Cerebral Palsy Litigation

Cerebral Palsy lawsuits can help families get reimbursement for medical expenses, home improvements and assistive devices. The lawsuit also makes medical professionals accountable for their mistakes.

The lawsuit is usually settled with an agreement or trial verdict. Your lawyer will gather documentation from witnesses and medical experts to prove your case.

Case Evaluation

Cerebral palsy may cause permanent physical and mental impairments. It also results in significant medical bills, which can be as high as tens of thousands of dollars over time. This can create financial strain for families, particularly those with multiple children with CP. However, if your child's CP was caused by a healthcare provider's negligence, you may be legally entitled to compensation.

During your no-cost consultation, your lawyer will examine the medical records of your child as well as other evidence to determine if there were instances of medical negligence. This could include imaging scans and medical records from the doctor and hospital and also the testimonies of witnesses. If your lawyer has enough evidence to support your claim, they'll make a claim against the hospital or doctor responsible for your child’s injuries.

Then, they'll start gathering more evidence to prove your claim. This could include additional medical records, as in addition to testimony from medical professionals and family members who witnessed the birth.

The lawyer you hire will also prepare a plan for life-care to estimate the life-time expenses of your child, including medical treatment and special education and housing costs, among others. This will be used to determine the amount of settlement. After the parties have reached an agreement on an agreement, the judge must accept the settlement. This will ensure that your family receives a fair amount of compensation for the services provided to your child.

Case Value

The total value of the case is a significant factor in any cerebral palsy lawsuit. This includes both expected and past future medical expenses as well as the child's suffering and pain. An attorney can help you get a better idea about the worth of your case through discussing with you and looking at the particulars of your family's situations.

An experienced cerebral palsy attorney can assist you in creating an impressive 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 child's injuries were caused by an error made by a medical professional during the birthing process, cerebral palsy attorney such as prolonged labor that led to low oxygen levels or an inability to treat fetal distress signs such as jaundice.

In most cases, a settlement will be reached as part of a cerebral palsy lawsuit. Based on the circumstances of your case, you and your child could receive a lump-sum payment or periodic payments to cover costs associated with treatment, housing, schooling and other equipment that is needed to improve the quality of life for your child with CP. Settlements won't reverse the damage caused by a medical error, but it can reduce the financial burden and let you focus more on your child.

Contingency Agreement

Children with cerebral palsy usually require millions of dollars in medical care and adaptive equipment throughout the course of their lives. If the negligence of healthcare providers during labor and delivery is responsible for your child's cerebral palsy, you may be entitled to a substantial settlement to offset future medical costs and compensate your child for their suffering and pain.

A cerebral palsy lawyer will collaborate closely with your family and friends to establish a strong attorney-client relation. They will gather evidence, such as electronic fetal monitor records experts' testimony and other medical evidence to determine if the injuries caused due to medical malpractice. They will then file a claim and shoulder the burden of fighting for you in the court.

In addition to the time you spend on your case, a skilled CP lawyer will cover any out-of-pocket expenses necessary to ensure a successful result. These costs include filing fees as well as court reporting fees medical records fees, courier fees, 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, and no one can predict the outcome of lawsuits. However, your lawyer's experience in dealing with similar cases can help them evaluate the strength and viability of your claim. They will explain the process of contingency agreements to ensure that you don't put your money at risk to pursue an action.

Statute of Limitations

When you discover that your child suffers from cerebral palsy, the first thoughts are likely to focus on identifying the right treatment and treatment options. You could be thinking about scheduling more medical appointments, finding other specialists and shifting your schedule. A call to a cerebral palsy lawyer may be the first thing you think of. However, if you wait too long, the statute of limitations for filing claims for birth injuries related to your child's CP could run out.

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

To win a medical malpractice claim 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 obligation to provide a reasonable level of care in the situation. This means that a physician did something similar to the circumstances that a healthcare professional with the same level of competence, expertise and prudence would not have done.

You can claim damages to cover your child's immediate and future financial needs if your child's CP is a result of medical negligence. These expenses can include treatment, assistive devices and housing costs. These damages could also include the estimated loss of future earnings if your child cannot work due to their CP.