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Having a child be diagnosed with cerebral palsy can feel both devastating and overwhelming for a parent. If you are in this position, taking legal action is something you should consider of your child’s condition is a result of medical negligence.
The process of filing a Wyoming cerebral palsy lawsuit can be complicated and may take some time, but the benefits make an effort worthwhile.
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Whether you believe your child suffered because of medical negligence or is currently experiencing discrimination and a violation of rights, the lawsuit filing process can help resolve the situation and recover damages. Make sure you understand the filing process and have a trusted, experienced Wyoming cerebral palsy lawyer by your side for guidance.
Types of Lawsuits You May File in Wyoming for a Child with Cerebral Palsy
Your child living with cerebral palsy faces a lot of challenges. Immediately you have the costs of treatment, but the costs of care can also be life-long. Furthermore, your child may experience discrimination or be denied access to special education services or public spaces.
If you believe your child was diagnosed with cerebral palsy because of mistakes made in medical care, you may want to begin the medical malpractice filing process. You can sue for medical negligence if you can show that medical professionals failed to provide care up to a recognized standard and that this resulted directly in your child’s diagnosis.
Another type of legal action is a discrimination complaint. Wyoming does not allow private lawsuits over these matters, but you can file with the appropriate state or federal agency to resolve the situation. The process is straightforward but can take to lead to a resolution.
The Process for Filing a Cerebral Palsy Medical Malpractice Lawsuit in Wyoming
The filing process for a medical malpractice case can be complicated, especially for anyone who is not a legal professional. The steps you have to go through are based on Wyoming laws, as each state has its procedures, laws, and requirements. Make sure you learn a little bit more about the process and steps before getting started:
- Understand the time limit. Wyoming’s statute of limitations sets a time limit for when you can file a medical malpractice lawsuit. You have two years from when the negligent action occurred to file. Alternatively, if you can show that you couldn’t have realized it sooner, you can have two years from when you discovered the negligence occurred.
- Consider damages amounts. One of the most important reasons to file is to recover damages for your child. Wyoming law, unlike many states, does not cap the amount you can get. Your lawyer will need to see your medical records and bills and other expenses related to your child’s condition to estimate a reasonable amount of damages you’ll seek to recover.
- File a claim with the state’s review panel. Wyoming law requires that you file a complaint with a medical review panel before you can begin a medical malpractice lawsuit. The claim must include detailed information about the incident, all the medical professionals involved, as well as the defendants you are naming in the case. You must give the panel permission to access your medical records.
- File a statement from a qualified expert. If the defendants fail to respond, you can go ahead with a lawsuit. If they do respond, you’ll submit a statement signed by a qualified medical expert. The statement must say that the expert reviewed the evidence and believes your case and allegations have merit.
- File the lawsuit. Once you have gotten through the review panel, you can file the lawsuit, which notifies the defendants that you are going forward. The findings of the review panel do not have to be in your favor to proceed and are not binding. They can, however, be used as evidence.
- Negotiate a settlement. If possible, your lawyer will most likely want to negotiate a settlement for you with the defendants. This will eliminate the need to go to court and will get you compensation sooner.
- Go to court. If you cannot agree on a fair settlement, you can go to trial with your case. In court, your lawyer will argue your case in front of the jury, present evidence, and call on expert witnesses.
Filing a Discrimination Complaint about Cerebral Palsy
Wyoming and federal laws protect disabled residents from discrimination. If your child does experience discrimination, you can file a complaint but not a lawsuit in Wyoming. Your lawyer will help you determine where to file, either with a state agency or the federal government, depending on the situation and the relevant laws.
The process, regardless of where you file, is generally the same. You’ll submit an official complaint that notifies the respondent. The agency will investigate the incident and decide that there either is probable cause for discrimination or that there is not. You may be able to appeal a decision, not in your favor.
If there is probable cause, the agency will probably require that you attempt mediation to resolve the situation. But if that doesn’t work, you will get a public hearing at which a judge will determine a final decision and what remediation steps are required.
Hiring a Cerebral Palsy Lawyer for the Filing Process
The process of filing one of these types of cases in Wyoming is complex, and there are plenty of ways to make a mistake that jeopardizes your chances to win justice or compensation for your child. Let a cerebral palsy lawyer help you so that you can get through the process smoothly and with the best chance of a positive outcome.
Make sure that you find a lawyer who specializes in medical malpractice cases and works with clients like you and your child. A general lawyer will not be able to provide the expert advice you need or have a in-depth knowledge of the relevant laws that will give you the best result. Don’t settle for any lawyer. Find and hire a compassionate, experienced cerebral palsy lawyer.
Filing a cerebral palsy lawsuit may be far from your mind as you learn about the condition your child will live with for life. But the results of legal action are well worth the time and effort you put into it.
Help provide your child with compensation, a sense of justice, and greater access to opportunities and services by filing a cerebral palsy lawsuit in Wyoming.