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In Nevada, the cerebral palsy lawsuit filing process depends on your situation and the laws that apply. Whether you think medical mistakes caused your child’s disorder or if you have discrimination concerns, an experienced cerebral palsy lawyer can assist you. However, it’s always a good idea to first understand the lawsuit process’s basics.
What Kinds of Lawsuits Might I Need to File in Nevada for Cerebral Palsy?
The idea of filing a lawsuit for your child diagnosed with cerebral palsy might not occur to you as you cope with the diagnosis. But, it could help to understand the options and how these lawsuits can benefit your family and your disabled child.
You may want to file this kind of lawsuit if you believe your child’s condition wouldn’t have been diagnosed if it weren’t for a medical mistake or poor medical care. Malpractice occurs when a medical professional fails to provide an adequate standard of care, resulting in serious harm to the patient.
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A medical malpractice case can allow you to get justice for your child but also significant damages that will help with medical expenses.
Discrimination lawsuits may become more important as your child gets older. Some typical scenarios would be your child being denied access to public places or necessary services or accommodations at school.
You can file complaints with Nevada or federal agencies, depending on the law that applies. Nevada also allows for private lawsuits in which you can seek a remedy to the situation and damages.
How to File a Cerebral Palsy Medical Malpractice Lawsuit in Nevada
Before you begin filing a cerebral palsy lawsuit over medical malpractice, it’s essential to understand a little bit about the laws and the steps you’ll need to take.
There is a lot of room for error that can jeopardize your chances, so it is also important to rely on the right lawyer to guide you through the process.
- Know the statute of limitations. Nevada’s statute of limitations on medical malpractice cases is three years from when the negligence occurred. If you weren’t aware that it happened and discovered the negligence later, you have one year from that time to file, as long as it was reasonable that you couldn’t have discovered it sooner.
- Discuss damages. Your lawyer will need all relevant documents and information related to your child’s condition to estimate the amount of damages you’re owed. This includes medical records and bills and all expenses related to your child’s disabilities, like therapy and mobility devices. Nevada does not limit what you can recover in economic damages, but the state caps non-economic damages at $350,000.
- File an affidavit of merit. According to Nevada law, before you can begin the actual lawsuit, you must file an affidavit of merit. This document shows that a qualified medical expert believes your allegations are valid. This step is supposed to reduce the number of frivolous lawsuits that make it to trial.
- Begin the lawsuit. Once you have submitted that document, you can begin the actual lawsuit. Your lawyer will file a complaint, which outlines your allegations and the incident of medical negligence.
- Participate in a settlement conference. Before your case can go to trial, the state requires that you participate in a settlement conference. Most medical malpractices proceed to a settlement negotiation anyway, as going to trial is lengthy and expensive. Your lawyer will argue on your behalf and try to get a fair amount of compensation.
- Go to trial. If you cannot agree to what the defendants offer during the conference, you may proceed to court. Here both sides get to present evidence and expert testimony. The jury decides if medical negligence occurred to harm your child and any damages your child is owed.
How to File a Discrimination Complaint or Lawsuit in Nevada
Nevada’s Civil Rights Act of 1965 protects disabled people in employment, public accommodations, and credit.
If you experience discrimination in housing or education, you must refer to federal laws and file with the appropriate agency, such as the Department of Housing and Urban Development or the Department of Justice. Your lawyer will know which agency is the correct one for your situation.
Nevada law also allows individuals to take private legal action in discrimination cases. This means you can sue those responsible for remedying the situation. You can also use the lawsuit to recover damages for your child.
Finding a Nevada Cerebral Palsy Lawyer to Help File a Lawsuit
You need a lawyer to file a lawsuit over cerebral palsy because the process and the laws are complicated. It’s too easy to make a mistake on your own and too challenging to go up against defendants’ lawyers without your own expert.
Choose someone or a law firm with relevant experience. Only settle for lawyers specializing in cerebral palsy, disabilities, discrimination, and medical malpractice. Other lawyers won’t have the expertise needed to successfully navigate the process of getting your child justice and compensation.
Going through a lawsuit for your child in Nevada can be daunting. But with the right lawyer to help you, there is a genuine chance that the outcome will benefit your child. You can get the justice they deserve and the compensation that will allow you to provide the best care.
- 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
- 1965 statutes of Nevada, index. (n.d.). Nevada Legislature.
Retrieved from: https://www.leg.state.nv.us/Statutes/53rd/Stats1965R999.html