Iowa Cerebral Palsy Lawyer

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Iowa cerebral palsy lawyers represent victims of birth injuries caused by medical malpractice. A cerebral palsy diagnosis after medical negligence means you have the right to file a lawsuit against the responsible party. A lawyer specializing in these kinds of cases gives you the best chance of winning your suit and recovering damages.

Does Negligence Cause Cerebral Palsy?

Cerebral palsy is a group of neurological conditions affecting movement, balance, and muscle tone. It causes multiple disabilities ranging from mild to severe. Cerebral palsy is caused by brain damage, which in turn can have many causes.

One of the causes of brain damage in an infant and resulting cerebral palsy is negligent medical care. Medical errors, like forceful use of forceps, failure to order a C-section, or failure to treat maternal infections, can harm a child and cause cerebral palsy.

When those mistakes are preventable, they are considered negligent, and parents may have a case for medical malpractice.

When Do I Need an Iowa Cerebral Palsy Lawyer?

If your child was diagnosed with cerebral palsy, there is a chance that a preventable medical mistake caused the brain damage that led to this condition.

You may not be sure what caused your child’s cerebral palsy. This is why you need an Iowa cerebral palsy lawyer. The right lawyer will investigate, gather evidence, and determine if you should file a medical malpractice lawsuit.

If your child is school-aged and living with cerebral palsy, you may need a lawyer to help ensure they get all the educational services, access, and opportunities to which they are entitled.

Federal and state laws guarantee disability rights, and if an institution is violating your child’s rights, you may need to take legal action.

How Can a Cerebral Palsy Lawyer Help My Child?

Iowa cerebral palsy lawyers are not just general lawyers. They are experts in medical malpractice laws in the state and birth injuries and cerebral palsy. They can help you better understand the complicated requirements and what steps you need to take to get justice for your child.

A medical malpractice case means going up against the large legal teams of insurance companies. You can’t do this alone; the right lawyer will give you the best chance of making a successful case.

With a good lawyer by your side, you have a chance to hold accountable those medical professionals whose inadequate care caused your child’s disability.

While that justice feels good, what’s even more helpful is getting compensation to provide for your child’s needs over the years.

A good lawyer can ensure your child has access to any school services necessary for a free and appropriate education.

Iowa Medical Malpractice Laws

Every state has its own set of laws regarding medical malpractice lawsuits, which is why these cases can be so complicated. You need to know the rules in the state to make the best decisions, even when relying on a knowledgeable lawyer.

In Iowa, the statute of limitations on these cases is two years. This means you have two years from the time of the negligent incident or when you discovered it occurred to file a lawsuit.

There is a hard limit of six years after the event.[1] After that point, you can no longer seek justice through the court system.

Reforms enacted in 2017 in Iowa instituted an affidavit of merit requirement for medical malpractice cases.

Before filing a lawsuit, you must come up with this affidavit that proves your claim is valid and not frivolous.[2] An expert witness must sign it.

It can be tough to come up with this certificate without the help of a lawyer familiar with these kinds of cases. Iowa also added a cap of just $250,000 on non-economic damages, so you will be limited in how much you can recover for pain or emotional suffering.

Disability Rights in Iowa

Federal laws like the Americans with Disabilities Act and the Individuals with Disabilities Education Act provide equal rights, access, and opportunities for people with disabilities in every state.[3][4] The Iowa Civil Rights Act also ensures rights and access.

A lawyer with experience in these cases can help you hold institutions accountable for anti-discrimination laws.

For instance, your disabled child is entitled to a free and appropriate education. Their public school must offer special education services, accommodations, devices, and technology.

If the school falls short, you can take legal action.

How Much Compensation Can My Child Get for Cerebral Palsy?

Your lawyer can provide an estimate of how much compensation you can expect. Every case is different. Compensation amounts depend on individual factors.

In a recent case in Iowa, a family won over $14 million after having a child with severe disabilities from cerebral palsy. During pregnancy, the mother had been told that the fetus was in good health when, in reality, there were severe abnormalities.

The parents were never given all the information. Therefore, they didn’t have the opportunity to decide to have a termination. Their child now needs millions of dollars in care. The mother had to quit her job to stay home.

How to Find an Iowa Cerebral Palsy Lawyer

It may be time to find a lawyer to guide you in your next steps and help your child. You need a lawyer who works explicitly on these kinds of cases, so start your search by asking the parents in your disability community.

Those who have been through similar situations before may have great recommendations. Local advocacy and rights groups may also be able to point you toward a good lawyer. The State Bar Association can also help you search for a lawyer with the right expertise.

If your family has a child diagnosed with cerebral palsy, taking legal action might not be your first thought.

Yet, a lawsuit can be crucial in getting justice for the harm caused to your child and recovering damages to provide them with proper care for life.

Let an Iowa cerebral palsy lawyer help your family settle this legal matter so you can move on with your lives.