Cerebral Palsy Litigation

Cerebral Palsy litigation can aid families in receiving reimbursement for medical expenses, home renovations and assistive devices. The lawsuit also makes medical professionals accountable for their mistakes.

The lawsuit typically ends in either a settlement or a trial verdict. Your lawyer will gather medical expert documentation and witness testimony to support your claim.

Case Evaluation

Cerebral palsy may cause long-term mental and physical impairments. Medical expenses can be substantial and could reach tens, or hundreds of thousands of dollars. This can lead to financial difficulties for families, especially those who have multiple children with CP. If your child's CP is caused by the negligence of a healthcare provider you could be eligible for compensation.

During the complimentary review of your case, the lawyer will review all of your child's records and other evidence in order to determine if medical negligence occurred. This could include scans of imaging along with hospital and doctor's records, testimonies from witnesses and others. Once your lawyer has enough initial proof to support your case, they will start a lawsuit against the hospital or doctor accountable for the injuries your child sustained.

They will then begin collecting additional evidence to back up your claim. This could include more medical documents as well as testimonies from family members and doctors who witnessed the delivery.

Your lawyer will also prepare a life-care plan to estimate the costs that your child will face throughout his life, including medical treatment as well as housing, special education and much more. This information will be used to calculate the amount of settlement. If the parties are able to agree on the amount of settlement that must be approved by the judge. This will ensure that your family receives an equitable amount for the care of your child.

Case Value

In any cerebral-palsy case, the overall value of the case is a key aspect. This includes both expected and past future medical expenses, as well as the child's suffering and pain. A lawyer can provide a better idea of what your case is worth taking a look at the specifics of your family's circumstances and discussing the matter with you.

A skilled cerebral palsy lawyer can assist you in building an effective CP case by collecting the medical records of your child, evaluating them and determining if the doctor breached their duty of care and caused your child's injuries. The lawyer can also help you determine if your child's injuries resulted from a medical mistake during the birthing process, such as a prolonged labor that led to low oxygen levels, or the failure to treat symptoms of fetal distress such as jaundice.

In the majority of cases, a settlement is likely to be reached as part of a cerebral palsy lawsuit. Depending on the circumstances of your case, you and your child could receive a lump sum or regular payments for life-long costs related to treatment, housing, schooling and the necessary equipment to improve the quality of life of your child who suffers from CP. While a settlement can't undo the harm that a medical mistake caused, it may help alleviate financial strain by allowing you to concentrate on the care of your child.

Contingency Agreement

Children born with cerebral palsy are often required to pay millions of dollars in medical care and adaptive equipment throughout the duration of their lives. If the negligence of healthcare providers during labor and birth is the cause of your child's cerebral palsy, you could be entitled a significant settlement that will cover future medical costs and compensate your child for their suffering and pain.

A cerebral palsy lawyer will collaborate closely with you and your family to establish a strong attorney-client relation. They will collect evidence such as electronic fetal monitor records as well as expert testimony, and other medical evidence to determine if the injuries caused by medical malpractice. They will then make a claim and shoulder the burden of representing you in court.

A good CP attorney will also pay all out-of pocket expenses necessary to ensure a successful outcome. These expenses include filing costs as well as court reporting fees and medical records fees. They also include courier fees and travel expenses. Some firms, such as WEIERLAW, include these expenses in their contingency fees while others do not.

Every case is unique and not the same, and nobody can tell for certain whether a lawsuit will be successful. Your lawyer's experience in similar cases will help them assess the viability and strength of your claim. They'll explain the nuances of contingency contracts so that you don't have to risk your own money in order to pursue a claim.

Statute of limitations

If you find out that your child is suffering from cerebral palsy, your initial thoughts will be on finding the appropriate care and treatment options. You might be thinking about scheduling more appointments with a doctor, finding other specialists and shifting your schedule. You may not have thought about contacting a cerebral-palsy lawyer. If you wait too long to make a birth injury claim in connection with your child's CP, the statute of limitation may expire.

The statute of limitations in each state is different however, the majority of states allow individuals to start personal injury lawsuits within a few months. This includes medical malpractice suits that deal with Cerebral Palsy that is caused by the negligence of doctors and other healthcare professionals.

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

If your child's CP was the result of negligence in the medical field, you can claim damages for your child's immediate and longer-term financial needs. This could include the cost of treatment, assistive equipment, and housing expenses. Damages could also include the estimated loss of earnings for your child if they are incapable of working due to their CP.