20 Inspiring Quotes About Cerebral Palsy Litigation

Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. A typical family will require more than $1 million to cover a lifetime of medical expenses relating to cerebral palsy.

While every case is unique, most cerebral palsy lawsuits have similar steps. A lawyer can evaluate your claim during a complimentary consultation.

Statute of Limitations

Cerebral palsy can have an effect on children for years, as well as their families. Children with cerebral palsy frequently face a large medical bill that range from treatment to specialized equipment to therapy. In extreme cases, children with cerebral palsy may need around-the all-hours or part-time assistance. Compensation may help to cover the expenses.

It is important to understand the laws in your state concerning medical malpractice claims. Many states have statutes that restrict the time that you can make a claim following an unconstitutional event. If you don't meet this deadline, the court will likely dismiss your claim.

Although the laws in each state may differ slightly but they all allow citizens to bring personal injury lawsuits, for example, those involving medical malpractice. You should contact a lawyer who specializes in cerebral palsy when you suspect a medical professional or facility has caused your child's CP.

For example, the Kansas statute of limitations in the case of a birth injury allows two years from the time the error occurred. Kentucky is one of the stricter states in these kinds of cases and only gives its citizens one year to determine the damage.

Gathering Evidence

Physical and occupational therapy is frequently required for victims of cerebral palsy. Parents might have to remodel their homes and purchase special equipment, like wheelchairs. These expenses are often very expensive, and a lawsuit can aid the family in obtaining the compensation needed to cover the medical bills and enhance the quality of life for their child.

A medical malpractice claim is typically the result of determining if a doctor's actions or decisions fell below the standard of care under the circumstances. Your attorney will review your child's medical records since birth through early childhood, pregnancy, and the beginning of their lives to determine whether CP symptoms could have been prevented by more effective medical care.

Your lawyer will also speak to doctors and other health professionals regarding your child's treatment as well as CP symptoms. They will go through the evidence and prepare for trial. This could include obtaining expert testimony in support of your assertions and debunking defense arguments.

If medical experts agree that the CP in your child was the result of medical malpractice and your lawyer files an action with your local court. You could be granted a limited amount of time, contingent on the laws of your state to start a lawsuit. Your lawyer will explain to you these rules. If you don't file within the timeframe set by the statute of limitations your claim will be thrown out.

Case Filing

If a medical mishap during childbirth, pregnancy, or in the first few weeks after birth led to your child to develop cerebral palsy, you may be able to file a suit and seek compensation for damages. If you are successful in your claim, the settlement for cerebral palsy could cover all of the costs for your family which includes regular care and treatment.

An experienced lawyer will review your case to determine if you have a solid legal claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then gather all documentation to support your claim. This could include images and medical records of both the mother and child, accounts of witnesses to the birth of your child and other relevant evidence. Your lawyer will file your lawsuit once the evidence has been collected. You will be the plaintiff, while the hospital and doctor that caused your child's injuries will become the defendant.

The cerebral palsy situation could be resolved within a few months in the event that the defendant accepts liability. If, however, the defendants dispute 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 determine the liability and the amount of compensation your child is entitled to be awarded.

Trial

Once your attorney has all the information they require they can begin filing your case. They will send the defendants a demand notice asking them to compensate you family and yourself for any damages related to medical negligence. The defendants will have the time to respond, normally around 30 days.

The next stage of the legal process is discovery. It is where both sides create documents and evidence to support their side of the story. Your attorney will collaborate with medical experts and witnesses to gather evidence for your case. After this stage, Cerebral palsy lawsuits a court will schedule pre-trial conferences to discuss the case.

Settlement agreements are commonly used to settle medical malpractice cases, instead of a jury verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will work diligently to help you reach an acceptable settlement amount. The amount you settle must take into consideration your child's future expenses and losses.

Many families of children suffering from CP are reassured by the fact that their medical staff has been held accountable for their actions. This can help them envision their lives and move forward with confidence. It also helps to raise awareness for other families who might be in similar circumstances.