Indiana Cerebral Palsy Lawyer

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Contact an Indiana cerebral palsy lawyer to get justice for your child who is disabled due to medical mistakes. If you believe medical negligence caused your child’s cerebral palsy, you may have a solid case for a medical malpractice lawsuit and recovering damages. The right lawyer can also help you if your child has experienced discrimination.

Does Medical Malpractice Cause Cerebral Palsy?

Cerebral palsy is a lifelong condition that causes varying disabilities and associated conditions. The underlying cause of cerebral palsy is brain damage, which can result from many different factors.

Medical malpractice may cause cerebral palsy if a healthcare provider makes a preventable mistake in care that leads to your baby’s brain damage and disabilities.

When 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.

These children are often discriminated against or not provided adequate services, especially at school, as required under state and federal laws, like the Americans with Disabilities Act.[1] If you think your child is not getting what they need, you may need a lawyer.

How Can an Indiana Cerebral Palsy Lawyer Help My Family?

The laws related to 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.

How to Find 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 Laws 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.

Indiana Statute of Limitations

You’ll work best with your lawyer if you understand some of the state’s medical malpractice laws. For example, there is a time limit for filing a lawsuit.

You have just two years from when the medical error occurred to file. The time limit may be extended to two years from when you discovered or should have reasonably discovered the negligent incident.[2]

Medical Review Panel

You must also file a complaint with Indiana’s medical review panel before submitting the lawsuit. Experts on the board hear testimony and review medical records to determine if a case has merit before it can proceed.[3]

The panel findings are not definitive but can be used in court during a trial. You need the right lawyer to have a good case that will pass the review panel.

How Much Compensation Can I Get for My Child with Cerebral Palsy?

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 In Indiana

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 people with disabilities and provide access, but they are often violated.

Indiana Lawyers Win for Children with Cerebral Palsy

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.[4]

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, seek the assistance of a lawyer to help them get the services they deserve.