The History Of Cerebral Palsy Litigation

Cerebral Palsy Lawsuit Settlements

Settlements in the case of cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. A typical family will require upwards of $1 million to cover the lifetime medical expenses associated with cerebral palsy.

Although every cerebral-palsy case is unique, the majority of cerebral palsy lawsuits look similar. When you get a free case evaluation An experienced lawyer will determine whether you have a legitimate claim.

Statute of limitations

Cerebral palsy is a severe condition that can have a long-lasting impact on children and their families. Children with cerebral palsy often have a significant medical bill which range from treatment to specialized equipment to therapy. In extreme cases, children suffering from cerebral palsy may require around-the-clock 24-hour or part-time treatment. Compensation may help to cover the cost.

It is important to know the laws in your state concerning medical malpractice claims. There are many states that have laws that limit the time for which you can bring a lawsuit following an incident that is illegal. If you don't meet the deadline the court is likely to dismiss your case.

Although the laws of every state differ in their laws, all states allow citizens to file personal injury lawsuits, including those relating to medical malpractice. You should consult an attorney for cerebral palsy immediately if you suspect a medical professional or a facility caused your child's CP.

Kansas, for example permits two years to expire from the date of the error. Kentucky is a more strict state in this kind of case and only permits citizens to identify the harm within one year.

Gathering Evidence

Physical and occupational therapy is frequently required for those suffering from cerebral palsy. Parents may need to remodel their homes and purchase special equipment, such as wheelchairs. These expenses can be very expensive, and a lawsuit can assist the family to receive compensation to pay the medical bills and cerebral palsy lawsuits enhance the quality of life of their child.

A medical malpractice lawsuit is typically based on whether a doctor's actions or decisions were not in line with the standard of care under the circumstances. Your attorney will look over your child's birth, pregnancy, and early infant records as well as other evidence to determine whether the CP symptoms could have been avoided with more effective medical treatment.

Your attorney will also talk with the doctors and other health experts about your child's treatment as well as CP symptoms. They will review the evidence and prepare for trial. This could include obtaining expert testimony to support of your assertions and contesting defense arguments.

If medical experts are of the opinion that your child's CP was the result of medical negligence, your lawyer will file a civil complaint with the local court. Depending on your state's laws you may be given the time to submit a claim. Your lawyer will explain these rules. If you do not file your claim within the timeframe of the statute of limitations the claim will be rejected.

Case Filing

If a medical error during childbirth, pregnancy or shortly after birth results in your child's cerebral palsy, then you may be eligible to bring a lawsuit and seek compensation for damages. If you're successful with your claim, the settlement for cerebral palsy may pay for all of your family's costs which includes continuing care and treatment.

An experienced attorney will review your case to determine whether you have a strong legal claim against the medical professionals accountable for the injuries your child sustained. Your lawyer will then collect every kind of evidence to support your claim. These could include scans of your child's brain and medical records from both the mother and the child, testimony from those who witnessed your child's birthing process, and other relevant evidence. Your lawyer will file your lawsuit once the initial evidence is collected. You will be named the plaintiff, and the doctor and hospital who caused the injuries suffered by your child will become the defendant.

Your cerebral palsy case may be resolved in a couple of months in the event that the defendant accepts liability. If the defendants deny liability or if the injuries suffered by your child were severe, you could have to go to trial. During the trial your lawyer will argue all evidence before a judge or jury who will issue a verdict determining the liability of the defendant and a fair amount of compensation for your child's losses.

Trial

When your attorney has all the necessary information they will be able to begin filing your case. They will send the defendants a demand notice asking them to compensate your family and yourself for any damages related to medical negligence. The defendants have a limited time to respond. Usually, cerebral palsy lawsuits this is around 30 days.

Discovery is the next phase of the legal procedure. Both sides will draft documents to support their position. Your lawyer will work with medical experts and witness to gather additional evidence for your case. After this phase the court will schedule a pre-trial conference to discuss the case.

A large number of cases of medical negligence are resolved through settlement agreements rather than a trial verdict. This is a better option for both parties since it's faster and less expensive. Your lawyer will do all they can to help you arrive at the most reasonable settlement amount. This amount should be based on the future expenses of your child as well as losses.

Many families with children suffering from CP can feel at ease knowing that their medical team was accountable for their actions. This can help families reimagine their lives and move forward with confidence. It may also help in raising awareness of families that are experiencing similar circumstances.