Cerebral Palsy Litigation
Cerebral Palsy litigation may assist families to receive reimbursement for medical expenses, home renovations and assistive devices. The lawsuit also makes medical professionals accountable for their blunders.
The litigation usually ends with a settlement or a trial decision. Your lawyer will gather documentation from medical experts and witness testimonies to support your claim.
Case Evaluation
Cerebral Palsy could cause permanent physical and mental impairments. Medical expenses can be significant, and can amount to tens or even hundreds of thousands of dollars. This can result in financial difficulties for families, particularly those with multiple children with CP. However, if your child's CP was caused by the negligence of a healthcare provider, you may be legally entitled to compensation.
During your complimentary consultation, your lawyer will review the medical records of your child as well as other evidence to determine if there were instances of medical negligence. This could include images scans as well as hospital and doctor documents, testimony from witnesses, and more. Once your lawyer has sufficient evidence to back your claim, they will file suit against the hospital or doctor accountable for the injuries your child sustained.
They will then begin gathering additional evidence to back up your claim. This could include more medical records as and testimony from relatives and doctors who witnessed the birth.
Your lawyer will also prepare an estimate of the lifetime costs of your child that include medical treatment and housing, special education, and more. This information will be used to determine the settlement amount. Once the parties agree on an amount for settlement that must be approved by the judge. This will ensure that your family receives a fair amount of reimbursement for the care you provide to your child.
Case Value
The total value of the case is a major factor in any cerebral palsy lawsuit. This includes both past and expected medical expenses, as the child's pain and suffering. A lawyer can give you an idea of how much your case is worth investigating the specifics of your family's situation and discussing it with you.
A skilled cerebral palsy lawyer can assist you in establishing a strong CP case by gathering your child's medical records and analyzing 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 were caused by an error in the medical birthing process, like an extended labor that led to low oxygen levels or a failure to treat fetal distress symptoms like jaundice.
In most cases, a settlement is likely to be reached as part of a cerebral palsy lawsuit. Based on the specific circumstances of your case, you and your child may receive a lump-sum payment or periodic payments to cover expenses related to treatment and schooling, housing, and equipment necessary 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 reduce financial burden by allowing you to focus on your child's care.
Contingency Agreement
In the time of a child's life they could require medical care or adaptive equipment worth millions of dollars. If the negligence of healthcare professionals during labor and delivery is the cause of your child's cerebral palsy, you could be entitled to a significant settlement that will cover future medical expenses and compensate your child for their pain and suffering.
A qualified cerebral palsy lawyer will work closely with your family members to build a strong relationship with your attorney. They will collect evidence like electronic fetal monitor records experts' testimony, and other medical evidence to determine if the injuries were caused by medical negligence. They will then submit a claim, and assume the burden of fighting for you in the court.
In addition to the time you spend on your case, a good CP lawyer will cover the necessary expenses out of pocket to ensure a positive outcome. These expenses include filing fees and court reporting costs, medical records fees, courier fees, and travel expenses. Some firms, like WEIERLAW include these costs in contingency fees, while others do not.
Every case is unique, and no one can predict the outcome of an action. Your lawyer's experience in similar cases will help them assess the strength and validity of your claim. They will explain the nuances of contingency contracts so that you don't have to risk your own money in order to pursue an action.
Statute of limitations
When you discover that your child suffers from cerebral palsy, your initial thoughts will be on finding the appropriate care and treatment options. You could be thinking about arranging more medical appointments or finding additional specialists, and rearranging your work schedule. Contacting a cerebral palsy lawyer might be the last thing on your mind. If you delay too long, the statute of limitations for filing an injury claim in connection to your child's CP may expire.
The time frame for filing a lawsuit in each state is different however, the majority of states allow citizens to bring personal injury lawsuits within a few months. This includes lawsuits for medical malpractice that involve Cerebral Palsy caused by negligence by physicians and other healthcare employees.
You and your Kansas City cerebral Palsy lawyer will need to prove, in order to prevail in the medical malpractice claim against the healthcare professional who is accountable for your child's CP that the doctor failed to meet a reasonable standard. This means that the doctor acted in a way that an equivalently competent, skilled, and reasonable healthcare professional would not have done under similar circumstances.
You can seek damages to cover your child's immediate as well as longer-term financial needs if the child's CP is the result of medical negligence. These expenses could include treatment, assistive devices and housing costs. cerebral palsy attorneys arlington may also include estimated loss of earnings when your child is not able to work due to CP.