• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Cerebral Palsy Guidance

Answers and Assistance

877-862-8594phone iconCall
  • Cerebral Palsy
    • Types
    • Symptoms
    • Diagnosis
    • Prognosis
    • Causes
    • Associated Disorders
    • Gross Motor Classification System
    • Treatment
    • Life Expectancy
    • Myths
    • Risk Factors
    • Support Groups
    • Research
    • United Cerebral Palsy Association
    • Birth Injury Overview
  • Living With Cerebral Palsy
    • Daily Communication
    • Physical Fitness
    • Toilet Training Tips
    • Eating and Feeding Tips
    • Wheelchairs and Scooters
    • Walkers, Canes, and Standers
    • Falling Issues
    • Augmentative and Alternative Communication (AAC)
    • Conductive Education
    • Tips For Better Sleeping
    • Traveling Tips
    • Sports
    • Bullying
    • Inclusive Playgrounds
    • Respite Care
    • Transitioning to Adulthood
    • Vocational Counseling
    • College Guide
    • Finding a Job
    • Having Children
    • Costs
  • Financial Assistance
    • Government Assistance
    • Special Education Assistance
    • Cerebral Palsy Lawyer
    • Cerebral Palsy Lawsuit
  • Our Blog
  • About Us
  • Contact Us
lawyer reading
Home > Cerebral Palsy Lawyer > Indiana Cerebral Palsy Lawyer
Last Updated: May 16, 2022

Indiana Cerebral Palsy Lawyer

Page Written by Robert Wharton, Esquire
Page Written by Robert Wharton, Esquire

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.

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.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

These children are often discriminated against or not provided with adequate services, especially at school, as required under federal and state laws.[1] 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.[2]

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.[3]

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.[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, help get them the services they deserve with the assistance of the best good lawyer.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

References

  1. 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
  2. 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
  3. 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
  4. 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
View All References
Page Written by Robert Wharton, Esquire

Page Written by Robert Wharton, Esquire

Robert Wharton is an experienced cerebral palsy and birth injury attorney. His law firm handles medical malpractice cases throughout the United States. He has been selected multiple times as a “Super Lawyers – Rising Star”, and was honored as a “Top 40 Under 40” lawyer by the National Trial Lawyers Association.

See Full Bio

Primary Sidebar

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now
Cerebral Palsy
Cerebral Palsy in Newborns
Cerebral Palsy in Toddlers
Severe Cerebral Palsy
Types of Cerebral Palsy
Ataxic
Atonic (Hypotonic)
Dyskinetic Athetoid
Dystonic
Hypertonic
Mixed
Non-Spastic
Spastic
Spastic Diplegia
Spastic Hemiplegia
Spastic Quadriplegia
Cerebral Palsy Symptoms
How Cerebral Palsy Affects the Brain and Body Parts
Cerebral Palsy Causes
Birth Asphyxia
Prolonged Labor
Delayed C-Section
Forceps Delivery Injuries
Vacuum Extractor Injuries
Nuchal Cord Birth Injuries
Uterine Rupture and Birth Injury
Hypoxic Ischemic Encephalopathy (HIE)
Intraventricular Hemorrhage (IVH)
Failure to Diagnose
Chorioamnionitis
Improper NICU Care
Traumatic Brain Injury
Meconium Aspiration Syndrome
Hydrocephalus
Pitocin Errors
Anesthesia Errors
Infertility Drugs
Cerebral Dysgenesis and Cerebral Palsy
Jaundice
Periventricular Leukomalacia (PVL)
Placental Problems
Epidural Hematoma
Perinatal Stroke
Acquired Brain Injuries and Cerebral Palsy
Cerebral Palsy Associated Disorders
Mobility Issues
Pain
Cognitive Issues
Developmental Delays
Cerebral Palsy and Post-Impairment Syndrome
Seizures
Epilepsy
Malnutrition
Respiratory Health
Hearing Problems
Vision Impairment
Arthritis
Depression
Sleep Issues
Dysphagia
Oral Health Issues
Skin Conditions
Digestive Issues and Health
Emotional Issues
Behavioral Disorders
Autism
Down Syndrome
ADHD
Diabetes
Cerebral Palsy Diagnosis
Imaging Tests
Cerebral Palsy Prognosis
Cerebral Palsy Gross Motor Classification System
Cerebral Palsy Treatment
Cerebral Palsy Specialists
Nutrition Therapy
Chiropractic Care
Hyperbaric Oxygen Therapy
Medications
Seizure Medications
Anticonvulsants
Muscle Relaxants
Stem Cell Therapy
Surgery
Aquatic Therapy
Acupuncture Therapy
Botox Treatment
Hippotherapy
Occupational Therapy
Speech Therapy
Massage Therapy
Physical Therapy
Homeopathy
Yoga
Pilates
Intensive Suit Therapy
Medical Marijuana
Functional Electrical Stimulation
Osteopathic Manipulation
Anat Baniel Method and NeuroMovement
Pet Therapy
Cerebral Palsy Cure
Cerebral Palsy Life Expectancy
Cerebral Palsy Risk Factors
High-Risk Pregnancy
Risk Factor Causal Pathways
Premature Birth
Birth Complications
Post-term Pregnancy
Intrauterine Growth Restriction
Maternal and Fetal Infections
Blood Type Incompatibility
Multiple Births
Parental Habits and Health
Cerebral Palsy Support Groups and Organizations
Cerebral Palsy Research
Cerebral Palsy History
Facts and Statistics
Prevalence and Incidence
Cerebral Palsy Myths
Cerebral Palsy Prevention
Cerebral Palsy Misdiagnosis
United Cerebral Palsy Association
Living With Cerebral Palsy
Costs
Orthopedic Health
Neurological Health
Daily Communication
Physical Fitness
Abuse
Toilet Training Tips
Eating and Feeding Tips
Wheelchairs and Scooters
Wheelchair-accessible Vans
Walkers, Canes, and Standers
Adaptive Bikes
Affordable Transportation
Assistive Technology
Falling Issues
Home Modifications
Augmentative and Alternative Communication (AAC)
Conductive Education
Tips For Better Sleeping
Traveling Tips
Sports
Bullying
Inclusive Playgrounds
Respite Care
Faith
Engaging in the Arts
Transitioning to Adulthood
LGBT
Vocational Counseling
College Guide
Teacher Tips for Inclusive Classrooms
Finding a Job
Having Children
Veterans
Fostering or Adopting a Child with CP
Enjoying the Great Outdoors
Emergency Preparedness
Financial Assistance
Government Assistance
Title V MCH Benefits
Special Education Assistance
Cerebral Palsy Lawyer
Alabama
Huntsville
Alaska
Anchorage
Arizona
Phoenix
Arkansas
Little Rock
California
Los Angeles
Colorado
Denver
Connecticut
Bridgeport
Delaware
Wilmington
Florida
Jacksonville
Georgia
Atlanta
Hawaii
Honolulu
Idaho
Boise
Illinois
Chicago
Indiana
Indianapolis
Iowa
Des Moines
Kansas
Wichita
Kentucky
Louisville
Louisiana
New Orleans
Maine
Portland, Maine
Maryland
Baltimore
Massachusetts
Boston
Michigan
Detroit
Minnesota
Minneapolis
Mississippi
Jackson
Missouri
Kansas City
Montana
Billings
Nebraska
Omaha
Nevada
Las Vegas
New Hampshire
Manchester
New Jersey
Newark
New Mexico
Albuquerque
New York
New York City
North Carolina
Charlotte
North Dakota
Fargo
Ohio
Columbus
Oklahoma
Oklahoma City
Oregon
Portland
Pennsylvania
Philadelphia
Rhode Island
Providence
South Carolina
Columbia
South Dakota
Sioux Falls
Tennessee
Nashville
Texas
Houston
Utah
Salt Lake City
Vermont
Burlington
Virginia
Virginia Beach
Washington
Seattle
West Virginia
Charleston
Wisconsin
Milwaukee
Wyoming
Cheyenne
Medical Malpractice
Claim for Compensation
Lawsuit
Settlement
Statute of Limitations
Life Care Plan
Goals
Evaluation
Diagnosis
Care Team
Record Keeping and Documents
Birth Injury
Treatment
Causes
Failure to Monitor
Symptoms
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Skull Fracture
Treatment
Symptoms
Causes
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Brain Damage
Prognosis
Symptoms
Causes
Treatment
Lawyer
Lawsuit
Claim for Compensation
Settlement
Infant Wrongful Death
Causes
Intrauterine Fetal Demise (Stillbirth)
Claim for Compensation
Lawyer
Settlement
Lawsuit
Grieving the Loss of a Baby
Erb’s Palsy
Symptoms
Prognosis
Treatment
Causes
Lawyer
Settlement
Lawsuit
Claim for Compensation
Brachial Plexus Injury
Causes
Prognosis
Symptoms
Treatment
Lawyer
Lawsuit
Settlement
Claim for Compensation
Klumpke’s Palsy
Lawyer
Lawsuit

© 2023 CerebralPalsyGuidance.com · Privacy Policy · Disclaimer

The information provided by CerebralPalsyGuidance.com is not a substitute for professional medical advice, diagnosis, or treatment.

  • Cerebral Palsy
  • Living With Cerebral Palsy
  • Financial Assistance
  • Our Blog
  • About Us
  • Contact Us
210 W. Division St. Syracuse, NY 13204

We provide nationwide assistance

Facebook Twitter
Learn About Our Editorial Guidelines