How to File a Cerebral Palsy Lawsuit

If your child is suffering from cerebral palsy, you might be legally able to bring a lawsuit against the hospital or doctor which caused it. While every case is unique, most follow a similar set of steps. An experienced cerebral-palsy lawyer can handle every aspect of the process.

Your claim is valid if medical professionals prove that the malpractice of a doctor, or other medical professional, directly caused the brain injury in your child. Damage awards can be substantial.

Damages

Cerebral Palsy can be extremely devastating for families, especially since it requires medical treatment and care that can last for a lifetime. The emotional toll CP can inflict on parents can leave them burned out and financially strained.

A cerebral palsy lawsuit can compensate families for both economic and non-economic losses resulting from the child's injuries. Economic damages include medical expenses and future care costs and lost earnings due to the child's limitations. Non-economic damages include pain and suffering as well as disfigurement, mental distress, and loss of enjoyment of life.

The amount of money that is awarded for a cerebral palsy case is contingent on the amount of damage that occurred in the case. However, the typical cerebral Palsy settlement is about $5 million. These figures are based on the experience of our birth injury lawyers in handling these cases as well as the outcomes of settlements and jury verdicts across the nation.

When you file a cerebral palsy lawsuit, your attorney will gather all forms of written evidence to prove that your child's medical injuries were caused by the doctor and hospital involved in the birth of your child. They will also prepare an expert-created Life Care Plan that estimates the future needs of your child.

A lawyer who is registered with a nurse will be able to listen to your story and determine if your child's injuries result from medical negligence during the delivery. They'll then take on the tedious work of collecting evidence and contacting witnesses. Typically the medical experts involved will settle out of of court, but if they don't, the case may go to trial.

Time limit

If you do not meet the deadline to file a lawsuit, the court decides to dismiss your case. It is recommended that you consult a birth injury attorney as soon as you can to learn about your rights and the deadlines applicable to your case. The statute of limitation in medical malpractice cases usually is two years. If you're representing a minor victim of medical negligence, the statute of limitations could be extended until their 20th birthday.

The legal team you select will also need time to go through your child's claim and gather witnesses' testimony and documentation. This is a crucial element in your child's medical negligence case because it determines the amount of compensation that you receive.

You should consult an attorney who has expertise in cerebral paralysis cases. This will ensure they are aware of the complexities that arise in this kind of lawsuit. They will be able to make a convincing case that maximizes your child's chances for financial recovery.

It is also recommended to find an attorney who is on contingency. This means they won't be paid until you succeed in your case. This reduces the stress of having pay for a lawyer's services and can help foster trust between you and your legal team. It also ensures your attorney will not take your claim if he/she believes does not believe you have a good shot at winning.

Find a lawyer

Families with children injured by negligence from a medical professional typically file lawsuits for cerebral palsy. If you suspect that your child's cerebral palsy caused by a mistake made by the doctor, consult a lawyer right away. The statute of limitations is a state law that determines the time you are able to pursue legal action.

You should choose a lawyer who specializes in medical malpractice cases. They have the resources and experience to defend the hospital and doctors in your case. In addition, they will be able to review the medical records of your family, review the medical procedures that were used during labor and delivery, and determine whether the injuries could have been avoided in the event that those responsible for the birth of your child were more vigilant.

Most cerebral palsy cases are resolved out of court and a skilled lawyer can negotiate a settlement that is fair to your family. You should be aware of the caps on compensation, however, which may restrict the amount you receive.

A person suffering from CP is likely to require ongoing medical treatment and care. It can be costly so it's essential to seek legal advice as soon a possible. A CP lawsuit will assist you in recovering the costs associated with caring for your child and will also provide a sense of justice.

Filing a lawsuit

Cerebral Palsy is an incredibly debilitating condition that affects every aspect of a child's life. The condition can cause cognitive and Cerebral palsy Lawsuit physical disabilities that require continual medical treatment and therapy. A successful legal case could help to help a child who has cerebral palsy lead a full and enjoyable life.

Parents who file lawsuits for cerebral palsy often seek compensation for medical errors made during pregnancy or birth by doctors or other health care providers. Medical malpractice is the term used to describe this. A cerebral palsy attorney can review your case to determine whether you have a valid claim.

A lawyer can assist you make a claim against the medical professional or team that caused your child's injury. He or she may consult medical experts to prove that a error of the doctor that caused the injury suffered by your child. These expert witnesses will provide detailed evidence about the injury, its long-term effects and the cost associated with the child's ongoing care.

Most cerebral palsy lawsuits are settled much more than going to trial which can be costly and time-consuming. A lawyer can help you in deciding what settlement is the best option for your specific situation. A lawsuit can help you increase awareness of this prevalent form of medical negligence. This can help prevent similar mistakes from happening in the future.