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The Vermont cerebral palsy lawsuit process for medical malpractice or discrimination is complicated. Rely on a Vermont cerebral palsy lawyer to help you get through this challenge for the best chances of success. In the meantime, it’s essential to understand the basic steps of the process.
What Kind of Lawsuit Can I File for Cerebral Palsy in Vermont?
If you feel you have a valid case, a lawsuit can help you gain compensation to help care for your child. It can also hold the responsible parties accountable.
There are two main types of cerebral palsy lawsuits in Vermont: medical malpractice and discrimination.
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Medical Malpractice Lawsuits
Medical malpractice occurs when a doctor, another medical professional, or a medical organization fails to provide an adequate standard of care, resulting in significant harm to a patient.
A doctor’s mistake might be negligent if it caused or contributed to your child’s condition.
If you can prove it in a lawsuit, you can recover damages for your child to cover medical bills now and in the future.
Discrimination Complaints and Lawsuits
As your child grows and enters public places and schools, they could face discrimination. It is illegal under Vermont and federal laws to discriminate based on disabilities.
You can resolve these situations by filing a complaint with a government agency tasked with investigating civil rights violations. You can also file a lawsuit, allowed under Vermont law, to recover damages.
Do I Need a Lawyer to File a Cerebral Palsy Lawsuit?
You need an experienced Vermont lawyer for the best possible outcome of your case. Without representation, you could make mistakes that can potentially ruin your case.
Instead of choosing a lawyer you already know or general practice, take the time to find a Vermont lawyer who specializes in medical malpractice, disabilities, cerebral palsy, and discrimination.
Medical malpractice cases and the laws that govern them can be complicated and require in-depth knowledge and experience.
Try searching through the state bar association for someone with the right area of specialty.
Or, contact a local group that advocates for and works with disabled community members. They may know of a good lawyer who takes on cases like yours.
How Do I File a Cerebral Palsy Medical Malpractice Lawsuit in Vermont?
Vermont state laws determine how you proceed in a medical malpractice filing. Make sure you understand the steps and processes so that you can make the best decisions.
- Know the statute of limitations. The Vermont statute on filing a medical malpractice lawsuit is three years from the negligent incident or two years from when you realized it happened. Even with this exception, you cannot file more than seven years after the event that harmed your child.
- Request mediation. Vermont allows you to request mediation with those you name in a lawsuit before officially filing. It must take place within 60 days of the defendants agreeing to arbitration.
- File a certificate of merit with the complaint. If mediation fails or the defendants refuse to participate, you can proceed with your filing. State law requires that you submit a certificate of merit with the official complaint that begins the lawsuit. The certificate is a statement signed by a qualified medical expert that your case is valid, has value, and is likely to prove the defendants were negligent.
- Attempt settlement negotiations. Once you have filed, both sides can begin investigating the incident and building their cases. You can also participate in negotiations for a fair settlement. Most defendants are willing to try, and your lawyer will present your case to get a fair amount of compensation.
- Go to trial. If the negotiations fail, your case can go to trial, during which your lawyer will argue your case before a jury. The jury decides either in your or the defendants’ favor and awards any damages owed.
How Do I File a Discrimination Complaint in Vermont?
Discrimination may be a situation you face in housing if you need special accommodations, public places for access, and school for your child’s special education services and accommodations.
Your lawyer will help you file with the Vermont Agency of Education or the U.S. Department of Education for education complaints.
For public accommodations and housing issues, file with the Vermont Human Rights Commission. Wherever you file, the process will be similar. You’ll submit the complaint and be offered mediation.
If you don’t want to mediate or the mediation fails, an investigation will occur, resulting in a decision. This may then lead to a public hearing to resolve the situation.
Your lawyer can also help you file a civil lawsuit against those responsible.
Filing a cerebral palsy lawsuit in Vermont can be difficult, but it can also benefit your child. The effort is often worth the outcome, which may include compensation to provide your child with the best care.
- 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
- 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
- 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/
- The Vermont Statutes Online. Chapter 141 : Human Rights Commission. (n.d.). Vermont General Assembly | Vermont Legislature.
Retrieved from: https://legislature.vermont.gov/statutes/section/09/141/04551