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If medical negligence caused your child’s disorder, a Georgia cerebral palsy lawyer could be a valuable asset in obtaining justice. An experienced attorney can guide you through the legal process and help you fight for damages to provide care for your child. A qualified attorney can also assist you if your child has been discriminated against.
Who Needs a Georgia Cerebral Palsy Lawyer?
Sometimes it is impossible to determine the reason a child develops cerebral palsy. In other cases, however, the cause is medical negligence. Filing a malpractice case without legal representation is not recommended since Georgia laws are intricate when it comes to cerebral palsy cases.
A knowledgeable Georgia cerebral palsy attorney understands the laws and knows each step to take to ensure you have the best chances of success.
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As your child grows, they could also come up against discrimination. Under federal law and state laws, disabled people have the right to equal access and opportunity in many areas of life.
Without an experienced lawyer to guide you, knowing what to do about discrimination can be challenging.
How a Lawyer Can Help Your Family
A Georgia cerebral palsy lawyer can help you, your family, and your disabled child in several ways.
The first and most important factor is finding out if you have a valid case. It can be overwhelming sorting through medical records to see if you can prove medical negligence, but this is where a reputable attorney steps in.
A lawyer specializing in cerebral palsy cases knows how to find the evidence and can tell you if you have a strong enough case. An attorney can then help you go up against the legal teams working for the defendants.
The right law firm will have the expertise and experience to give you a good chance of proving your case and winning the compensation that will help your family cope with the high costs of care for a disabled child.
If your child is later discriminated against, a civil rights lawyer can help you get justice. They can also help you ensure that the institutions denying access to your child will be challenged and forced to change. This kind of legal help can be life-changing for a child facing discrimination.
Finding a Georgia Cerebral Palsy Lawyer
To get the best help for your child’s legal needs, be sure you work only with a lawyer or law firm specializing in medical malpractice or disability rights.
These cases are complicated and require unique expertise. The state bar association can help you find a lawyer with the right qualifications, as can anyone in the disability community, including other parents and community organizations.
As you search for the right Georgia cerebral palsy lawyer, take some time to interview more than one. You want to act quickly but also find the lawyer you feel comfortable having on your child’s side.
Ask questions about the attorney’s experience in similar cases, and insist on references to help you feel good about your choice.
Medical Malpractice in Georgia
Each state sets medical malpractice laws. They are notoriously complex and often favor the defendants, not the victims, which is one reason you need a good lawyer on your side, but it also helps to have a basic understanding of what they are.
For instance, the statute of limitations on malpractice cases is two years from the negligent action or from when it was discovered. If you are unaware of this law, you may miss your chance to file a lawsuit.
Georgia also requires that plaintiffs in these cases file an affidavit before beginning a malpractice suit, meaning testimony from a qualified medical expert stating that your claim has merit. A lawyer can help you find the expert to do this.
A cap on the amount of compensation you can recover for non-economic costs was deemed unconstitutional by the Georgia Supreme Court.
Disability Rights in Georgia
Understanding disability rights in the state is essential as you raise a child with cerebral palsy. Even so, it can be challenging to understand the laws and what it means for your child, which is why a lawyer with civil rights expertise can be helpful.
Many rules apply, including federal laws like the Americans with Disabilities Act and the Technology-Related Assistance for Individuals with Disabilities Act. Some state laws may also apply.
Birth Injury Cases in Georgia
Lawyers in Georgia dedicated to helping families victimized by the negligent actions of medical caregivers have won numerous cases. They have helped children and their parents recover damages and hold the responsible hospitals and doctors accountable for their mistakes.
One such case began in 2013 and ended with a $13.9 million verdict for the plaintiff in Gwinnett County, Georgia. The staff at the hospital was found negligent when they failed to perform adequate fetal monitoring on a woman during delivery.
The baby nearly died after being born. She was resuscitated but left with severe brain damage and cerebral palsy. The nurses responsible for the monitoring didn’t detect that the baby was not getting oxygen. The jury award was appealed, but the family’s lawyers could ensure it was upheld.
Another case also originated in Gwinnett County and involved cerebral palsy of a baby that suffered brain damage. A jury in Lawrenceville, Georgia, awarded the child and her mother $30.5 million in 2016.
The mother went to her doctor complaining of not feeling her baby move at 35 weeks. The doctor performed tests and found troubling signs of complications but failed to deliver at the time. Instead, he sent her to the hospital for more monitoring.
A miscommunication led to delays in her care and delayed delivery. The baby was born with brain injury and now has spastic quadriplegic cerebral palsy, among other disabilities.
These cases are just some of the examples of how a Georgia cerebral palsy lawyer can be a family’s best ally when you get the diagnosis of cerebral palsy. The right lawyer can help your family get justice and the compensation your child will need to cover care for years to come.
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- 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
- 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
- Rankin, B. (2010, March 22). State high court overturns state's tort reform. Atlanta Journal-Constitution.
Retrieved from: https://www.ajc.com/news/local-govt--politics/state-high-court-overturns-state-tort-reform/WzhEYW2PMW9EaklB9OwpQK/
- Bryant BR and Seay PC. (n.d.). The technology-related assistance to individuals with Disabilities Act: Relevance to individuals with learning disabilities and their advocates. - PubMed - NCBI. National Center for Biotechnology Information.
Retrieved from: https://www.ncbi.nlm.nih.gov/pubmed/9455173