Kentucky Cerebral Palsy Lawyer

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Call a Kentucky cerebral palsy lawyer if you believe 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.

Did Medical Negligence Cause My Child’s Cerebral Palsy?

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.

Negligence occurs when a doctor or other healthcare professional fails to provide adequate care, resulting in harm to the patient. Many mistakes during pregnancy, labor, and delivery can lead to brain damage in a baby and resulting disabilities.

When Do I Need a Kentucky Cerebral Palsy Lawyer?

If your baby was a victim of medical negligence, you could have a case for medical malpractice. Filing a lawsuit can help you get a settlement that will cover your child’s treatment and care costs.

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.

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

This kind of lawyer can help your family in many ways. 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 need lifelong support and cannot 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.

Kentucky 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.

Statute of Limitations

One law that affects your case 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.[1]

There may be some exceptions, but no suit can be filed more than five years later.

Affidavit of Merit

Kentucky law requires plaintiffs to file an affidavit of merit with medical malpractice lawsuits. This document, signed by a qualified medical professional, states that the case has merit.[2] The law is designed to reduce frivolous lawsuits.

The Kentucky Supreme Court recently ruled one of the state’s medical malpractice laws unconstitutional. Previously, plaintiffs were required to present their case to a medical review board before filing. You no longer have to go through the review panel to start a malpractice lawsuit.[3]

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.[4]

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.[5]

These acts ensure your child has access to a free, appropriate education, including special services, technology aids, and assistive devices.

Kentucky also has state laws protecting people with disabilities. The state’s Human Relations Commission takes complaints regarding rights violations or discrimination.[6]

Courts in Kentucky are allowed to award damages in the case of discrimination against someone with disabilities.

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

Compensation amounts in cerebral palsy cases vary significantly. They depend on the individual factors in each case. Your lawyer can provide you with a reasonable estimate of what you might get in a settlement.

There are many examples of cases in Kentucky that lawyers have successfully won for victims and their families. These can give you an idea of what compensation is possible.

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 to provide 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.