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If your child developed cerebral palsy after medical mistakes, an experienced Colorado cerebral palsy lawyer can guide you through the legal process. Colorado laws outline how you can seek justice and compensation if your child has cerebral palsy because of medical malpractice. A qualified lawyer can also assist you in cases of discrimination and rights violations.
Can Cerebral Palsy Be Caused By Negligence?
The underlying cause of cerebral palsy is brain damage, which can be caused by medical negligence. If a doctor or other healthcare professional makes a mistake during care, and your child is diagnosed with cerebral palsy, it could be considered medical malpractice.
Should I Hire a Colorado Cerebral Palsy Lawyer for My Child?
Although not all causes of cerebral palsy are due to medical negligence, sometimes errors made by healthcare professionals lead to birth injuries, which can lead to CP. If a healthcare professional did not provide appropriate care, you might have a case for medical malpractice.
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Get Help NowA Colorado cerebral palsy lawyer can assist you in successfully filing a claim against the responsible party.
Has your child been blocked from opportunities or discriminated against in school or other institutions? In these situations, an expert lawyer can start a case connected to Colorado’s disability and civil rights laws.
Both state and federal laws are in place to protect people with disabilities and ensure access and opportunity.
How Can a Colorado Cerebral Palsy Lawyer Can Help My Family?
You need a specific type of lawyer in either of the above situations. The laws regarding malpractice and disability rights are specialized, and you need a lawyer who has a deep understanding of them.
A Colorado cerebral palsy lawyer can help by providing expertise and guidance if you feel like your family needs to file a lawsuit. Some other ways in which this kind of lawyer can help your family include:
- Investigating birth injuries and medical errors.
- Determining if medical malpractice can be blamed for your child’s disability.
- Finding proof of malpractice.
- Working with the defendant’s lawyers to try for an out-of-court settlement.
- Increasing the chances that you will get a settlement.
- Providing expert advice on steps to take next.
- Helping you find sources of financing for your child’s unique needs.
How to Find the Right Lawyer
A general lawyer is not the right choice when it comes to your child’s needs and seeking justice. You need an expert in malpractice or disability laws, not a general lawyer.
Talk to anyone you know with a disabled child to find a good recommendation. Alternatively, you can search for a lawyer with the expertise you need through the State Bar Association.
When you have a few lawyers to choose from, you should feel comfortable asking as many questions as possible and even asking for references or proof of past cases won. This is important for your family.
It makes sense to take a little time to find a lawyer who makes you feel at ease.
Colorado Malpractice and Birth Injury Laws
Every state has laws related to medical malpractice. You will need a Colorado cerebral palsy or medical malpractice lawyer to help you make decisions because the rules can be complicated.
It also helps to have a basic understanding of your and your child’s rights in malpractice cases.
The statute of limitations is one of the most important laws to know. It sets a time limit on when you can file a malpractice lawsuit.
In Colorado, this limit is two years from when the malpractice occurred or when it was discovered but no more than three years after the incident.[1]
Another fundamental law is a cap on damages that victims can recover. The state caps total damages at $1 million. This includes combined economic and noneconomic damages. The latter is compensation for things like pain and suffering.
The cap also limits noneconomic damages to $300,000, which many believe is unfair. A new law would increase that cap incrementally. The first increase would be to $500,000.[2]
Disability Rights in Colorado
Federal laws provide most of the rights of people with disabilities.[3] These laws ensure access to and protection against discrimination in education, workplaces, transportation, public spaces, and more.
Remember, your child has a right to equal opportunities, access, and inclusion at school.
It may be difficult to decide if your child is being denied opportunities under the law, but a lawyer specializing in disability rights can advise you.
How Much Compensation Can My Child Get for Cerebral Palsy?
There are many examples of successful malpractice lawsuits in the state where experienced lawyers won compensation for their clients. In 2015, a young girl who suffered brain damage that led to cerebral palsy was awarded $17.8 million.[4]
The family filed a lawsuit against Colorado Children’s Hospital. When the little girl was just four days old, she needed surgery to correct a congenital heart defect.
Before the procedure, the hospital staff gave her the wrong dose of a medicine called prostaglandin. This resulted in cardiac arrest. It took more than half an hour to revive her, and during that time, she suffered irreversible brain damage.
The little girl now lives with severe disabilities and cerebral palsy and will need care for the rest of her life. The family chose an experienced law firm to help them fight for their daughter. She now will have enough compensation to help her for life.
Another birth injury case challenged the damages cap in Colorado. A doctor failed to order a C-section for a woman who gave birth in 2005. She struggled to deliver and was given high levels of an induction drug.
Ultimately, her child was born with brain damage and disabilities. In her case, the woman won $4 million from a jury, which was set to be reduced to the $1 million cap amount. She fought this, and a judge agreed to uphold $3.5 million of the settlement.
Legal action can and should be taken when preventable mistakes harm a child. With the assistance of a Colorado cerebral palsy lawyer, a lawsuit helps provide justice and compensation and holds accountable those people who made careless mistakes.
If your child is living with a disability, contact a lawyer to find out your rights and what you should do next.
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Get Help NowReferences
- Casetext. (n.d.). Colo. Rev. Stat. § 13-80-102.5.
Retrieved from: https://casetext.com/statute/colorado-revised-statutes/title-13-courts-and-court-procedure/limitation-of-actions/article-80-limitations-personal-actions/section-13-80-1025-limitation-of-actions-medical-or-health-care - Weis, K. (2024, February 24). Colorado Doctor Says Removing Pain & Suffering Jury Award Caps Could Increase Consumer Costs, Force Some Doctors Out. CBS News.
Retrieved from: https://www.cbsnews.com/colorado/news/colorado-doctor-removing-pain-suffering-jury-award-caps-could-increase-consumer-costs-force-some-out/ - ADA National Network. (n.d.). What is the Americans with Disabilities Act (ADA)?
Retrieved from: https://adata.org/learn-about-ada - Rodgers, J. (2015, April 4). Jury Awards Colorado Springs Family $17.8 Million over Daughter's Hospital Treatment. The Gazette.
Retrieved from: https://gazette.com/health/jury-awards-colorado-springs-family-million-over-daughter-s-hospital/article_d879c203-b7f2-5f5c-b623-ad2b3841f8e3.html