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If your child has been diagnosed with cerebral palsy and you think it was due to medical negligence, contact an experienced Hawaii cerebral palsy lawyer. A lawyer specializing in medical malpractice can help you take legal action against the responsible party. If your child is being excluded at school or otherwise discriminated against, the right lawyer can also help you take action to ensure their rights.
Why Families Hire Hawaii Cerebral Palsy Lawyers
There are a couple of primary reasons that families of children with cerebral palsy hire a lawyer. The first is to file a medical malpractice lawsuit. If you believe your child’s condition and resulting disabilities could and should have been prevented by better medical care, you need an experienced attorney.
A doctor or other medical professional’s mistake or failure to act could be considered negligence. If you can prove it, you could win compensation for your child’s care.
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Another reason parents may hire a lawyer is related to civil rights laws and disability rights.
Federal and state laws protect people with disabilities from discrimination. If you aren’t sure if your child’s rights are being violated, a lawyer specializing in disability and civil rights can assist you.
How the Right Lawyer Can Help You and Your Child
A Hawaii cerebral palsy lawyer can help you, your family, and your child in many ways. They can provide expertise and investigative skills to prove your case. In terms of medical malpractice, a lawyer specializing in these laws can help you figure out if negligence caused your child’s disability.
A qualified attorney can go up against dominant legal teams that will try to disprove your claim. A lawyer gives you the best chance of winning compensation that will cover your child’s care.
When it comes to disability rights, a good lawyer will help you decide what kind of action to take. You may or may not need to file a lawsuit, for instance. They can help you understand the relevant laws and determine if your child is experiencing discrimination or being denied access to opportunities.
The right lawyer will give you a good chance of ensuring access and equal opportunities for your child.
Hawaii Medical Malpractice Laws
A Hawaii cerebral palsy lawyer will help you make sense of the complex laws that govern medical malpractice cases. But you can also learn a little about the state’s requirements, so you are empowered to make smarter choices.
For instance, the statute of limitations in Hawaii is two years from when the medical mistake occurred. This can be extended to six years if you could not have discovered the error right away.
Also crucial in Hawaii is that you need to submit an inquiry to the state’s Medical Inquiry and Conciliation Panel before you can file a lawsuit. The panel reviews the effects and determines if your case has merit. This is very hard to do without the guidance of a lawyer who specializes in medical malpractice cases.
Further, the damages you can recover for your child for non-economic costs are limited to $375,000 in Hawaii.
Disability Rights in Hawaii
Your child living with disabilities will face discrimination. You may even see your child denied access to school, limiting educational opportunities.
Federal laws such as the Americans with Disabilities Act ensure disabled people have access to opportunities in various settings. Laws like the Individuals with Disabilities Education Act ensure appropriate educational services for your child.
There are also state-level disability and civil rights laws that may apply to your child. A lawyer with expertise in this area can help you determine which rules apply and what to do to get justice for your child.
Hawaii Cerebral Palsy Cases
Hawaii cerebral palsy lawyers work hard to get justice for disabled children and their families. The following are examples in which these legal professionals won cases and significant compensation for their clients.
The cerebral palsy case resulted in a $9 million settlement in 2014. It centered around a boy born at Tripler Army Medical Center in 2010. The mother was at risk for complications, including uterine rupture, but she didn’t receive adequate monitoring during labor.
Her uterus ruptured, and the medical staff did not notice the signs soon enough or perform a Cesarean section in time to save the baby from suffering severe brain damage. He now lives with cerebral palsy and disabilities.
The same Hawaii medical center was the focus of another malpractice case that resulted in $11 million for the family. A little girl, Kayla Mae McCraw, who now has severe cerebral palsy, was born at the Medical Center in 2005. She was born with the umbilical cord around her neck.
The staff did not act quickly enough in response to the signs of fetal distress. By the time the girl was delivered, she had suffered oxygen deprivation.
An intern then made a mistake with a respiratory tube, further delaying oxygen to her brain.
Finding a Hawaii Cerebral Palsy Lawyer
Lawyers like those that helped the families win compensation for their children can also help your family, but you have to find the right ones.
You need a lawyer who specializes in medical malpractice or disability rights. The laws and these cases are too complicated for a general lawyer.
Check with the state bar association or the Hawaii Civil Rights Commission to find a lawyer with the right expertise for your case.
As you sort through lawyers to hire, ask for examples of similar cases they have won. Ask for references from satisfied clients. The right lawyer will be happy to answer your questions.
A Hawaii cerebral palsy lawyer is the best ally you can have when you feel your child is suffering because of medical malpractice or discrimination.
The right lawyer will give you and your child the best chance of winning justice and recovering damages that will provide years of treatment and care.
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- 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
- Limitation on pain and suffering. (n.d.). Hawaii State Legislature.
Retrieved from: https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0008_0007.htm
- 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
- Okita, T. (2010, September 22). Tripler army Medical Center settles $11 million lawsuit. Hawaii News Now.
Retrieved from: https://www.hawaiinewsnow.com/story/13195529/tripler-army-medical-center-settles-11-million-dollar-malpractice-lawsuit/
- Nakaso, D. (2010, September 22). Feds pay $11M to settle lawsuit over Tripler errors. Honolulu Star-Advertiser.
Retrieved from: https://www.staradvertiser.com/2010/09/22/hawaii-news/feds-pay-11m-to-settle-lawsuit-over-tripler-errors/