California Cerebral Palsy Lawyer

Fact Checked

California cerebral palsy lawyers 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.

Can Medical Negligence Cause Cerebral Palsy?

If your child was diagnosed with cerebral palsy, you probably have a lot of questions, including how it happened. Many factors can lead to or increase the risk of cerebral palsy.

An important cause of cerebral palsy that affects too many families is negligence. This occurs when a medical professional fails to provide an adequate standard of care.

If those errors in care lead to brain damage that causes cerebral palsy, you may be able to sue a hospital or doctors for medical malpractice.

Why Do I Need 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 vital 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.

If you find your child is suffering from discrimination in public schools, for instance, contact a lawyer to clarify your child’s rights and legal options.

A California Cerebral Palsy Lawyer Can Help You Take Action for Your Child

An excellent lawyer with experience with cerebral palsy cases can help you in many ways. 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.

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 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.

How Much Can I Get in a Settlement for My Child’s Cerebral Palsy in California?

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.[1]

There is no cap on the amount you can win in a case for actual costs, like medical care, treatment, and assistive technology.

The 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.

What Is the Time Limit on Filing a Medical Malpractice Lawsuit in California?

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.

Disability Rights

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.[2]

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 Cerebral Palsy Lawsuits

With the right lawyer, many people who have suffered because of medical malpractice or discrimination can 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.[3]

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. 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.