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Being told that your child has cerebral palsy, an incurable condition that causes lifelong disabilities is devastating news for a parent. While many children with cerebral palsy will live healthy, fulfilling lives, most have some degree of disability and need treatment and therapies. A Delaware cerebral palsy lawyer can help you sort through your legal options.
Birth injuries like cerebral palsy are all too often preventable. They are the result of mistakes made by careless medical professionals. If you believe your child’s disability could and should have been prevented with better medical care, the right lawyer can help you make a case, prove it, and file a lawsuit that will lead to compensation for your child.
Do I Need a Delaware Cerebral Palsy Lawyer?
If you have a child with cerebral palsy, there are a few situations in which you may want to hire a Delaware cerebral palsy lawyer. The first is if you need to know what to do next. If you aren’t sure what the laws are if you should be taking legal action on your child’s behalf, or if you think your child is entitled to compensation in some way but don’t know how or from where, a lawyer may be necessary.
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Perhaps most importantly, you will need a lawyer if you want to take on a doctor, nurse, or hospital in a malpractice case. There is a definite possibility that your child’s disability was caused by negligence, but you can’t do this alone and without expertise in the state’s laws.
Additionally, if your child has been denied access, for example, to special education services, you may need a lawyer. A lawyer specializing in disabilities and civil rights both through federal and state laws is the right professional to help you make a case to ensure your child’s rights, access, and opportunities.
How Cerebral Palsy and Birth Injury Lawyers Help Families
A Delaware cerebral palsy lawyer can help you take legal action. These professionals are skilled in legal matters, but they also have specialized expertise in disabilities, civil rights, birth injuries, and medical malpractice. It is this combination of knowledge that will help your family make a strong case and file a lawsuit with the best chance of success.
The right lawyer can help your family take on powerful insurance companies with top-notch legal teams backing medical centers and doctors. They can help you recover damages and get the money for your child’s lifelong care. They can also help ensure your child’s rights to education and equal opportunities.
Without this assistance, the intricate laws tend to get overwhelming. The right lawyer will provide advice and guidance.
Medical Malpractice Laws in Delaware
One of the biggest reasons that parents of children with cerebral palsy hire law firms are to get justice and compensation. Your child’s disability may have been caused by medical malpractice, but the laws regarding these kinds of cases are extensive and complex.
For instance, a lawyer will help you file a lawsuit within Delaware’s statute of limitations. This law states that you must file within three years of the negligent incident, or you could lose the chance to get compensation. 
Another relevant law to understand requires that you or your lawyer must file an affidavit of merit before you can start a malpractice case. This is a signed statement from a qualified medical professional that indicates your case has value. 
The law can be limiting for genuine victims of malpractice, but in other ways, Delaware laws favor patients. For instance, there is no cap on the amount you can seek from a defendant in a case.
Delaware Disability Rights
You may also find that laws regarding right for the disabled are confusing. It can be challenging to know if your child has been discriminated against or if he or she is being denied access at school or in other situations. A lawyer specializing in disability rights can help you figure it all out.
Both federal and state laws protect the disabled. For example, the Americans with Disabilities Act ensures broad rights and access to both children and adults with disabilities.  Individuals with Disabilities Education Act guarantees disabled children get individualized education services that match what other students receive to the extent it is possible. 
Cases Won by Delaware Cerebral Palsy Lawyers
Cerebral palsy lawyers in Delaware have won numerous cases for their clients. They have helped them seek justice for their children who were harmed by medical malpractice and also helped them win the compensation that will help cover their costs of care for years to come.
One of these cases was filed in 2014 after a baby was born with permanent paralysis in one arm. The obstetrician who delivered the baby pulled too hard when the shoulder was stuck in the birth canal. The drawing and stretching damaged the nerves leading to the arm and caused the disability that the child will live with forever.
The jury in the case agreed that the doctor was negligent and awarded the family $3 million. 
In another case, a newborn baby developed jaundice in 2003. The medical staff neglected to treat the condition, which, if untreated in a baby, can cause brain damage. The child did suffer brain damage and developed cerebral palsy, but also died within a few days. The jury awarded the family $6.5 million because they agreed that the baby was discharged from the hospital too soon.
How to Find the Right Lawyer for Your Child
These cases are unfortunate, but they do highlight what the right lawyer can do for families who have suffered because of medical negligence. To find the lawyer that will help your child, make sure you search for those professionals who specialize in malpractice and birth injuries.
You need this expertise, not a general lawyer, to go up against big insurance companies and their legal teams. Check with other parents with disabled children for recommendations and contact the state bar association to find lawyers with the right experience and a solid reputation.
Cerebral palsy is a lifelong condition, but it doesn’t mean your child can’t have a good life. Get the justice your child deserves, and the compensation that will provide the best care, by hiring a good Delaware cerebral palsy lawyer.
- 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
- Medical liability/Malpractice merit affidavits and expert witnesses. (2014, June 24). Legislative News, Studies and Analysis | National Conference of State Legislatures.
Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.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
- 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/
- News Journal staff. (2017, September 28). Big awards in Delaware malpractice cases. Delawareonline.
Retrieved from: https://www.delawareonline.com/story/news/local/2017/09/28/delaware-malpractice-cases/712236001/