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.
A Kentucky cerebral palsy lawyer is a valuable ally if medical mistakes caused your child’s disabilities. A successful lawsuit holds medical professionals accountable and provides compensation to help with the child’s expenses. If you are in this situation or if your child has been discriminated against, you need a lawyer with the right experience and knowledge to guide you.
Why You Might Need a Cerebral Palsy Lawyer in Kentucky
Cerebral palsy sometimes results from medical negligence. If you suspect this happened with your child and that poor care or a mistake led to the condition, you will need a lawyer to guide you and help you file a medical malpractice lawsuit.
Keep in mind that Kentucky, like many other states, has a specific set of intricate legal steps you must take when filing a medical malpractice lawsuit. An experienced Kentucky cerebral palsy lawyer knows the steps thoroughly and will help ensure no mistakes are made.
Get Matched with a Leading Birth Injury Attorney in Your AreaGet Help Now
Also, if your child living in the state is experiencing discrimination and is being denied access to rights guaranteed by federal and Kentucky civil rights laws, you will need an appropriate lawyer. For example, a disability rights lawyer can help if your child’s school isn’t following the individual education plan required for disabled children.
A lawyer can also help with government disability benefits or if your child is experiencing discrimination in any public place.
How Kentucky Cerebral Palsy Lawyers Help Families
There are many ways this kind of lawyer can help your family. First, if you think medical malpractice caused your child’s condition, a lawyer with expertise in these laws can keep you informed.
A reliable Kentucky cerebral palsy lawyer can tell you if you have a strong case and file your lawsuit against those responsible. They’ll also work hard to give you the best chances of recovering damages.
A lawyer can also help you with other financial issues, like establishing a trust or conservatorship for your child if they will need lifelong support and will not be able to live independently.
If your child is not receiving full services at schools, such as an individual education plan, assistive devices, education interventions, or access to playgrounds, a lawyer can help you fight for these services and access. A good lawyer will help you go up against the organizations that discriminate against your child or deny them opportunities.
How to Find a Kentucky Cerebral Palsy Lawyer
The ideal way to find a lawyer is through someone you know and trust who has been in a similar situation. If you have a local parent group for disabled children, find out if anyone else has used a lawyer they liked and trusted. Also, you can check with the state’s bar association to search for a lawyer with the right specialty.
When dealing with something as crucial as getting justice, compensation, or rights for your child, you need a lawyer with more than just general experience. Look for a law firm or attorney specializing in medical malpractice, cerebral palsy and birth injuries, or disability rights.
Medical Malpractice Laws
The laws that govern medical malpractice cases vary by state and are complicated. This is one reason having the right Kentucky cerebral palsy lawyer on your side is essential.
Many of these laws put restrictions and limits on victims trying to seek justice, so it helps to understand them, at least on a fundamental level.
One law that may limit your case, for instance, is the statute of limitations. This law states that you have just one year after discovering that your child suffered from medical negligence to file a lawsuit.
There may be some exceptions, but no suit can be filed more than five years later.
Another law that seriously limited victims’ rights required plaintiffs in malpractice cases to go before a medical review panel before filing.
The purpose is to reduce frivolous lawsuits, but the actual effect has been to prevent real victims from seeking justice.
Since the law passed, judges have struck it down in specific cases, and recently the Kentucky Supreme Court also ruled it unconstitutional. You no longer have to go through the review panel to start a malpractice lawsuit.
Disability Rights in Kentucky
In any state, your child will have rights under federal laws. These provide access to public spaces and protect against workplace discrimination, for example, through the Americans with Disabilities Act.
For school-aged children, other essential requirements include the Individuals with Disabilities in Education Act, the Technology-Related Assistance for Individuals with Disabilities Act, and others.
These acts ensure your child has access to a free, appropriate education, which may include special services, technology aids, and assistive devices.
Kentucky also has state laws protecting the disabled. The state’s Human Relations Commission takes complaints regarding rights violations or discrimination.
Courts in Kentucky are allowed to award damages in the case of discrimination against someone with disabilities.
Successful Cerebral Palsy Cases in Kentucky
There are many examples of cases in Kentucky that lawyers have successfully won for victims and their families. In one case, mother Brittany Hamilton and her lawyers won $18.3 million for her disabled son. Tristan has spastic quadriplegia, a severe form of cerebral palsy.
Born at T.J. Samson Hospital, Tristan suffered brain damage that caused his cerebral palsy. Hamilton’s doctor wrote an order for nurses to administer a certain amount of Pitocin, a drug used in the delivery of babies.
The nurses used more than the doctor ordered and also failed to stop the administration of an epidural, contrary to the doctor’s orders. These and other issues led to brain damage in Tristan, which resulted in his disabilities.
The jury in the trial took just 90 minutes to agree that the hospital owed the family damages. They decided that the staff failed in providing the proper duty of care for the Hamiltons.
Cases like these highlight the vital role played by Kentucky cerebral palsy lawyers. They give victims the chance to fight for justice and recover damages that are important in providing lifelong care for disabled children.
If you have a child with cerebral palsy, find the right lawyer to work with and help your family.
- 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
- 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
- Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
Retrieved from: https://sites.ed.gov/idea/
- File a Complaint. (n.d.). Kentucky Commission on Human Rights.
Retrieved from: https://kchr.ky.gov/Pages/File-a-Complaint.aspx
- Overstreet, M. (2014, November 25). Updated: Mother in $18.3M verdict says money will provide security for son. Glasgow Daily Times.
Retrieved from: https://www.glasgowdailytimes.com/news/updated-mother-in-m-verdict-says-money-will-provide-security/article_bf004632-7512-11e4-bef2-9379ddcca05d.html