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Although Arizona boasts some of the top-rated birthing centers in the U.S., there are still times when children are born with cerebral palsy, sometimes caused by medical negligence. An experienced Arizona cerebral palsy lawyer can assist you in determining if medical mistakes caused your child’s disability. A knowledgeable attorney can also help you if your child has been discriminated against.
Why Do I Need an Arizona Cerebral Palsy Lawyer?
Cerebral palsy is a condition that causes a wide range of types of disabilities and symptoms, ranging from mild to severe.
Some babies develop it after suffering brain damage in the womb, during childbirth, or shortly after birth. Your child diagnosed with cerebral palsy may have sustained that damage due to a medical error that could and should have been prevented.
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An Arizona cerebral palsy lawyer can also help if you believe that negligence by a doctor, nurse, midwife, or other healthcare worker contributed to or directly caused your child’s condition. If your child is later denied rights or discriminated against, you need the assistance of a lawyer experienced in this area of law.
Filling a lawsuit may seem like something you would never do, but it may be necessary if it means getting justice and financial support for your child.
How a Lawyer Can Help
Understanding and navigating the legal system in Arizona can be complicated if you plan to go up against a hospital or doctor backed by the legal team of a big insurance company. An Arizona cerebral palsy lawyer can help you in several ways:
- Helping you make sense of state medical malpractice laws
- Investigating your child’s case to determine if negligence played a role in a birth injury or brain damage
- Filing and guiding you through a lawsuit
- Helping you get the compensation that will provide the best care for your child for years to come
- Going up against schools, employers, the government, or companies that are violating disability rights laws by discriminating against your child or denying rights
Most of all, a good, experienced lawyer will be there with the expertise and compassion you need to decide on the next steps to take to protect and care for your child.
How to Find a Good Cerebral Palsy Lawyer
There are a few things to keep in mind as you search for an Arizona cerebral palsy lawyer. First, select an individual or a law firm with experience in malpractice and birth injury cases. The legal teams behind medical facilities will fight hard to deny that your child suffered from negligence or malpractice.
You need a lawyer with a proven track record of fighting and winning for families like yours.
If you know other families with children with cerebral palsy, find out if they have a lawyer they trust.
Another place to look is the State Bar of Arizona. This organization can help you find a lawyer in good standing who specializes in medical malpractice.
Further, as you search for a cerebral palsy lawyer, remember that you need to find someone you can trust. If necessary, interview more than one lawyer until you find an expert you know will be on your child’s side.
Birth Injury and Medical Malpractice Laws in Arizona
Individual states have their laws regarding medical malpractice cases. Your lawyer will help you navigate these laws, but it also helps to understand some of the most critical parts of the law so you can advocate for your child.
For instance, the statute of limitations on malpractice cases in Arizona states that you have two years from the time of the medical error or, if it wasn’t evident at the time, two years from when the error was discovered.
Other vital aspects of malpractice law in the state involve how much compensation you can get for your child in a case.
If you are found to have been negligent in any part of the harm caused to your child, for instance, the amount you are awarded may be reduced.
Aside from this contributory negligence, there is no limit on how much you can seek damages in a malpractice case.
The legislature in Arizona tried to cap these damages, but it was found to be unconstitutional.
Arizona Disability Rights
Another area in which a lawyer can help your child and family is the defense of disability rights. The Americans with Disabilities Act and other federal laws protect disabled people from discrimination in all kinds of settings.
Your child should be allowed access to public spaces, for instance. Several federal laws also ensure that they must receive adequate education and equal opportunities in school. If you believe your child’s rights are violated, you can sue.
For instance, the Individuals with Disabilities Education Act requires public schools to provide disabled children with an education that mirrors that of other children. To the greatest extent possible, they must be included in classrooms with their non-disabled peers.
If you feel your child is unfairly restricted to individual education classrooms, you may have a case to sue the school district for inclusion.
Having a child with cerebral palsy presents particular challenges. Some laws and rights protect your disabled child, and you can file lawsuits when those rights are denied or your child has been harmed because of careless medical mistakes.
An Arizona cerebral palsy lawyer will help you figure out what kind of case you have, what to do next, and how to ensure the best possible outcome for your child.
- 12-562. Medical malpractice actions; grounds. (n.d.). Arizona Legislature. ARIZONA REVISED STATUTES.
Retrieved from: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/12/00562.htm
- Aps 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
- What is the Americans with Disabilities Act (ADA)? (n.d.). ADA National Network | Information, Guidance and Training on the Americans with Disabilities Act.
Retrieved from: https://adata.org/learn-about-ada
- Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
Retrieved from: https://sites.ed.gov/idea/