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

Cerebral Palsy Lawsuit Settlements

Settlements from cerebral palsy lawsuits could help families pay for the treatment and care of their child. The average family will need upwards of $1,000,000 to cover the medical expenses related to cerebral palsy throughout an entire lifetime.

While every cerebral palsy lawsuit is different however, the majority palsy lawsuits are similar. When you get a free case evaluation An experienced lawyer can determine if you have a strong claim.

Statute of Limitations

Cerebral palsy is a severe condition that can leave a lasting impact on children and their families. Children who have cerebral palsy face many medical expenses. This can include everything from therapy to specialized equipment. In extreme cases, a child suffering from cerebral palsy could require round-the-clock or part-time treatment. Obtaining compensation can help cover these expenses.

It is essential to know the laws in your state regarding medical malpractice claims. A lot of states have statutes that limit the time for which you can bring a claim following an illegal event. If you miss the deadline your case will be dismissed by the court.

While each state's laws vary in a small way, most states allow citizens to have a few years to claim personal injury compensation that include medical malpractice. You should consult a cerebral palsy lawyer immediately if you suspect that a medical professional or a facility has caused your child's CP.

Kansas, for example allows two years to be passed from the date of the error. Kentucky is a more strict state when it comes to this type of case and allows citizens to be aware of the damage within a year.

Gathering Evidence

Physical and occupational therapy is typically required for victims of cerebral palsy. Parents may have to change their home and acquire special equipment like wheelchairs. These medical expenses can be costly. A lawsuit may assist the family with compensation to pay these bills and improve the quality of life of the child.

A medical malpractice claim is typically based on whether the doctor's actions and choices fell below the standard care in the circumstances. Your attorney will review your child's records from birth to early childhood, pregnancy and even birth to determine if CP symptoms could have been prevented with better medical treatment.

Your attorney will also speak with your child's doctor and other health care providers regarding your child's treatment and also the CP symptoms. They will examine all evidence and prepare for trial. This could include obtaining expert testimony to support of your arguments and contesting defense arguments.

If the medical experts are of the opinion that your child's CP was caused by negligence in the medical field Your lawyer will file an administrative complaint in the local court. Depending on your state's laws and regulations, you may have only a short time to make an action. Your attorney will explain these rules to you. If you do not file your claim within the statute of limitations, your claim will be dismissed.

Case Filing

If a medical error during pregnancy, childbirth, or in the first few weeks following birth caused your child to develop cerebral paralysis, you may be eligible to make a claim and seek compensation for damages. A successful claim for a cerebral palsy settlement can pay for your family's expenses which include ongoing care and treatment costs.

An experienced attorney will review your case and determine whether you have a solid claim against the medical professionals who are accountable for your child's injuries. Your lawyer will gather all kinds of evidence to prove your claim. This can include medical records for both the mother and child, witness accounts of the birthing process of your child, as well as other evidence. Your lawyer will file your lawsuit once the evidence has been collected. You will be the plaintiff, and the hospital or doctor who caused your child's injury will be the defendant.

Your cerebral palsy case may be resolved within a few months when the defendant accepts responsibility. If, however, the defendants dispute liability, or the injuries sustained by your child are serious and severe, you may need to go through trial. In the course of trial your lawyer will present evidence to a judge or jury who will decide on liability and the amount of compensation your child must receive.

Trial

After your lawyer has gathered all the required information, they can begin making the case. They will send a demand letter to the defendants asking them for compensation for your family and you for the losses resulting from the medical negligence. The defendants are given a short time to respond. Usually, this is about 30 days.

The next step of the legal process is discovery. It is when both sides will create documents and evidence to prove their side of the truth. Your attorney will work with medical experts and witnesses to gather evidence to support your case. After this phase the court will schedule a pre-trial conference to discuss the case.

Many instances of medical malpractice are settled through settlement agreements instead of a trial verdict.  cerebral palsy law firm grand prairie  is a better option for both parties since it is quicker and less costly. Your lawyer will do their best to help you come up with a fair settlement figure. The amount you settle for must consider your child's long-term expenses and losses.

Many families of children who have CP are encouraged by the fact that their medical staff is accountable for their actions. This can allow families to rethink themselves and move forward with confidence. It may also help in raising awareness of other families who are in similar situations.