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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 not only in a medical malpractice case but also if your child has been discriminated against. Disabled children are protected against discrimination and guaranteed access and opportunities by law.
The Need for 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 a number of mistakes that healthcare professionals can make that lead to brain damage, the underlying cause of cerebral palsy.
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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. You may need to file a lawsuit to ensure your child’s needs are met and rights are secured.
Finding 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 give you 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 just rely on any lawyer, though. You need someone who specializes in either malpractice law or disability rights, depending on your family’s needs.
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 who has your child’s best interests in mind.
Medical Malpractice Laws in Connecticut
Connecticut’s malpractice case laws can get quite confusing. A Connecticut cerebral palsy lawyer can help guide you and make the right choices.
For instance, there is a limit of three years from the time of the medical error to file a lawsuit in Connecticut.
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 the disabled. Federal laws like the Americans with Disabilities Act (ADA) prevent discrimination or denial of access to public spaces, education, and other services.
According to Connecticut laws, the definition of disability is more expansive than what is provided in the ADA. This means your child, even if not included in federal regulations, 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.
Connecticut Cerebral Palsy Cases
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.
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 tough your situation is, what laws apply, and how to proceed. The lawyer will then guide you and advise you as you make choices regarding your child’s future.
- What causes cerebral palsy? (2016, December 1). Eunice Kennedy Shriver National Institute of Child Health and Human Development.
Retrieved from: https://www.nichd.nih.gov/health/topics/cerebral-palsy/conditioninfo/causes
- Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
Retrieved from: https://sites.ed.gov/idea/
- Medical liability/Malpractice statutes of limitation. (2014, March 20). Legislative News, Studies and Analysis | National Conference of State Legislatures.
Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-statutes-of-limitation.aspx
- 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
- Associated Press. (2011, May 25). Jury awards $58 million in malpractice suit. NBC Connecticut
Retrieved from: https://www.nbcconnecticut.com/news/local/jury-awards-58-million-in-malpractice-suit/1885041/