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How to Make a Cerebral Palsy Legal Claim To receive compensation for cerebral palsy you will need to take several steps. The goal is to secure damages in money for your child's suffering and the cost your family has endured since their CP diagnosis. cerebral palsy lawyer ann arbor involves the evidence of medical negligence or malpractice caused your child's CP. In a no-cost consultation with your lawyer, the lawyer will go over the specifics of your case and then begin gathering evidence. Legal Questions Cerebral palsy triggers a broad range of cognitive and physical issues that can result in lifelong medical needs. It can also lead to rising medical costs, which could strain a family's budget. Fortunately, if your child's cerebral palsy caused by a medical error that was preventable or omissions, you could be eligible for compensation. A lawyer with experience in cerebral palsy cases is capable of determining whether your child's condition is due to negligence in the medical field and if it is possible to file a suit. The lawyer will go over the medical records of your child as well as birth information, and collect any additional evidence such as imaging scans and the testimony of family members or medical professionals. After your lawyer has gathered enough evidence, he will send a demand letter to the defendants, asking them to compensate both you and your child. If the defendants don't agree to a settlement, they may be subjected to a trial where they may be found guilty of misconduct. Many lawyers recommend settlement outside of court to cut down on time and eliminate the emotional stress of an upcoming trial. Settlements can also allow your family to pay for treatment sooner. Your lawyer will ensure the best outcome when a trial is necessary. This could include a settlement for your child's present and future loss of income, pain and suffering and any other damages. Statute of Limitations Cerebral palsy may cause permanent and life-changing disabilities. It can affect movement and co-ordination, as well secondary problems like musculoskeletal issues that are secondary hearing and speech issues vision, learning and behaviour. It can also have an impact on daily living expenses medical costs, as well as specialist equipment. A claim for compensation could assist with the cost of the initial and ongoing rehabilitation, care, and support. A substantial amount of compensation can make a significant difference in the quality of life of the family and their future plans. However, it won't solve the problems or change what happened to your child, which is why it is essential to seek legal advice as soon as you can. Each state has a statute which limits the length of time you can bring a lawsuit following an event. The limitations are different but it's always best to consult a lawyer early on so that your case doesn't become lost in the process. When submitting a malpractice lawsuit when you file a malpractice claim, your Kansas City cerebral palsy attorney will need to prove that the actions of your healthcare provider did not conform to what is considered normal or reasonable in their profession. To decide what to do, the attorney will take a look at what other healthcare professionals with similar training and experience would have done in the same circumstances. This is referred to as the standard of care. The process of preparing for a lawsuit The life-altering consequences that the diagnosis of cerebral palsy may affect your child's life are often overwhelming. This is especially true when families are trying to cope with the high costs of treatment. Fortunately, it's possible to claim compensation in the event that your child's CP was caused by medical negligence during pregnancy or birth. A cerebral palsy lawyer will review the medical history of your child to determine what steps a healthcare professional should have taken to prevent an injury. Our attorney will prepare the necessary paperwork needed to file an action in the event that it is discovered that a mistake or error made by a healthcare professional caused your child's CP. We will also employ medical experts to look over your child's case. After a lawsuit has been filed and the defendants have a specified time to respond to your complaint. During this period each side will gather more information by exchanging formal requests for documents and evidence, also known as depositions or interrogatories. Our legal team is aware that it is difficult to focus on your child's health and wellbeing when you're struggling to pay the mounting costs of care. This is why we operate on an hourly basis, meaning that you only pay our firm for legal fees if and when we win any financial award for you. Filing an action Cerebral palsy is a non-progressive condition that affects coordination, movement, balance and posture. Treatment for CP may include medication, surgery or assistive technologies as well as other therapies. These expenses can add quickly, causing huge financial strain for families. A cerebral palsy lawyer can assist families to receive compensation that can transform their lives by covering medical costs. Compensation from a legal lawsuit can also allow a family to afford to live in a secure home and provide a stable, happy environment for their child. Your lawyer will gather evidence to help you in the filing process. They may include imaging scans of your child and medical records from the mother's pregnancy as well as delivery and testimony from witnesses who can testify about the birthing process. Your lawyer can also engage an expert in medicine to look over the facts in your case. After this review is completed, your lawyer will file a lawsuit against the healthcare providers who are responsible for the birth injury your child sustained. This usually takes place at a local courthouse. Some cases are resolved in the form of a settlement agreement, without going to trial. This is often preferable to the emotional trauma of reliving the traumatic birthing experience and hearing testimony from witnesses in court. Settlements also enable a family to get the money they need more quickly.