A child born with cerebral palsy may have a variety of disabilities ranging from those severe enough to require lifelong care to mild disabilities that impair movement. The brain damage that causes this condition is too often caused by a medical mistake that could have been prevented. Families with children in this situation can benefit from a Colorado cerebral palsy lawyer to help investigate and lead a malpractice lawsuit.
If your child is living with disabilities in Colorado, you just want the best for them. You may benefit from a lawyer to help get justice for medical errors or to challenge cases of discrimination. Disabled children are protected under the law and are guaranteed access to education and other opportunities. A lawyer may be necessary if that access is denied.
Reasons to Hire a Lawyer
You may want to hire a Colorado cerebral palsy lawyer if your child has been diagnosed with this condition. The brain damage that causes cerebral palsy may be truly accidental, but it may also result from a preventable medical error. If a doctor, nurse, or midwife did not provide appropriate care, you may have a case for medical malpractice.
A child already living with cerebral palsy and disabilities may be blocked from opportunities, discriminated against in school or other institutions, or denied access. In these cases you may want to hire a lawyer to start a case based on disability and civil rights laws in Colorado. Both state and federal laws are in place to protect people with disabilities and ensure access and opportunity.
How a Colorado Cerebral Palsy Lawyer Can Help Your Family
In either of the above situations, you need a specific type of lawyer. 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, guidance, and advice 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 special needs.
Finding the Right Lawyer
Not just any lawyer will do 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 who has 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 do have a few lawyers to choose from, you should feel comfortable asking as many questions as you want and even asking for references or proof of past cases won. This is important for your family and it makes sense to take a little time to find the lawyer you feel most comfortable working with.
Colorado Malpractice and Birth Injury Laws
Every state has its own laws related to medical malpractice. You will need a Colorado cerebral palsy or medical malpractice lawyer to help you make decisions because the laws can be complicated. It does help also to have a basic understanding of your and your child’s rights in cases of malpractice.
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.
Another very important law is a cap on damages that victims can recover. The state has a $1 million limit on all types of damages, including actual economic damages like medical expenses. The courts can overrule and extend this cap if it is determined that an exception needs to be made.
Disability Rights in Colorado
Federal laws provide most of the rights for people with disabilities. They ensure access to and protection against discrimination in education, workplaces, transportation, public spaces, and more. Your disabled child has a right to equal opportunities, access, and inclusion at school. This may mean being given special interventions or education services or access to technology. It may be hard to decide if your child is being denied opportunities under the law, but a lawyer specializing in disability rights can advise you.
Cerebral Palsy Lawsuits in Colorado
There are already examples of successful malpractice lawsuits in the state in which 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. This came after seven years of her family and their legal team fighting for justice.
The family filed the lawsuit against Colorado Children’s Hospital. When the little girl was just four day sold she needed surgery to correct a congenital heart defect. Before the procedure hospital staff gave her the wrong dose of a medicine called prostaglandin. This resulted in cardiac arrest. It took more than a 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. Now she will get the compensation to provide her lifelong care.
The damages cap in Colorado was challenged in another birth injury case. 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. She fought this and a judge agreed to uphold $3.5 million of the settlement.
When a child is harmed because of preventable mistakes, legal action can and should be taken. A lawsuit, with the assistance of a Colorado cerebral palsy lawyer, helps provide justice and compensation but also holds accountable those people who made careless mistakes. If your child is living with a disability, contact a lawyer to find out what your rights are and what you should do next.