Kansas Cerebral Palsy Lawsuit Filing Process

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The Kansas cerebral palsy lawsuit filing process, whether for medical malpractice or disability rights discrimination, can be complicated. However, if you understand the basic steps and the requirements, it becomes less daunting. A Kansas cerebral palsy lawyer can assist you through the process and help you fight for justice.

Do I Need a Kansas Lawyer for a Cerebral Palsy Lawsuit?

It’s highly recommended that you obtain an experienced lawyer to help you through this process. Without the right lawyer, you run a serious risk of making mistakes that disqualify your case. You also risk losing your case, even if you make it through all the steps correctly.

Before getting started with filing the lawsuit, find a cerebral palsy lawyer specializing in these kinds of cases.

Work with a lawyer or law firm that has handled cases like yours before, has worked with similar clients, and has the experience and knowledge necessary to get you the best outcome.

Don’t settle for a general lawyer or someone who has never worked on this kind of lawsuit.

What Kind of Lawsuit Can I File for Cerebral Palsy in Kansas?

If you have a child born with or diagnosed with cerebral palsy, you may be in a position to need to take legal action.

You might need to do this to hold those medical professionals accountable. They caused your child’s disability, or to fight back against discrimination and denial of rights and services because of limitations.

Medical Malpractice Lawsuits

A medical malpractice lawsuit is an action you take against a doctor or other type of medical professional, even a hospital, if necessary.

Medical malpractice occurs when one or more health care professionals fail to provide a patient with the appropriate and adequate standard of care, resulting in significant harm.

In the case of a child with cerebral palsy, you may be able to prove that a mistake caused or contributed to permanent disabilities.

For example, if your doctor delayed a C-section or made an error with Pitocin dosing, you could have a case for malpractice. You must show that they breached the standard duty of care in making a mistake.

Discrimination Complaints

Kansas does not always allow private legal action, that is, filing a lawsuit over discrimination. It depends on the situation; your lawyer can help you make that distinction.

The more likely way you will take legal action is to file a complaint with the state agency that handles such claims or with a federal agency, depending on the situation.

The Process of Filing a Medical Malpractice Lawsuit in Kansas

Every state has its own set of laws governing medical malpractice lawsuits. These laws determine the steps you need to take to get through the process, the burden of proof, how much you can recover in damages, and other vital factors.

With a better understanding of the steps and the process, you can feel better going ahead with filing a lawsuit.

Know the Statute of Limitations

The first law you need to be aware of is Kansas’s statute of limitations. This determines when it’s too late to file a medical malpractice lawsuit.

Kansas law gives you two years to file, either from when the negligence occurred or when you discovered it. You are still limited to four years from the actual incident in the latter case.[1]

Discuss Damages

Your lawyer will want to discuss how much you hope to recover in compensation before you begin the process of filing. Kansas has a law limiting damages for non-economic factors, such as loss of independence, to just $300,000.

In a 2019 case, the Kansas Supreme Court ruled that the cap is unconstitutional. The Supreme Court found that capping non-economic damages violated a person’s constitutional right to a trial by jury.[2]

There is no limit for economic damages, so provide your lawyer with all medical bills and receipts and anticipated costs for everything related to your child’s condition so that you can seek a fair amount.

File the Lawsuit

Your lawyer will take this crucial first step by sending a detailed complaint to all defendants. It should outline the incident and why and how you believe medical negligence caused your child’s disabilities.

Attend a Settlement Conference

Kansas law requires that you attend a conference to try to settle out of court before you go to trial with your lawsuit. It must occur at least 30 days before the trial begins. If successful, you will be awarded a settlement amount without going to trial.

Request a Screening Panel

During the settlement conference, either side can request a screening panel. This is a panel with three appropriate medical professionals and one lawyer who reviews the evidence and determines whether or not negligence occurred.

This does not replace the trial, but the findings and evidence given here can be used during the trial.

Go to Trial

If you do need to go to trial with your lawsuit, which is not typical as most cases are settled, your lawyer will argue on your behalf.

Your lawyer will present evidence and expert testimony to the jury. The jury decides if negligence occurred and the amount you are owed in damages if it did.

The Process of Filing a Discrimination Complaint in Kansas

Fighting against discrimination or a denial of your child’s rights based on disability requires a different process than a medical malpractice lawsuit. You will most likely file a complaint with the Kansas Human Rights Commission (KHRC).[3]

In some situations, it would be more appropriate to complain to a federal agency, like the Department of Justice. Your lawyer can guide this decision.

The KHRC allows your lawyer to file a complaint on your behalf, but regardless of who files, the next step is usually mediation.

If this fails or if either side rejects it, the KHRC will begin an investigation of the alleged incident.

If the KHRC finds probable cause for discrimination, it will help you get a settlement. The last resort is to hold a public hearing to resolve the issue.

Filing a lawsuit for cerebral palsy in Kansas can seem overwhelming. It’s essential, though, to take legal action for your child in certain situations.

Let your lawyer guide you through the process of seeking justice, a resolution, or damages for your disabled child.