Cerebral Palsy Litigation

Cerebral Palsy litigation can help families get compensation for medical expenses, home improvements and assistive devices. The lawsuit also holds medical experts accountable for their negligence.

The lawsuit typically ends in either a settlement or a trial verdict. Your lawyer will gather evidence from witnesses and medical experts to support your claim.

Case Evaluation

Cerebral palsy can cause permanent physical and mental impairments. It also results in significant medical bills that could mount to tens of thousands of dollars over time. This can cause financial stress for families, especially those who have multiple children diagnosed with CP. However, if your child's CP was caused by the negligence of a healthcare professional, you may be legally entitled to compensation.

During the no-cost review of your case, the lawyer will examine the entire child's record and other evidence to determine if medical malpractice took place. This could include scans of imaging and records from the doctor and hospital, as well as testimonies of witnesses. After your lawyer has gathered enough initial proof to support your case, they'll make a claim against the hospital or doctor responsible for your child's injuries.

Then, they'll start gathering evidence to support your claim. This could include more medical documents, as well as testimony from relatives and doctors who were present at the birth.

The lawyer will also conduct a life-care program to estimate the costs that your child will face throughout his life, including medical treatment, housing, special education and more. This will be used to calculate the settlement amount. If the parties are able to agree on an amount to settle that must be approved by the judge. This will ensure that your family receives a fair amount of compensation for the care provided to your child.

Case Value

In any cerebral palsy case the overall value of the case is an important aspect. This includes past and future expected medical expenses, as well as a child's pain and suffering. A lawyer can help you get an idea of the value of your case by talking with you and looking at the particulars of your family's situation.

A skilled cerebral palsy lawyer can assist you in building an effective CP case by acquiring the medical records of your child in a thorough evaluation and determining whether or not the doctor breached their duty of care and caused your child's injuries. The lawyer can help you determine if your child's injuries result from an unintentional medical error at birth, like prolonged labor, which resulted in low oxygen levels or a failure by the doctor to treat signs of stress in the fetus such as jaundice.

In most cases, a settlement is reached in a cerebral-palsy lawsuit. Depending on the circumstances of your case you and your child may be awarded a lump sum or periodic payments for lifetime expenses related to treatment such as housing, schooling and the necessary equipment to improve the quality of life for your child with CP. Settlements won't reverse the damage caused by a medical mistake, but it can reduce the financial burden and let you focus more on your child.

Contingency Agreement

Children born with cerebral palsy typically require millions of dollars in medical treatment and adaptive equipment over the course of their lives. If your child's CP is due to the carelessness of healthcare professionals during labor and birth, you may be eligible for a substantial settlement to cover future medical expenses and compensate for the pain and suffering that your child has endured.

A qualified cerebral palsy law firm palsy lawyer will collaborate closely with your family members to establish a solid attorney-client relationship. They will gather important evidence, including electronic fetal monitoring records, expert testimony, and other medical evidence, to determine if the injuries resulted from medical negligence. They will then submit a claim, and take on the burden of fighting for you in the court.

In addition to the time devoted to your case, a reputable CP lawyer will also advance all necessary out-of-pocket expenses to ensure a positive result. These expenses include filing costs along with court reporting fees as well as medical records fees. They also include courier fees and travel expenses. Some firms, like WEIERLAW include these expenses in contingency fees, whereas others do not.

There are no two cases alike and no one is able to predict the outcome of a lawsuit. However, the experience of your lawyer in handling similar cases can help them determine the strength and viability of your claim. They will also explain how contingency plans work so that you don't have to risk your own money to pursue an action.

Statute of Limitations

When you learn that your child is suffering from cerebral palsy, your initial thoughts will likely be on finding the right care and treatment options. You may be focusing on arranging more medical appointments, finding other specialists and altering your work schedule. Inquiring with a cerebral palsy lawyer may be the most unlikely thing to think about. If you delay too long, the time of limitations for filing claims for birth injuries related to your child's CP could run out.

Each state's statute of limitations is different, but all states allow citizens a few years to make personal injury claims. This includes medical malpractice suits which involve Cerebral Palsy that is caused by the negligence of doctors and other health professionals.

You and your Kansas City cerebral Palsy lawyer must prove in order to prevail in a medical malpractice claim against the healthcare provider who is accountable for your child’s CP that the doctor failed to meet the reasonable standards. This means that the doctor did something similar to the circumstances that a healthcare professional with the same ability, competence and fairness could not have done.

If your child's CP was caused by medical negligence, you can recover damages for your child's immediate and longer-term financial requirements. These expenses could include treatment, assistive devices, and housing costs. These damages could also include the projected loss of future earnings if your child is not able to work due to their CP.