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Home > Cerebral Palsy Lawyer > Colorado Cerebral Palsy Lawyer
Last Updated: May 15, 2022

Colorado Cerebral Palsy Lawyer

Page Written by Robert Wharton, Esquire
Page Written by Robert Wharton, Esquire

This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.

For any content issues please Contact Us.

If your child developed cerebral palsy after medical mistakes, an experienced Colorado cerebral palsy lawyer can guide you through the legal process of obtaining justice. A qualified lawyer can also assist you in cases of discrimination and rights violations.

Reasons to Hire a Lawyer

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.

A Colorado cerebral palsy lawyer can assist you in successfully filing a claim against the responsible party.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

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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 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 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.

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 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 you want 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 does also help 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.[1]

Another fundamental 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 costs like medical expenses.

The courts can overrule and extend this cap if it determines an exception is in order.

Disability Rights in Colorado

Federal laws provide most of the rights of people with disabilities.[2] 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.

Cerebral Palsy Lawsuits in Colorado

There are already 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.[3]

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.[4]

Legal action can and should be taken when a child is harmed because of preventable mistakes. 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.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

References

  1. Colorado revised statutes title 13. Courts and court procedure § 13-80-102.5 | FindLaw. (n.d.). Findlaw.
    Retrieved from: https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-80-102-5.html
  2. What is the Americans with Disabilities Act (ADA)? (n.d.). ADA National Network | Information, Guidance and Training on the Americans with Disabilities Act.
    Retrieved from: https://adata.org/learn-about-ada
  3. 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
  4. Zubeck, P. (2018, February 28). Damage limit in local medical malpractice case goes to appeal, could set new law. Colorado Springs Independent.
    Retrieved from: https://www.csindy.com/coloradosprings/damage-limit-in-local-medical-malpractice-case-goes-to-appeal-could-set-new-law/Content?oid=10653298
View All References
Page Written by Robert Wharton, Esquire

Page Written by Robert Wharton, Esquire

Robert Wharton is an experienced cerebral palsy and birth injury attorney. His law firm handles medical malpractice cases throughout the United States. He has been selected multiple times as a “Super Lawyers – Rising Star”, and was honored as a “Top 40 Under 40” lawyer by the National Trial Lawyers Association.

See Full Bio

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