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An Indiana cerebral palsy lawyer is a legal expert that helps clients get justice for children diagnosed with the disorder after medical mistakes. If you believe medical negligence caused your child’s cerebral palsy, you may have a solid case to get justice. The right lawyer can also help you if your child has experienced discrimination.
Do I Need an Indiana Cerebral Palsy Lawyer?
If you live in Indiana and your child suffered from a medical mistake, you need an Indiana cerebral palsy lawyer. People who have children diagnosed with cerebral palsy often need legal assistance and expertise to seek justice for the malpractice that caused cerebral palsy.
Children living with disabilities from cerebral palsy in Indiana may also need a lawyer specializing in civil rights and disability rights.
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These children are often discriminated against or not provided with adequate services, especially at school, as required under federal and state laws. If you think your child is not getting what they need, you may need a lawyer.
How Indiana Cerebral Palsy Lawyers Help Families and Children
The laws related to the medical malpractice that may have caused your child’s disabilities are complicated and confusing, even for some lawyers. A lawyer who specifically takes on these kinds of cases can provide clarity and guidance for a family.
You may feel as if something is wrong, that your child’s condition should have been prevented, but you don’t know how to prove it or what to do next. An experienced attorney can help.
Your Indiana cerebral palsy lawyer can help you get justice and hold accountable those medical professionals who harmed your child. The right lawyer will help you get compensation through a lawsuit, settlement, or government sources.
A lawyer may also be able to help you if your child is experiencing discrimination. A lawyer with expertise in this area can help you determine if discrimination or denial of service is occurring and what you can do about it.
The lawyer will push organizations and institutions, like your schools, to provide your child with the services guaranteed by law.
Finding the Right Lawyer
If you know any other parents of children with disabilities or other people who have gone through medical malpractice cases, ask for referrals to find a lawyer. You need someone who specializes in these particular cases, not a general lawyer.
Community organizations that help families of disabled children can also point you in the right direction. You can also check with the state bar association for lawyers in good standing and with particular specialty areas.
Medical Malpractice in Indiana
Going up against a doctor or hospital and their insurance companies in a medical malpractice case can be daunting. The laws are complicated, and their legal teams are powerful. This is why you need a lawyer with experience by your side.
You’ll work best with your lawyer if you understand some of the state’s medical malpractice laws. For example, to file a lawsuit, you have just two years from when the medical error occurred or until your child’s eighth birthday if they were under six when it happened.
You will also need to file a complaint with Indiana’s medical review panel before you can submit the lawsuit. Experts on the board hear testimony and review medical records to determine if a case has merit before it can proceed.
The panel findings are not definitive, but they can be used in court during a trial. You need the right lawyer to have a good case that will pass the review panel.
Indiana also has a law that caps the total amount of damages you can recover on behalf of your child at $1.8 million. Some children with severe disabilities will need more than this for lifelong care.
Disability Rights Laws
You may be working with an Indiana cerebral palsy lawyer to ensure your child receives access, opportunities, and services and does not experience discrimination. Federal laws protect the disabled and provide access but are often violated.
Cerebral Palsy Cases in Indiana
Other parents in Indiana have worked with lawyers to get justice and compensation for their disabled children. Many have been successful, thanks to the diligence and expertise of their legal teams. In one case, a child was awarded $15 million by a jury in 2016.
The family and their lawyers proved that the mother did not receive adequate care, which led to the baby being born prematurely. She suffered brain damage and is now a quadriplegic with severe cerebral palsy.
The damages cap legislated in Indiana would reduce that jury award to $1.25 million (before July 2019, the damages cap was $1.25 million). Still, the family’s attorneys argued that the lifelong care of the little girl would be nearly $10 million.
The family is fighting the damages cap, and so far, judges in this case and others have refused to reduce the jury awards to match the cap.
An Indiana cerebral palsy lawyer is your best ally in trying to recover these kinds of damages for your disabled child. Let the right lawyer help you make your case, figure out what steps to take, and win the justice your child deserves.
Or, if your child is experiencing discrimination, help get them the services they deserve with the assistance of the best good lawyer.
- 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
- Family keeps up legal fight against Indiana malpractice cap. (2016, January 4). Indianapolis Business Journal.
Retrieved from: https://www.ibj.com/articles/56480-family-keeps-up-legal-fight-against-indiana-malpractice-cap