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How to File a Cerebral Palsy Lawsuit If your child has cerebral palsy you may be able to file a lawsuit against the hospital or doctor who caused it Every case is different but most follow the same procedure An experienced cerebralpalsy lawyer can take care of every aspect of the procedure Your claim is valid if medical experts can prove that the negligence of a doctor or other medical professional directly triggered the brain injury in your child Damage awards can be significant Damages Cerebral palsy is a devastating condition for families particularly because it often requires lifetime medical treatment and Additionally the emotional toll CP causes parents can cause them to burn out and make them struggle financially In the case of cerebral palsy families may be compensated for both the economic and other damages Economic damages can include medical costs as well as future costs for care and lost wages due to of the childs limitations Noneconomic damages include pain and suffering and disfigurement mental anxiety and loss of enjoyment of life The amount of money awarded in a cerebral palsy case is contingent on the individual cases damages but generally speaking the average settlement for cerebral palsy in the country is about 5 million These figures are based on our birth injury lawyers years of experience handling these cases and the outcomes of settlements and verdicts throughout the nation When you start a cerebral palsy lawsuit your attorney will collect all kinds of documentation to demonstrate that your childs medical injuries were caused by the hospital and doctor involved in your childs birth They will also prepare an expertdesigned Life Care Plan that estimates your childs future needs A lawyer with registered nurses will be able listen to your story to determine if your childs injuries are due to medical negligence during delivery They will then complete the tedious work of collecting evidence and getting witnesses to speak with them Most medical professionals will settle out of court If they do not the case could be brought to trial Time limit If you fail to meet the deadline for filing a lawsuit the court may dismiss your case It is recommended that you consult an attorney who handles birth injuries as soon as possible to know about your rights as well as the deadlines applicable to your case The time limit for medical malpractice cases is usually two years If you are representing a minor victim of medical negligence then the statute of limitations can be extended until their 20th birthday The legal team you choose will also need time to examine your childs case and collect documents and witness testimony This is among the most important aspects of the medical malpractice lawsuit filed by your child since it determines the you will receive It is recommended to hire an attorney that specializes in cerebral palsy cases This will ensure that they are familiar with the complex issues that arise in this kind of lawsuit Theyll be able build a strong case that maximizes your childs potential for financial recovery It is also recommended to find an attorney that works on contingency This means that they dont get paid until they win your case This helps to reduce the stress of having to pay for a lawyers services and can help foster trust between you and your legal team Furthermore it guarantees that your lawyer will not accept your claim if they dont believe that you have a high chance of winning Find an attorney Families who have children injured as a result of negligence at the medical level often make claims for cerebral palsy If your child suffers from cerebral palsy and you believe it was caused by a mistake made by a doctor you should contact an attorney promptly State laws known as statutes or limitations define the time you are required to pursue legal action in these cases Find a lawyer who specializes in medical malpractice They have the expertise and resources to fight the hospital and physicians involved in your case They will also be able review the medical records of your family members examine the medical procedures that were used during the birth and determine if the injuries could have been avoided if those responsible for the birth had been more vigilant The majority of cerebral palsy cases are resolved outside of court by a knowledgeable attorney who can negotiate a fair settlement for your family There are certain limits on compensation that may limit what you can get A person with CP is likely to require ongoing medical treatment and care It can be expensive so its essential to get legal advice as soon as you can A CP lawsuit will help you recover the expenses of caring for your child as well as provide a sense of justice Filing a lawsuit Cerebral palsy can be a devastating condition that can impact every aspect of a childs existence The condition can lead to cognitive and physical disabilities that require continual treatment as well as therapy and other medical care A successful legal action can provide the funds needed to help a child with cerebral palsy lead a full and fulfilling life cerebral palsy attorney manchester who file lawsuits for cerebral palsy often seek compensation for medical errors made during pregnancy or at birth by doctors or other health care providers This is known as medical malpractice A cerebral palsy lawyer may review your case to determine whether you have an appropriate claim A lawyer can assist you in bringing a lawsuit against a doctor or medical team responsible for the harm to your child He or she will consult with medical experts to establish that the mistake of the doctor led to the injuries to your child Expert witnesses will give specific evidence regarding the injury the longterm consequences of the injury and the costs that are associated with the childs ongoing treatment Most cerebral palsy malpractice lawsuits resolve through settlements rather than a trial which is costly and timeconsuming A lawyer can help you in deciding what settlement is the best option for your specific situation A lawsuit can help make people aware of this frequent type of medical malpractice This will help prevent similar mistakes from happening in the future
