A child living with cerebral palsy will have some degree of disability for the rest of his or her life. If you are the parent of a baby who has been diagnosed with this condition that impacts movement and mobility, you may be wondering what you can do to help your child have a better future. Your child will need therapy, medical treatment, and possibly other types of care for years to come.
One thing you can do to support your disabled child is to find and work with an Arizona cerebral palsy lawyer. A lawyer experienced in working with families like yours can help determine if medical negligence caused your child’s disability and if you have a strong case that could lead to compensation and justice.
Why Do I Need an Arizona Cerebral Palsy Lawyer?
Cerebral palsy is a condition that may cause a wide range of types of disability and symptoms from mild to severe. Most people develop it after suffering brain damage in the womb, during childbirth, or shortly after being born. Your child diagnosed with cerebral palsy may have suffered that damage as the result of a medical error that could and should have been prevented.
You may need an Arizona cerebral palsy lawyer if you believe that negligence on the part of a doctor, nurse, midwife, or other healthcare worker contributed to or directly caused your child’s condition. And, if your child is later denied rights or is discriminated against because of his or her disability, you may need the assistance of a lawyer experienced in this area of law. Filling a lawsuit may seem like something you would never do, but if it means getting justice and financial support for your child, it may be necessary.
How a Lawyer Can Help
Understanding and navigating the legal system in Arizona can be complicated. This is especially true if you are planning 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 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, be sure that you select an individual or a law firm with actual 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. As you search for a cerebral palsy lawyer, keep in mind that you need to find not just a specialist, but someone you can trust. Interview more than one lawyer if necessary, 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 own laws regarding medical malpractice cases. Your lawyer will help you navigate these laws, but it also helps to have an understanding of some of the most important 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 obvious at the time, two years from when the error was discovered.
Other important 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 for 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 in 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 he or she must be provided with an adequate education and equal opportunities in school. If you believe your child’s rights are being violated, you can sue.
For instance, the Individuals with Disabilities Education Act requires public schools to provide disabled children an education that mirrors that of other children. They must be included in classrooms with their non-disabled peers to the greatest extent possible. If you feel your child is being unfairly restricted to special education classrooms, you may have a case to sue the school district for inclusion.
Having a child with cerebral palsy presents certain challenges. There are laws and rights that 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.