When you learn that your child is going to live with a permanent disability, you may not be sure what to do next. This is why a good lawyer on your side is important. In California, cerebral palsy lawyers are experienced, knowledgeable professionals who help families in the state find financial resources for their disabled children and even start lawsuits against negligent medical professionals.
California also has strong disability rights laws, which in addition to federal laws, protect children like yours from discrimination or unequal access to education and other resources. You may need a lawyer in the state to help win compensation for your child’s disability that resulted from medical malpractice, or to ensure his or her rights are not infringed because of that disability.
Why Hire a California Cerebral Palsy Lawyer?
It’s probably not the first thing on your mind when you learn your child has cerebral palsy and has lifelong disabilities. However, hiring a California cerebral palsy lawyer should be one of your next moves. Too many cases of cerebral palsy are caused by medical negligence, and you have a right to seek justice for your child who was harmed.
Disabled children face many challenges, but there is no reason they should not 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, you may need a lawyer to clarify what the laws are, your child’s rights, and the legal options you may want to pursue.
A California Cerebral Palsy Lawyer Can Help You Take Action
There are many ways in which a good lawyer with experience working with families of children with cerebral palsy can help you. Above all this professional 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 are actually facing a team of lawyers from their insurance company.
The right lawyer will be able to 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 he or she deserves.
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 resulting disability, you have a right to seek compensation by filing a lawsuit.
But in California, the amount of money you can recover from the negligent part is limited. The state has placed a cap on non-economic damages. You can get no more than $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. Furthermore, the amount of damages you can win in a malpractice case may be reduced if you are found 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 impact your case. For instance, the statute of limitations on filing a medical malpractice lawsuit in California is either 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 in place that also protect people with disabilities from discrimination. The definition of disabled is includes many more people under the state law, so it’s important to have a lawyer with expertise in these laws if you feel you may need to file a lawsuit on behalf of your child.
California Cases Involving Cerebral Palsy
With the right lawyer to help them, 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 case 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.
Born in 2003 he was awarded the amount in 2007 after his parents filed the suit. The baby developed jaundice shortly after being born but was not treated. This mistake led to a neurological condition called kernicterus that caused brain damage and resulting cerebral palsy and disability.
The jury agreed that doctors were negligent in ignoring the signs of jaundice. They were also blamed for later telling the parents that jaundice would go away on its own. 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
If you feel as if you need to file a lawsuit for the benefit of your disabled child, find a good lawyer by searching through the state bar association or through recommendations from friends and family. Just be sure that you choose someone you feel has your best interest in mind and that has the practical experience necessary to take on and win your case.
Many 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 diagnosed with cerebral palsy, find a good lawyer to help you decide what to do next.