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Do you have a child with cerebral palsy in Connecticut who was injured due to medical mistakes? A qualified Connecticut cerebral palsy lawyer can help you fight for justice and get compensation for your child’s care.
Do I Have a Cerebral Palsy Case?
If your baby was diagnosed with cerebral palsy, you might have a case for medical malpractice. Cerebral palsy is caused by brain damage. This can occur accidentally, but a doctor’s mistakes or negligence can also cause brain damage and cerebral palsy.
You have a case for malpractice if you can prove a medical professional failed to provide adequate care, resulting in your child’s disability.
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Get Help NowDo I Need a Connecticut Cerebral Palsy Lawyer?
As the parent of a child with disabilities caused by cerebral palsy, you likely face daily challenges and fears for your child’s future. The expenses of caring for a disabled child can add up quickly. A Connecticut cerebral palsy lawyer can help you determine if you’re entitled to compensation.
There are several mistakes that healthcare professionals can make that lead to brain damage, the underlying cause of cerebral palsy.[1]
Some examples include failure to treat maternal infections, using too much force during labor and delivery, or failing to perform a needed C-section. If your child’s disability results from malpractice, you need a cerebral palsy lawyer.
Your child has rights, too, as a disabled person. Federal and state laws protect people with disabilities from discrimination and being denied access to services like special education.[2] You may need to file a lawsuit to ensure your child’s needs are met and rights are secured.
How to Find the Right Lawyer for Your Family
A qualified Connecticut cerebral palsy lawyer can assist your family in many ways. A lawyer can provide legal expertise and the advice you need to make the right choices for yourself and your child.
With a cerebral palsy attorney, you have a better chance of winning your case and getting the compensation that will provide for your child in the future.
You can’t rely on any lawyer, though. Depending on your family’s needs, choose someone who specializes in malpractice law or disability rights.
The state bar association can help you find a professional with the right specialty, but you can also search through recommendations provided by other parents of children with disabilities.
Interview lawyers before you hire one to ensure they will match your needs. Ask questions and find out about any previous experience with similar cases.
You can also ask for client references. Make sure the lawyer you choose makes you comfortable and has your child’s best interests in mind.
Medical Malpractice Laws in Connecticut
Connecticut’s malpractice case laws can be confusing. A Connecticut cerebral palsy lawyer can help you make the right choices.
For instance, the statute of limitations in Connecticut gives you two years from the incident or two years from when you discovered it happened to file a lawsuit.[3]
Another law that can prevent some people from filing is the so-called “Good Faith” law. The state requires that you get an expert opinion that states you have a valid malpractice case before you can file.
This is an important reason you need the right lawyer. A lawyer has access to experts to provide such testimony.
Rights for the Disabled in Connecticut
It’s not just malpractice laws that impact children with cerebral palsy. Your child may need a lawyer to ensure their rights are met under federal and state laws that protect people with disabilities. Federal laws like the Americans with Disabilities Act (ADA) prevent discrimination or denial of access to public spaces, education, and other services.[4]
According to Connecticut laws, the definition of disability is more expansive than what is provided in the ADA. Even if not included in federal regulations, your child may be covered by state disability rights laws.
You will still need a lawyer to help you make sure your child’s rights are not denied. Many rules can apply here, and if you don’t know which is best for your child’s situation, a lawyer will help.
How Much Compensation Can You Get for Cerebral Palsy?
Compensation in cerebral palsy cases varies significantly and depends on individual factors. Your lawyer is the best person to estimate your compensation expectations. Examples of previous cases can also give you a good idea of what is possible.
Connecticut cerebral palsy lawyers have already helped so many other families, winning them compensation and justice for their children harmed by medical professionals. A 2011 case involving cerebral palsy resulted in one of the state’s most significant settlement amounts in a malpractice case.
The parents of a child with severe disabilities sued and won against a hospital in Stamford. The doctor who delivered the baby delayed performing a C-section, which resulted in brain damage. The child is now eight, has cerebral palsy, and cannot walk or talk.
The lawsuit included many claims against the doctor and hospital. The family’s lawyers claimed that the doctor did not provide adequate care, failed to have experts on hand, did not determine the baby’s position in the womb, and did not warn the mother of the risks associated with her delivery.
The family found that the jury was on their side, and they won damages amounting to $58 million.[5]
This is an extreme example of severe disabilities caused by medical negligence. But it is also just one of many examples of Connecticut cerebral palsy lawyers winning cases for their deserving clients. If your child was harmed by medical negligence, you might have a case, too.
The right lawyer will determine how challenging your situation is, what laws apply, and how to proceed. The lawyer will then guide and advise you as you make choices that affect your child’s future.
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Get Help NowReferences
- National Institutes of Health. Eunice Kennedy Shriver National Institute of Child Health and Human Development. (2021, May 11). What Causes Cerebral Palsy?
Retrieved from: https://www.nichd.nih.gov/health/topics/cerebral-palsy/conditioninfo/causes - U.S. Department of Education. (n.d.). About IDEA.
Retrieved from: https://sites.ed.gov/idea/about-idea/ - Connecticut Judicial Branch Law Libraries. (2023). Medical Malpractice in Connecticut.
Retrieved from: https://jud.ct.gov/lawlib/Notebooks/Pathfinders/MedicalMalpractice.pdf - ADA National Network. (n.d.). What is the Americans with Disabilities Act?
Retrieved from: https://adata.org/learn-about-ada - NBC Connecticut. (2011, May 25). Jury Awards $58 Million in Malpractice Suit.
Retrieved from: https://www.nbcconnecticut.com/news/local/jury-awards-58-million-in-malpractice-suit/1885041/