Do you have a child with cerebral palsy in Connecticut? Do you believe the brain damage that caused the condition resulted from a medical error? Your child’s disability may be the result of medical malpractice, a preventable mistake. But to fight against those responsible is difficult and requires the expertise of a Connecticut cerebral palsy lawyer.
As your child gets older you may also find that you need a lawyer to help you make a case against a school district or other institution. Disabled children are protected against discrimination and are guaranteed access and opportunities by law. A lawyer can help you determine if you have a case and help you fight for justice.
The Need for a Connecticut Cerebral Palsy Lawyer
As the parent of a child with disabilities caused by cerebral palsy, you face daily challenges and fears for your child’s future. You may not be thinking about legal action or lawyers, but there are many reasons you may need to rely on a Connecticut cerebral palsy lawyer.
One of the reasons is that your child’s condition may have been caused by medical malpractice. Brain damage is the underlying cause of cerebral palsy, but there are many mistakes a doctor or nurse can make that may lead to that damage: not treating infections in the mother, using too much force during labor and delivery, or failing to perform a needed C-section. If your child’s disability is a result of malpractice, you are entitled to fight for justice and compensation.
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 ensured.
Finding the Right Lawyer for Your Family
The best Connecticut cerebral palsy lawyer will be able to help your family in so many ways. A lawyer can provide the expertise that you don’t have and give you the advice you need to make the right choices for your child. With a lawyer, 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 be sure they will match your needs. Ask questions and find out about 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 laws regarding malpractice cases can be a little confusing. You need to understand some of the important laws, but you can also rely on a Connecticut cerebral palsy lawyer to help guide you and make legal choices. For instance, in Connecticut there is a limit of three years from the time of the medical error to file a lawsuit. Getting an extension on this requires significant proof, so you need to act quickly with lawsuits.
Another law that can prevent some people from filing is the so-called “Good Faith” law. The state requires that you to get an expert opinion that states you have a valid malpractice case before you can file. This is one 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 make sure their rights are met under federal and state laws that protect the disabled. Federal laws like the Americans with Disabilities Act (ADA) are supposed to 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 laws, 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 being denied. There are many laws that 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 helped so many other families already, winning them compensation and justice for their children harmed by medical professionals. A 2011 case involving cerebral palsy resulted in the state’s biggest settlement amount 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 he is unable to 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 client. If your child was harmed by medical negligence you may have a case too. The right lawyer will help you determine how strong your case is, what laws apply, and how to proceed. That lawyer will then guide you and advise you as you make choices regarding your child’s future. This is the expertise you need to get justice for your child.