20 Myths About Cerebral Palsy Litigation: Busted

Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family will need upwards of $1 million to cover a lifetime’s worth of medical expenses associated with cerebral palsy.

Although every case is unique, most cerebral palsy lawsuits follow the same steps. When you get a free case evaluation, an experienced lawyer can determine if you have a compelling claim.

Statute of Limitations

Cerebral palsy is a serious condition which can have a lasting impact on children and their families. Children with cerebral palsy frequently suffer from a wide range of medical expenses that range from treatment to equipment that is specialized to therapy. In the most severe cases, a child with cerebral palsy might require around-the-clock or even part-time care. Obtaining compensation can help cover these costs.

A cerebral palsy claim can be a lengthy legal process and it is essential to be aware of the laws in your state regarding medical malpractice claims. There are many states with statutes of limitations that place a time limitation on how long you can file a claim after an illegal event has occurred. If you do not file your claim by the deadline and file a claim, it will be dismissed by the court.

Although the laws in each state vary slightly, they all allow citizens to make personal injury lawsuits, including those that relate to medical malpractice. You should contact a cerebral palsy lawyer whenever you suspect that a medical expert or a medical facility has caused your child’s CP.

Kansas for instance, allows two years to expire from the date of the malpractice. Kentucky is one of the states that are more strict when it comes to these kinds of cases. It only gives citizens one year to identify the harm.

Gathering Evidence

Many victims of cerebral palsy require lifelong care which includes occupational and physical therapy. Parents may need to modify their home and acquire special equipment, such as wheelchairs. These costs can be expensive and a lawsuit could help the family receive the compensation needed to cover the medical bills and enhance the quality of life of their child.

A medical malpractice case usually based on whether the doctor’s actions or decisions were not in line with the standard of treatment under the circumstances. Your attorney will look over your child’s medical records since birth as well as the time of pregnancy and early childhood to determine whether CP symptoms could be prevented with better medical care.

Your attorney will also talk to the doctors and other health care professionals regarding your child’s treatment as well as CP symptoms. They will examine the evidence and prepare for trial. This could include the testimony of an expert witness to prove your case and disproving the defense’s arguments.

If medical experts believe that the CP in your child was the result of medical negligence, your lawyer will file a complaint with the local court. You may only have a specific period of time, based on the laws of your state, to file a lawsuit. Your lawyer will explain these rules. If you do not file your claim within the time limit the claim will be dismissed.

Case Filing

If a medical error during pregnancy, childbirth or right after birth causes your child’s cerebral palsy, then you may be eligible to make a claim and seek compensation for the damages. If you are successful in your case, the settlement for cerebral palsy could cover all of the costs for your family as well as regular care and treatment.

An experienced lawyer will evaluate your case and determine whether you have a solid claim against the medical professionals who are responsible for your child’s injuries. Your lawyer will gather all types of documentation to prove your claim. This could include images and medical records of both the mother and child, statements of witnesses to the child’s birth, and other relevant evidence. Once all the evidence needed is gathered and your lawyer has completed the formal process, you will present your lawsuit to the court. You will be the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

If the defendant accepts responsibility and you have a cerebral palsy case, it could be settled in a matter of months. If the defendants refuse to accept liability or if your child’s injuries were serious, you might require a trial. During the trial your lawyer will present all the evidence in your case to a jury or judge who will then issue the verdict that determines the extent of liability and a fair amount of compensation for your child’s injuries.

Trial

Once your attorney gathers all the relevant information, they can begin filing your case. They will send the defendants a demand letter asking them to pay your family and yourself for any the damages resulting from medical negligence. The defendants will have the time to respond, usually around 30 days.

Discovery is the next step of the legal procedure. Both sides will create documents to support their position. Your lawyer will work with experts in medicine and witnesses to gather additional evidence to support your case. After this stage the court will schedule a an initial trial conference to discuss the case.

Settlement agreements are often used to settle medical negligence cases rather than a jury verdict. This is a better option for both parties because it is quicker and less costly. Your lawyer will do all they can to help you reach an appropriate settlement amount. The amount you settle for must consider your child’s expenses over the long term as well as losses.

Many families of children with CP are reassured knowing that their medical personnel was accountable for their actions. This can allow families to rethink themselves and move forward in confidence. It also helps to raise awareness for other families who may be facing the same situation.