waco cerebral palsy law firm Palsy Litigation

Cerebral Palsy litigation may aid families in receiving compensation for medical expenses, home renovations and assistive devices. The lawsuit also makes medical professionals accountable for their mistakes.

The lawsuit is usually settled with either a settlement or a trial verdict. Your lawyer will gather documentation from witnesses and medical experts to prove your case.

Case Evaluation

Cerebral Palsy can lead to permanent mental and physical impairments. It also results in significant medical expenses that can be as high as tens of thousands of dollars over time. This can result in financial strain for families, particularly those who have multiple children with CP. If your child's CP is the result of the negligence of a healthcare provider you could be entitled to compensation.

In your free review of your case, your lawyer will look over your child's medical records as well as other evidence to determine if there have been acts of medical malpractice. This could be evidenced by imaging scans and medical records from the hospital and doctor, as well as testimonies of witnesses. Once your lawyer has enough evidence to back up your case, they'll start a lawsuit against the doctor or hospital accountable for the injuries your child sustained.

Then, they'll start collecting evidence to support your claim. This could include additional medical documents, as well as testimony from doctors and loved ones who were present at the birth.

Your lawyer will also draft a life-care planning to estimate the life-time expenses for your child, such as special education and medical treatments expenses, housing, etc. This information is used to calculate the amount of settlement. If the parties are able to agree on a settlement amount the amount must be ratified by the judge. This will ensure your family receives fair payment for the care given to your child.

Case Value

The total value of the case is a major factor in any cerebral palsy lawsuit. This includes both past and expected medical expenses, well as a child's pain and suffering. An attorney can provide you with an idea of the value of your case after discussing the matter with you and analyzing the particulars of your family's situation.

A lawyer with experience in cerebral palsy can help you build solid CP case by obtaining the medical records of your child, evaluating them, and determining if the doctor acted in breach of his duty of care and led to your child's injuries. The lawyer can also assist you to determine if the child's injuries were the result of an error in medical care during the birthing process, for example prolonged labor that led to a drop in oxygen levels or the failure to treat fetal distress signs such as jaundice.

In the majority of instances, a settlement is reached through a cerebral-palsy litigation. Depending on the situation, your child and you could receive a lump sum payment or periodic payments to pay for the costs of treatments, housing and schooling for your child, as well as equipment to improve their quality of life. Although a settlement isn't able to repair the damage that a medical mistake caused, it can help alleviate financial strain by allowing you to concentrate on your child's care.

Contingency Agreement

Children with cerebral palsy usually require millions of dollars of medical care and adaptive equipment throughout the duration of their lives. If the negligence of healthcare providers during labor and birth is the cause of your child's cerebral palsy, you may be entitled to a significant settlement that will help offset future medical expenses and lawyers pay your child for their pain and suffering.

A certified cerebral palsy lawyer will work closely with your family to build a strong attorney-client relationship. They will collect evidence, such as electronic fetal monitor records, expert testimony, and other medical evidence to determine if the injuries caused due to medical malpractice. They will then file a claim and take on the burden of representing you in the court.

In addition to the time that is spent on your case, a reputable CP lawyer will advance the necessary expenses out of pocket to ensure a positive outcome. These costs include filing fees, court reporting fees, and medical records fees. They also include courier fees and travel expenses. Some firms, like WEIERLAW include these costs in their contingency costs, whereas others do not.

There are no two cases that are identical, and no one can predict whether a lawsuit will succeed. Your lawyer's experience in similar cases will allow them to assess the strength and viability your claim. They will also explain how contingency plans work so that you don't have to risk any of your own funds to pursue a claim.

Statute of Limitations

Your first thought might be to determine the best treatment and care for your child. Making more appointments with a doctor or locating other specialists, as well as changing your work schedule might be top on your list. You may not have thought of contacting lawyers for cerebral palsy. However, if you wait too long, the time of limitations for filing an injury claim relating to your child's CP may expire.

The time frame for filing a lawsuit in each state varies and the majority of states allow citizens to make personal injury claims within a couple of months. This includes medical malpractice lawsuits which involve Cerebral Palsy that is caused through the negligence of doctors and other health professionals.

You and your Kansas City cerebral Palsy lawyer must prove for the purpose of settling an action for medical negligence against the healthcare professional who is responsible for your child's CP that the doctor failed to meet the reasonable standards. This means that the doctor did something that an equivalently competent, skilled, and reasonable healthcare professional would not have done in similar circumstances.

You can claim damages to cover your child's immediate as well as long-term financial requirements if your child's CP is caused by medical negligence. This could include medical treatment, assistive devices and housing costs. These damages could also include the projected loss of future earnings should your child be unable to work due to their CP.