25 Shocking Facts About Cerebral Palsy Litigation

Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family will need more than $1 million to cover the lifetime medical expenses related to cerebral palsy.

Although every case is unique However, the majority of cerebral palsy lawsuits follow the same steps. A lawyer can assess your claim during a free consultation.

Statute of limitations

Cerebral palsy can have a long-lasting impact on children and their families. Children suffering from cerebral palsy incur a lot of medical costs. This could range from therapy to special equipment. In extreme cases, children with cerebral palsy might require round-the-clock 24-hour or part-time treatment. In some cases, compensation may help to cover these expenses.

It is essential to know the laws in your state regarding medical malpractice claims. Many states have statutes that restrict the time in which you are able to bring a claim following an unlawful event. If you do not file your claim by the deadline and file a claim, it will be dismissed by the court.

While every state's laws differ slightly, the majority of states allow citizens to have a few years to make personal injury claims that include medical negligence. You should consult a lawyer who specializes in cerebral palsy as soon as you suspect that a medical professional or a facility caused your child's CP.

Kansas, for example allows two years to expire from the date of the malpractice. Kentucky is a more strict state when it comes to this kind of situation and only permits citizens to identify the injury within a year.

Gathering Evidence

Many victims of cerebral palsy need lifelong care which includes occupational and physical therapy. Parents may need to remodel their homes and purchase special equipment, such as wheelchairs. These medical expenses can be costly. A lawsuit could aid the family to receive the money needed to pay these costs and improve the child's life.

A medical malpractice claim is usually determined by whether a doctor's actions or choices fell below the standard of care in the circumstances. Your attorney will examine the child's medical records from birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could have been prevented by better medical treatment.

Your attorney will also talk to doctors and other health experts about your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This could include obtaining expert testimony from witnesses in support of your arguments and debunking defense arguments.

If the medical experts are of the opinion that your child's CP was the result of negligence on the part of a doctor the lawyer will file a civil lawsuit with your local court. According to the laws of your state, you may have the time to make a claim. Your attorney will explain to you these rules. Your claim is dismissed if you do not file within the specified time.

Case Filing

If a medical mistake during pregnancy, childbirth, or in the first few weeks following birth caused your child to develop cerebral palsy you could be able to bring a lawsuit and seek compensation for the damages. A successful claim for a cerebral palsy settlement can help your family pay for expenses which include ongoing treatment and care costs.

A knowledgeable attorney will evaluate your case to determine if you have a valid legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then gather all kinds of evidence to support your claim. These could include scans of your child's brain as well as medical records from the mother and child, testimony of witnesses to the child's birth, and other evidence. Once all the evidence needed is gathered and your lawyer has completed the formal process, you will submit your lawsuit to the court. You will be the plaintiff, and the hospital and doctor who caused the injuries to your child will be the defendant.

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

Trial

Once your lawyer has all of the necessary information after which they will begin making the case. They will send the defendants a demand letter asking them to pay your family and you for damages caused by medical negligence. The defendants have a specific time to respond. In most cases, this is approximately 30 days.

The next stage of the legal process is discovery. This is the time when both sides prepare documents and evidence to prove their side of the truth. Your attorney will work closely with experts in medicine and witnesses to gather additional evidence to support your case. After this phase the court will arrange a an initial trial conference to discuss the case.

Settlement agreements are often used to settle medical malpractice cases, rather than a jury verdict. This is a better option for both parties since it is cheaper and quicker. Your lawyer will be diligent to assist you in determining an appropriate settlement amount. The amount you settle for must include the long-term costs of your child as well as losses.

Many families of children suffering from CP are encouraged by the fact that their medical staff is accountable for their actions. This can help families reimagine themselves and move forward with confidence. It can also increase awareness for other families that might be in similar situations.