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If you have a child in Alabama diagnosed with cerebral palsy, an experienced Alabama cerebral palsy lawyer can help you fight for justice. A knowledgeable lawyer can also ensure your child gets equal access to education and other resources.
Why You Need an Alabama Cerebral Palsy Lawyer
If you suspect your child’s disabilities happened after a medical error, you have the legal right to seek justice against the responsible party. A birth injury or cerebral palsy lawyer can help you sort through information and help you decide if you have a case.
A lawsuit against the responsible party holds them accountable and could also provide your family and your child with much-needed compensation for care costs.
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Another reason to hire an Alabama cerebral palsy lawyer is to ensure your child is getting all the services and inclusion they are entitled to. Both federal and Alabama state laws grant rights to people with disabilities. If your rights are being denied, seek legal help.
How an Alabama Cerebral Palsy Lawyer Can Help
Malpractice cases and disability rights cases can be complicated. There are a lot of different laws guiding them on both federal and state levels. For the average person, it can be confusing and overwhelming.
A lawyer well versed in Alabama malpractice law and disability laws can provide expertise to help you make sense of everything.
Keep in mind that a general lawyer will not have the experience or knowledge you’ll need for the best chance of winning your case. The right cerebral palsy lawyer will provide you with expertise and honest opinions about your situation and your odds of winning.
Cerebral palsy is costly. You face medical expenses, therapy bills, educational interventions, assistive devices, and even home healthcare. An experienced attorney will lead you down the right path to possibly obtaining financial assistance or compensation.
Finding a Good Lawyer
An expert in cerebral palsy, malpractice, and disability will give you the best possible chance of winning any case you start. Take time to find the right lawyer so you get the expertise and the relevant experience needed to file and complete a lawsuit.
Alabama cerebral palsy lawyers will generally advertise that they specialize in these kinds of cases. Look for a lawyer or law firm that can prove its relevant experience and show proof of similar cases they have taken on. Search the American Bar Association and local agencies that assist children with disabilities for an expert lawyer.
Ask friends, family, and community members who have children with disabilities for recommendations.
Alabama Birth Injury and Medical Malpractice Laws
A malpractice suit is likely the main reason you seek out an Alabama cerebral palsy lawyer. The laws regarding these types of cases vary by state; an expert right in your country and where the medical error occurred can help you understand the legalities.
The Alabama Medical Liability Act outlines how malpractice cases can proceed. For instance, there are tight restrictions in the state on experts who can testify in these cases. This makes it hard for plaintiffs and their attorneys to find the right medical expert to help prove their case.
Another tough part of the law is the contributory negligence rule. This rule states that if the plaintiff is negligent for the harm caused, even by just one percent, there can be no monetary award.
In 1991, the Alabama Supreme Court overturned a cap limit on malpractice cases. This means there is no limit to how much compensation you can seek. There is also no limit on how much a jury can award for a malpractice case.
Alabama’s statute of limitations for malpractice cases is set at two years from when the incident caused harm or within six months from when you realized that malpractice occurred. If your child is less than four years old, you have until their eighth birthday to file a malpractice lawsuit.
Disability Rights in Alabama
If your child is being discriminated against or is not getting needed resources, you may need an Alabama cerebral palsy lawyer to help fight for those rights.
Your child has rights under the federal Americans with Disabilities Act, the Assistive Technology Act, the Education for All Handicapped Children Act, and many others.
There are also state-specific laws granting rights that protect against discrimination. Alabama’s laws regarding disabilities and rights are less inclusive than federal laws. The state also prevents people from suing to challenge discrimination.
This means that you and your child will need to rely on federal laws for protection. The right lawyer can help you figure out options if you face civil and disability rights issues.
Examples of Alabama Cerebral Palsy Cases
Although the laws regarding malpractice in Alabama tend to favor doctors and hospitals, it’s possible to win a case in the state.
In 2016, a family won a $16 million verdict for their birth injury lawsuit. According to Al.com, Caroline Malatesta chose the Brookwood Baptist Medical Center in Homewood for the birth of her child. The medical center claimed it offered natural birth options.
Malatesta expected a medically supervised, safe, but natural childbirth experience. Instead, she had a terrible experience.
As Malatesta was in labor with her fourth child, a nurse at the facility pressed the baby back into the birth canal to prevent delivery before the doctor was ready. The baby wasn’t harmed, but Malatesta was. She now has a permanent injury and lives with chronic pain from a nerve disorder called pudendal neuralgia.
A jury agreed that Malatesta would not have been injured if not for the negligent actions of the staff. She was awarded compensation to cover her medical costs, pain, and emotional suffering.
Although this was not a case of injury to a child, it does highlight how much can go wrong in childbirth and how important it is to have an excellent legal team on your side to fight against negligence and malpractice.
If you or your child suffered because of negligent actions or inactions by a medical provider during pregnancy or childbirth, you might have a case to sue for compensation. If your disabled child is not getting the rights to which they are entitled, a lawsuit may be necessary.
Let an Alabama cerebral palsy lawyer help your family fight for compensation and justice.
- Caps on damages. (2017). American Medical Association | AMA. Advocacy Resource Center
Retrieved from: https://www.ama-assn.org/sites/ama-assn.org/files/corp/media-browser/premium/arc/caps-on-damages_0.pdf
- Caroline Malatesta opens up about birth trauma, bait-and-switch advertising of Alabama hospital. (2016, August 9). Al.com.
Retrieved from: https://www.al.com/living/2016/08/malatesta_opens_up_about_birth.html