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California has many knowledgeable cerebral palsy lawyers who help families find financial resources for disabled children and assist with lawsuits against negligent medical professionals. California also has strong disability rights laws that protect children from discrimination. If you think medical malpractice caused your child’s cerebral palsy, contact a qualified California cerebral palsy lawyer to learn about your rights.
Why Hire a California Cerebral Palsy Lawyer?
Finding a lawyer is probably the last thing on your mind after learning your child has cerebral palsy. Yet, a California cerebral palsy lawyer is a vital key in determining if you have a valid birth injury case.
Disabled children will face many challenges, and they need accommodations to assist them. There is no reason a child with disabilities shouldn’t have the same access and opportunities as other children. Laws are in place to ensure it.
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If you find your child is suffering from discrimination, in public schools, for instance, contact a lawyer to clarify your child’s rights and the legal options.
A California Cerebral Palsy Lawyer Can Help You Take Action
There are many ways an excellent lawyer with experience with cerebral palsy cases can help you. A reliable attorney can help you take active steps to provide a better life for your disabled child.
The laws surrounding malpractice can be confusing. And, when you try to go up against a doctor or hospital in a legal case, you’ll face a team of lawyers from their insurance company.
The right lawyer will investigate the incident that caused your child’s disability, find evidence that there was malpractice, and build a strong case against those responsible.
Your legal team will give you the best chance of recovering damages that will help your child for years to come.
A lawyer with expertise in disabilities can also help you when you feel lost in the face of discrimination.
There are laws to protect your child, but you may not be sure of what they are or what you can do about it. The right lawyer will guide you as you help your child get the education they deserve.
California Medical Malpractice Laws
One of the most important ways a California cerebral palsy lawyer can help your family is by helping you understand the complicated malpractice laws and how to work within them to get justice for your child.
If you believe that medical negligence caused your child’s injury and the resulting disability, you have a right to seek compensation by suing.
California limits the amount of money you can recover from the negligent party. The state has placed a cap on non-economic damages.
You can get up to $250,000 for intangible factors related to your child’s disability, such as pain and suffering.
There is no cap on the amount you can win in a case for actual costs, like medical care, treatment, and assistive technology.
The amount of damages you can win in a malpractice case may be reduced if they find you to have played any role in the harm caused to your baby, such as by not following a doctor’s recommendations.
A lawyer will help you understand these laws and others and how they may affect your case.
For instance, the statute of limitations on filing a medical malpractice lawsuit in California is three years from the negligent act or one year from when you discovered a medical professional was negligent in caring for you or your child.
A cerebral palsy lawyer in California can also help your family if your child’s rights are not being met as a disabled person.
Federal laws protect the disabled and ensure access to public places, education, housing, and transportation. For instance, the Assistive Technology Act of 2004 ensures your child has access to technology that will provide equal opportunities in school.
California has state laws that protect people with disabilities from discrimination. It’s essential to have a lawyer with expertise in these laws if you feel you need to sue on behalf of your child.
California Cases Involving Cerebral Palsy
With the right lawyer, many people who have suffered because of medical malpractice or discrimination have been able to file and win cases for justice and compensation.
One such incident resulted in a jury award of $96 million for a child who suffered brain damage soon after birth in Glendale, California. The child is expected to need at least that amount for lifetime care.
The jury awarded him the damages in 2007 after his parents sued. The baby developed untreated jaundice shortly after birth. After the healthcare professionals failed to treat the condition, the child developed a neurological condition called kernicterus, which ultimately caused brain damage and cerebral palsy.
The jury agreed that doctors were negligent in ignoring the signs of jaundice. They were also blamed for later telling the parents that the condition would go away independently. The doctors should have treated the baby, and if they had, it would likely have prevented kernicterus.
How to Find a California Cerebral Palsy Lawyer
Find a talented lawyer by searching through the state bar association, or perhaps you can get recommendations from friends and family. Be sure to choose someone you feel has your best interest in mind and someone with the practical experience necessary to help with your case.
Cerebral palsy cases require the expertise of a California cerebral palsy lawyer. Experienced lawyers who know the malpractice and disability laws are invaluable allies for parents and families facing the exorbitant costs of care for a disabled child.
If you live in the state and have a child with cerebral palsy, find a reliable lawyer to help you fight for justice.
- 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
- H.R.4278 - 108th Congress (2003-2004): Assistive technology Act of 2004. (2004, October 25). Congress.gov | Library of Congress.
Retrieved from: https://www.congress.gov/bill/108th-congress/house-bill/4278
- White, R. (2007, July 12). Child wins huge damages over medical care. Los Angeles Times.
Retrieved from: https://www.latimes.com/archives/la-xpm-2007-jul-04-fi-verdugo4-story.html