This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.
For any content issues please Contact Us.
If your child was diagnosed with cerebral palsy due to medical negligence, an experienced Idaho cerebral palsy lawyer might be able to assist you. A qualified attorney has expertise in the areas of the law that impact disabled children. Let a lawyer help your family decide what legal action to take and, if needed, ensure your child has equal opportunities at school and beyond.
Why Families Hire Idaho Cerebral Palsy Lawyers
Cerebral palsy is a condition caused by brain damage. Several factors can cause brain damage, and sometimes the exact cause is unknown. In some cases, it results from medical errors. If you suspect medical negligence caused your child’s disabilities, you need a cerebral palsy lawyer.
An Idaho cerebral palsy lawyer may be necessary if you suspect malpractice. To get justice and compensation from those responsible, you will need this experienced professional.
Get Matched with a Leading Birth Injury Attorney in Your AreaGet Help Now
Another situation in which you may need to hire a lawyer is if your child is experiencing discrimination or being denied appropriate school services.
Your child has a right to an education, just like any other, and to make sure that happens, you may need a lawyer on your side.
How an Idaho Cerebral Palsy Lawyer Can Help
Whether you’re facing the possibility that your child’s disability resulted from malpractice, or you worry they are experiencing discrimination, a lawyer with expertise in the right kinds of laws can educate you and help you decide what to do next. This is a difficult time with a lot of confusing information and options, but a good lawyer can provide compassionate expert guidance.
Some of the specific things that the right lawyer can help you with include:
- Filing a medical malpractice lawsuit
- Investigating to find evidence of malpractice
- Making a strong case to prove negligence and malpractice
- Negotiating with the defendant’s lawyers to get your child fair compensation
- Establishing a trust for your child’s future care
- Getting your child access to appropriate educational services at school
- Ensuring your child’s special education plan is being followed at school
- Fighting an organization that is discriminating against your child
- Accessing government benefits for your child
Finding the Right Lawyer
If you do feel your family can benefit from the services of a lawyer, make sure you hire only one who specializes in cerebral palsy, birth injuries, medical malpractice, or disability rights.
This expert knowledge will give you the best chances of getting what your child needs, whether compensation or access and opportunities.
Local organizations for disabled people in the community or disabled rights are great places to start your search for a good lawyer.
You can also ask other parents you know who have gone through a similar situation and check with the Idaho State Bar to find an expert lawyer in good standing. Be selective in choosing who will represent your family and work on behalf of your child.
Idaho Medical Malpractice Legislation
When you hire the right lawyer to help your family, they will bring expert knowledge of the laws that guide medical malpractice cases. You should also have a basic understanding of these laws to make smarter choices for your child.
One fundamental law to understand in any state is the statute of limitations. Being unaware of this law could prevent you from filing a lawsuit. In Idaho, the law limits you to starting a case within two years of the negligent incident.
You should also be aware that if you are found to have any negligence in your child’s disability, for instance, by not following a doctor’s suggestions, any damages recovered in a case can be reduced. If your negligence is greater than 50 percent, you may not be able to recover any damages.
Idaho also has a cap on non-economic damages, restricting how much you can recover for things like pain and suffering to $400,000. This cap is adjusted regularly for inflation.
Before filing a lawsuit in Idaho, you will have to submit a claim for pre-litigation screening.
The panel gets to decide if your case has merit or if it is frivolous, and it can also recommend an amount for damages. This step is difficult to maneuver without a knowledgeable lawyer by your side.
Your child will be living with disabilities for the rest of their life. That means possibly facing discrimination and denial of access to education, transportation, housing, and later, work. Yet, some laws protect your child.
The federal education laws apply in all states and ensure that your child gets a free and appropriate education. The Americans with Disabilities Act protects your child from discrimination and denial of access in public places, in employment, and in other situations.
Idaho’s state laws also protect the disabled. The civil rights laws in the state are similar to federal regulations. You must file a complaint with the state’s Commission on Human Rights to make a case. This is something a disability rights lawyer can help you do successfully.
Idaho Cerebral Palsy Cases
Idaho cerebral palsy attorneys are always fighting for victims of medical malpractice and discrimination.
One case involved a child born in Boise with jaundice. While not uncommon in a newborn, jaundice can worsen and lead to a type of brain damage called kernicterus if not treated.
The mother’s concerns about the child were not taken seriously, and doctors misdiagnosed the baby with an ear infection. When he finally got the correct diagnosis and treatment, the baby had suffered enough damage to cause severe cerebral palsy.
A lawyer helped the family get a settlement for his care in a medical malpractice case.
An Idaho cerebral palsy lawyer is a professional with particular expertise, compassion, and sensitivity for working with families of disabled children.
You may need one of these lawyers if your child has been diagnosed with cerebral palsy and will live with this condition for the rest of their life.
An Expert Idaho cerebral palsy attorney can help you get justice, compensation, and equal opportunities for your child.
- 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
- State of Idaho. (2019, July 16). Non-economic damages cap. Industrial Commission.
Retrieved from: https://iic.idaho.gov/wp-content/uploads/2022/06/Benefits-Non-economic-caps-thru-2022.pdf
- 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
- Overview- Understanding Prohibited Practices. (n.d.). Idaho Human Rights Commission.
Retrieved from: https://humanrights.idaho.gov/Idaho-Law/Overview
- Most Americans will be victim of wrong or late diagnosis: Report. (2015, September 22). NBC News.
Retrieved from: https://www.nbcnews.com/health/health-news/getting-it-wrong-everyone-suffers-wrong-or-late-diagnosis-n431496