Cerebral Palsy Litigation

Cerebral palsy lawsuits help families get compensation for medical bills, home improvements as well as assistive devices and other expenses. The lawsuit also holds negligent medical professionals accountable.

The litigation usually ends by settling or a trial verdict. Your lawyer will collect medical expert documentation and witness testimony to back your claim.

Case Evaluation

Cerebral palsy can cause long-term mental and physical impairments. It also results in significant medical expenses that can increase to tens of thousands of dollars over time. This can result in financial strain for families, particularly those with multiple children diagnosed with CP. However, if your child's CP was caused by the negligence of a healthcare professional or carelessness, you may be entitled to compensation.

During your free assessment of your case, the lawyer will examine your child's medical records and other evidence to determine if there have been medical malpractice-related actions. This could include imaging scans or hospital and doctor's records, testimony from witnesses and others. After your lawyer has gathered 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 start collecting evidence to support your claim. This could include more medical records as in addition to testimony from relatives and doctors who witnessed the birth.

Your lawyer will also perform an assessment of the life-care plan for the costs that your child will face throughout his life which include medical care as well as housing, special education and many more. This information is used to determine the amount of settlement. After the parties have reached an agreement on a settlement, the judge must be able to approve it. This will ensure your family receives fair compensation for the services provided to your child.

Case Value

The overall case value is a key element in any cerebral palsy lawsuit. This includes the past and future expected medical expenses, as also the child's suffering and suffering. A lawyer can provide an idea of how much your case is worth by studying the specifics of your family's circumstances and discussing the matter with you.

A lawyer with experience in cerebral palsy can assist you in establishing solid CP case by gathering the medical records of your child in a thorough manner, evaluating them and determining if the doctor acted in breach of his duty of care and contributed to the injuries of your child. The lawyer can also help determine if the child's injuries resulted from an error in the medical birthing process, like prolonged labor leading to low oxygen levels or an inability to treat fetal distress symptoms such as jaundice.

In the majority of instances, a settlement can be reached in the course of a cerebral palsy lawsuit. Depending on your case, your child and you could receive a lump-sum payment or periodic payments to pay for the cost of treatments, housing and schooling for your child as well as equipment to enhance their quality of life. While a settlement can't undo the damage that the medical error has caused, it can ease financial burdens by allowing you to focus on your child's needs.

Contingency Agreement

Children born with cerebral palsy are often required to pay millions of dollars in medical treatments and adaptive equipment over the course of their lives. If the negligence of healthcare professionals during labor and birth is responsible for your child's cerebral palsy, you may be entitled a significant settlement that will help offset future medical expenses and compensate your child for the suffering and pain.

A cerebral palsy lawyer will work closely with you and your family to build a strong relationship with your attorney. They will gather important evidence, such as electronic fetal monitoring records, expert testimony, and other medical evidence to determine whether the injuries resulted from medical negligence. They will file a claim on behalf and advocate for you in court.

In addition to the time you spend on your case, a competent CP lawyer will pay for the necessary expenses out of pocket to ensure a positive outcome. These costs include filing fees court reporting fees, medical records fees, courier fees, and travel expenses. Some firms, such as WEIERLAW, include these expenses in their contingency fees while others do not.

No two cases are identical and no one can predict whether a lawsuit will succeed. The experience of your lawyer in similar cases will allow them to assess the strength and viability your claim. They will also explain how contingency agreements work, so that you do not have to risk any of your own money to pursue claims.

Statute of limitations

When you learn that your child is suffering from cerebral palsy, the first thoughts will be on locating the best care and treatment options. You might be thinking about scheduling more appointments with a doctor as well as finding other specialists and altering your work schedule. A call to a lawyer for cerebral palsy may be the last thing on your list. If you delay too long, the statute of limitations for filing an injury claim relating 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 lawsuits that deal with Cerebral Palsy that is caused through the negligence of doctors and other health professionals.

To successfully pursue a medical malpractice lawsuit against the healthcare provider accountable for your child's CP or CP, you and your Kansas City cerebral palsy attorney must prove that the doctor violated his obligation to provide a reasonable level of care in the situation. This means that the doctor acted in a way that another similarly skilled, reasonable and competent healthcare professional would not have done in similar circumstances.

You can recover damages to cover your child's immediate and longer-term financial needs if the child's CP is caused by medical negligence. These could include the cost of treatment, the use of assistive equipment, and housing expenses. Damages may also include the projected loss of earnings in the future if you child is not able to work due to CP.