A Kentucky cerebral palsy lawyer is a valuable ally for families and parents of children diagnosed with this lifelong disability. Cerebral palsy causes a number of disabilities, conditions, and symptoms that vary by individual, but most children with it need costly and ongoing treatment, therapy, and care. If your child’s condition was cause by a medical mistake, you may want to take legal action.
A lawsuit against those responsible for the brain damage that caused your child’s cerebral palsy helps hold medical professionals accountable but also provides compensation for families to provide care. If you are in this situation, you need a lawyer with the right experience and knowledge to guide you through the legal process and to help you make some very important decisions.
Why You Might Need a Cerebral Palsy Lawyer in Kentucky
If your child was born in the state with cerebral palsy, or if you currently live in Kentucky with a disabled child, you may need a good lawyer in a number of situations. Cerebral palsy is sometimes caused by 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 to help you file a medical malpractice lawsuit if that’s what the step you choose to take.
And, if your child living in the state is experiencing discrimination, is being denied access to rights guaranteed by federal and Kentucky civil rights laws, you will need an appropriate lawyer. Some examples of situations in which you may need a disability rights lawyer include your child’s school not following the individual education plan, losing government disability benefits, or experiencing discrimination at school or another public space.
How Kentucky Cerebral Palsy Lawyers Help Families
There are many ways in which this kind of lawyer can help your family. First, if you think that medical malpractice caused your child’s condition, a lawyer with expertise in these laws can keep you informed, tell you if you have a strong case, file your lawsuit against those responsible, and work hard to give you the best chances of recovering damages. Those damages will help your family provide the treatment and care your child needs now and in the future.
A lawyer can also help you with other financial issues, like establishing a trust or conservatorship for your child if he or she will need lifelong support and will not be able to live independently. If your child is not receiving full services at school, such as an individual education plan, assistive devices, special 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 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 parents 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 you are dealing with something as important 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 to get the expertise and experience you need to win your case.
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 important. Many of these laws put restrictions and limits on victims trying to seek justice, so it helps to understand them at least on a basic 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 lawsuit can be filed more than five years later.
Another law that seriously limited victims’ rights required that plaintiffs in malpractice cases go before a medical review panel before filing. The purpose is to reduce frivolous lawsuits, but the real 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 now 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 important laws include the Individuals with Disabilities in Education Act, the Technology-Related Assistance for Individuals with Disabilities Act, and others. These 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 being violated or discrimination. Courts in the state 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 have been successfully won for victims and their families, thanks to the hard work and expertise of legal teams. In one important 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 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 agreed that the staff failed in providing the proper duty of care for the Hamiltons.
Cases like these highlight the important role played by Kentucky cerebral palsy lawyers. They give victims the chance to fight for justice and to recover damages that are so 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.