CP. While a settlement cannot undo the harm that an error in medical care caused, it can help reduce financial stress by allowing you to concentrate on your child's care.

Contingency Agreement

Children born with cerebral palsy often require millions of dollars in medical treatments and adaptive equipment over the time of their lives. If your child's CP is due to the carelessness of healthcare professionals during labor or birth, you may be legally entitled to a substantial settlement to pay for future medical costs and to compensate the pain and suffering of your child.

A cerebral palsy lawyer will collaborate closely with you and your family to establish a strong relationship between the attorney and client. They will gather evidence such as electronic fetal monitor records as well as expert testimony, and other medical evidence to determine if the injuries were caused by medical malpractice. They will file a claim on your behalf and defend you in the court.

A good CP attorney will also advance 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 contingency fee, whereas other firms don't.

Every case is unique, and no one can predict the outcome of an action. The experience of your lawyer in similar cases will assist them to evaluate the strength and viability your claim. They will also explain how contingency plans work so that you do not need to risk any of your own funds to pursue a claim.

Statute of Limitations

When you learn that your child has cerebral palsy, the first thoughts will likely be on finding the right care and treatment options. You may be focusing on arranging more medical appointments or locating other specialists, as well as rearranging your work schedule. You might not have considered contacting a cerebral-palsy lawyer. However, if you wait too long, the time of limitations for filing claims for birth injuries related to your child's CP may expire.

The statute of limitations for each state varies, but most give citizens a few years to file personal injury claims. This includes medical malpractice suits that involve Cerebral Palsy that is caused through the negligence of doctors and other health professionals.

To successfully pursue a medical malpractice case against the healthcare provider accountable for your child's CP and you and your Kansas City cerebral palsy attorney must prove that the doctor violated his or obligation to provide a reasonable level of care in the case. This means that a doctor did something similar to the circumstances that a different healthcare professional with the same ability, competence and fairness would not have done.

You can seek damages to cover your child's immediate and long-term financial needs if your child's CP is a result of medical negligence. These expenses can include the cost of treatment, assistive devices and housing costs. Damages could also include the expected loss of earnings in the event that your child is disabled to work because of their CP.