Kentucky Cerebral Palsy Lawsuit Filing Process

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The lawsuit filing process for cerebral palsy cases in Kentucky may seem daunting, but armed with the right knowledge and an expert lawyer, you’ll have a fighting chance of obtaining justice. If medical mistakes harmed your child or if they’ve been discriminated against, it’s important to have a basic understanding of the legal steps you need to take.

Types of Lawsuits to File for a Child with Cerebral Palsy in Kentucky

If your child has cerebral palsy, there may be a few reasons to file a lawsuit. Two main types of cerebral palsy lawsuits or legal actions may apply:

• Medical malpractice lawsuits. You may submit this kind of trial if you believe you can prove that medical negligence caused or contributed to your child’s disabilities. Medical malpractice means that a doctor or other medical caregiver caused significant harm to a patient by failing to provide an adequate standard of care.

• Discrimination complaints and lawsuits. State and federal laws ensure that disabled individuals do not experience discrimination, but it still happens. When those laws are violated, you can get a resolution by filing a complaint with the appropriate government agency. Kentucky also allows for civil lawsuits. You can file a lawsuit against the responsible individual or organization for justice and possibly damages.

Do I Need a Lawyer to File a Cerebral Palsy Lawsuit in Kentucky?

When you face the need to take legal action on behalf of your child, the entire process can feel intimidating and even impossible.

With an experienced cerebral palsy lawyer to guide you and a better understanding of the filing process, you’ll likely get through it more confidently.

Start your search for the right lawyer by looking for someone specializing in these kinds of cases. You should work with a lawyer who has handled similar lawsuits and worked with clients with disabilities.

The bar association for the state can help you with your search. You might also want to get referrals from local organizations that work with disabled community members or from other parents you know who have been in similar situations.

How to File a Medical Malpractice Lawsuit in Kentucky

Before launching into the filing process for medical malpractice and a cerebral palsy lawsuit, it’s important to understand the essential details.

An understanding of the laws and the steps you’ll have to go through can make the process a lot easier and less stressful:

• Statute of limitations. Before starting the lawsuit process, you must ensure you are within the statute of limitations. According to Kentucky law, you must file a malpractice lawsuit within one year of the negligent incident or one year from when you discovered it, as long as it is no longer than five years from the incident.[1]
• Discussing damages. Next, you’ll talk to your lawyer about how much you hope to recover in damages for your child. Provide your lawyer with all relevant information, including medical bills and expenses related to caring for your child, even transportation costs to appointments.
• Filing an Affidavit of Merit. When filing a medical malpractice lawsuit, your lawyer must include an affidavit of merit. This document, signed by a qualifying medical professional, states the case has merit. Kentucky required that plaintiffs go before a medical review panel before filing, but that law was declared unconstitutional by the Kentucky Supreme Court in 2018.[2]
• Filing a complaint. Your lawyer will send a detailed complaint to the defendants, outlining what you believe happened and the evidence you have for negligence.
• Settlement negotiations. In most cases, defendants are willing to try to settle instead of going to court. Your lawyer will negotiate on your behalf, using evidence and medical bills to get you a fair amount of compensation.
• Trial in court. If those negotiations fail, and you have the final say in accepting or rejecting a settlement offer from the defendants, you’ll go to trial. Your lawyer presents your evidence here, along with expert testimony, to prove to the jury that medical negligence occurred and harmed your child. If you win, the jury will decide on a damages amount informed by the amount your lawyer requests.

How to File a Discrimination Complaint in Kentucky

In Kentucky, you can file a complaint to resolve discrimination, but you can also file a private civil lawsuit. Your lawyer can help you decide which process to begin or if you should do both.

To file a complaint, you will likely turn to the Kentucky Commission on Human Rights, although filing with a federal agency is more appropriate in some cases.

Filing a complaint begins with providing necessary information to the Commission and determining if the situation is within their jurisdiction.[3] The Commission will then offer to help you mediate with the respondent. If this process fails, the Commission can rule on the case after investigating the incident.

For the best outcome in filing a lawsuit, rely on a Kentucky cerebral palsy lawyer. Without this professional to guide you through the process, you may miss steps, make mistakes, and lose the opportunity to get justice for your child.

The process can be long and confusing, but you have better chances of a positive outcome with knowledge and the right lawyer.