Cerebral Palsy Litigation: The Good, The Bad, And The Ugly

Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. The average family has to pay more than $1,000,000 to cover medical expenses related to cerebral palsy throughout an entire lifetime.

While every case is unique the majority of cerebral palsy lawsuits follow the same steps. When you get a free case evaluation An experienced lawyer can determine whether you have a valid claim.

Statute of limitations

Cerebral palsy is a serious condition that can have a lasting impact on children and their families. Children who have cerebral palsy typically have extensive medical expenses that range from treatment to specialized equipment to therapy. In the most severe cases, children with cerebral palsy might require around-the-clock or part-time treatment. Compensation can help pay for the expenses.

A cerebral palsy suit can be a complicated legal process It is essential to know the laws of your state regarding medical malpractice claims. Many states have laws that restrict the time in which you are able to make a claim following an unlawful event. If you miss this deadline the court may dismiss your claim.

Although every state's laws differ slightly, the majority of states allow citizens to have a few years to make personal injury claims for personal injury, including those involving medical malpractice. It is recommended to contact a cerebral palsy lawyer when you suspect a medical professional or facility has caused your child's CP.

For instance for instance, the Kansas statute of limitations in cases of birth injuries allows two years from the time the error occurred. Kentucky is a more strict state when it comes to this kind of case and only allows citizens to discover the injury within a year.

Gathering Evidence

Many people with cerebral palsy require lifelong care that includes occupational and physical therapy. Parents might have modify their homes or purchase special equipment, such as wheelchairs. These medical expenses could be quite costly. A lawsuit can help the family get compensation to pay these bills and make a difference in the life of the child.

A medical malpractice case is usually the result of determining if a doctor's actions or choices fell below the standard of care under the circumstances. Your lawyer will review your child's birth, pregnancy and early infancy documents and other evidence to determine if the CP symptoms could have been avoided with better medical treatment.

Your lawyer will also speak with the doctors and other health professionals about your child's treatment as well as CP symptoms. They will go through the evidence and prepare for trial. This could include gathering testimony from experts to support your assertions and disproving the defense's arguments.

If medical experts believe that the CP in your child was the result of medical malpractice the lawyer will file an action in your local court. You could be granted a limited amount of time, based on the laws of your state, to bring a lawsuit. Your attorney will explain these rules. Your claim is dismissed if you do not file your claim within the deadline.

Case Filing

If a medical error during childbirth, pregnancy, or in the initial few weeks after birth led to your child to develop cerebral palsy, you could be able to file a suit and seek compensation for the damages. A successful claim for a cerebral-palsy settlement could be able to cover the costs of your family that include the ongoing costs of treatment and care.

A knowledgeable attorney will evaluate your case to determine if you have a strong legal claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then gather all evidence to support your claim. These could include scans of your child's brain and medical records of both the mother and child, testimony from people who witnessed your child's birthing process, and other evidence. Your attorney will file your lawsuit once the evidence has been 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 settled within a few months in the event that the defendant accepts liability. However, if the defendants dispute liability, or the injuries sustained by your child are serious and severe, you may need to go through trial. During the trial the lawyer will present all of the evidence before a judge or jury who will make the verdict that determines the liability of the defendant and a fair amount of compensation for the losses of your child.

Trial

Once your lawyer has all the information they need 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 injuries resulting from medical negligence. The defendants are given a certain time to respond. In most cases, this is around 30 days.

The next step of the legal process is discovery. It is where both sides create documents and evidence to prove their side of the story. Your lawyer will work with medical experts and witnesses to gather additional evidence for your case. After this stage the court will set a an initial trial conference to discuss the case.

A large number of cases of medical negligence are resolved through settlement agreements rather than a trial verdict. It is faster and less expensive for both parties. Your lawyer will do everything possible to help you arrive at a fair settlement amount. The amount you settle for must be adjusted to account for the future expenses of your child as well as losses.

Many families of children with CP feel secure knowing that their medical personnel was held accountable for their actions. This can allow families to rethink themselves and move forward with confidence. It may also help in raising awareness of families that are experiencing similar situations.