Cerebral Palsy Litigation
Cerebral Palsy litigation can help families get compensation for medical expenses, home improvements and assistive devices. The lawsuit also holds medical professionals who have been negligent accountable.
The lawsuit typically ends by settling or a trial verdict. Your lawyer will gather medical expert documentation and witness testimony to prove your claim.
Case Evaluation
Cerebral Palsy can lead to long-term mental and physical impairments. Medical bills can also be significant and could reach tens, or hundreds of thousands of dollars. This can create financial strain for families, especially those who have multiple children suffering from CP. If your child's CP is the result of negligence of a healthcare professional you could be eligible for compensation.
During your free review of your case, your lawyer will review the medical records of your child as well as other evidence to determine if there was medical malpractice-related actions. This could include imaging scans and medical records from the doctor and hospital as well as the testimony of witnesses. Once your lawyer has enough evidence to back up your case, they'll make a claim against the hospital or doctor responsible for your child's injuries.
Then, they'll begin collecting evidence to support your claim. This could include more medical records, as also testimony from family members and doctors who witnessed the birth.
The lawyer you hire will also prepare a life-care plan to estimate the costs over the lifetime for your child, such as special education and medical treatments, housing costs, etc. This information is used to determine the settlement amount. After the parties have reached an agreement on the amount of settlement and it is then approved by a judge. This will ensure that your family receives fair compensation for the services provided to your child.
Case Value
The overall case value is a major factor in any cerebral palsy lawsuit. This includes future and past anticipated medical expenses, as the child's pain and suffering. A lawyer can help you get an idea of the value of your case by having a discussion with you and analyzing the specifics of your family's circumstance.
A lawyer with experience in cerebral palsy can assist you in building a solid CP case by obtaining your child's medical records and evaluating them, as well as determining if the doctor acted in breach of his duty of care, which led to the injuries of your child. The lawyer can help you determine if your child's injuries result from an error made by a doctor during birth, such as prolonged labor, which resulted in low oxygen levels or a failure by the doctor to treat fetal stress signs like jaundice.
In the majority of cases, a settlement is reached during a lawsuit involving cerebral palsy. Based on the specifics of your case your child and you may receive a lump sum payment or periodic payments to cover the cost of treatment, housing, and schooling for your child, as well as equipment to improve their quality of life. Settlements won't reverse the harm caused by a medical error but it can alleviate the financial burden and allow you to focus more on your child.
Contingency Agreement
Children born with cerebral palsy often require millions of dollars in medical treatment and adaptive equipment throughout the time of their lives. If the negligence of healthcare professionals during labor and delivery is responsible for your child's cerebral palsy, you may be entitled to a significant settlement that will cover future medical expenses and compensate your child for their pain and suffering.
A cerebral palsy lawyer will collaborate closely with you and your family to establish a solid attorney-client relationship. They will gather evidence such as electronic fetal monitor records, expert testimony, and other medical evidence to determine if the injuries were caused by medical negligence. They will then make a claim and take on the burden of representing you in the court.
In addition to the time you spend on your case, a reputable CP lawyer will advance all expenses that are out of pocket to ensure a positive outcome. These costs include filing fees, court reporting fees and medical records fees. They also include courier fees and travel expenses. Some firms, like WEIERLAW include these costs in their contingency fees while others do not.
There are no two cases alike, and no one can predict the outcome of the lawsuit. The experience of your lawyer in similar cases will help them determine the strength and viability of your claim. They will explain the process of contingency agreements so that you don't risk your own money in order to pursue claims.
Statute of limitations
When you learn that your child is suffering from cerebral palsy, your first thoughts will be on locating the best care and treatment options. You might be thinking about scheduling more appointments with a doctor, finding other specialists and rearranging your work schedule. You may not have thought of contacting an attorney for cerebral palsy. If you delay too long, the statute of limitations for filing claims for birth injuries related to your child's CP could expire.
The statute of limitation for each state varies, but most give citizens a couple of years to claim personal injury lawsuits. cerebral palsy lawsuit appleton includes medical malpractice suits that deal with Cerebral Palsy that is caused through the negligence of doctors and other health professionals.
To be able to successfully pursue a medical malpractice claim against the healthcare provider accountable for your child's CP as well as your Kansas City cerebral palsy attorney will have to prove that the doctor did not fulfill his or her duty to provide a reasonable standard of care for the circumstances. This means that a physician did something similar to the circumstances that a healthcare professional with the same competence, expertise and prudence would not have done.
If your child's CP was the result of medical negligence, you can claim damages for your child's immediate and long-term financial requirements. This could include the cost of treatment, the use of assistive equipment and housing expenses. These damages may also include expected loss of earnings when your child is not able to work due to CP.