Louisiana Cerebral Palsy Lawyer

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Contact a qualified Louisiana cerebral palsy lawyer to help you get answers and justice for your child born with disabilities. Medical negligence is one possible cause of cerebral palsy, and you can take legal action to hold negligent medical professionals responsible and recover damages.

How Can a Louisiana Cerebral Palsy Lawyer Help My Child?

There are a few reasons you may be considering a cerebral palsy lawyer. One reason is if you suspect your child’s disabilities resulted from a medical error, and you don’t know what to do next.

Was it negligence? Is it considered medical malpractice? Is getting compensation likely? A qualified lawyer is the best person to answer these questions. The right lawyer can help you by answering these questions.

• A lawyer will explain the relevant laws and ensure you understand them well enough to choose legal action. You may not know how to prove your child’s disability resulted from negligence, but a lawyer does.
• Your legal representation will help you take steps to take action against medical professionals responsible for your child’s cerebral palsy and give you the best chance of getting justice.
• Another reason to work with a lawyer is to recover damages. If medical malpractice is involved, your child is owed compensation. This money will provide for your child’s care, potentially for life.
• And, if your child is already experiencing discrimination, if your government-funded aid is being cut, or if the local schools are not providing your child with adequate educational services, a lawyer can help.

When Do I Need a Cerebral Palsy Lawyer for My Child?

When you face the challenges of discrimination, denial of access and opportunity, and the high costs of treating and managing cerebral palsy and related conditions, you need a good lawyer.

You need this experienced professional on your side when you try to take on hospitals, doctors, and their insurance company legal teams.

Without a lawyer, you may not win your case and will have a more difficult time proving malpractice in a cerebral palsy lawsuit.

In cases of advocating for your child’s rights as a disabled person, you will face similar challenges. It can be challenging to go up against companies, government agencies, and public schools to demand access and opportunities for your child.

A lawyer specializing in disability rights will know what to do and can give you the best chance of helping your child. Without this guiding expertise, you may make mistakes that will damage your case.

How to Find a Louisiana Cerebral Palsy Lawyer

While a lawyer can be your best guide and advocate, helping you make important decisions and fighting for your child’s future, not all legal professionals are right for the job.

You cannot settle for a general lawyer or even a general personal injury lawyer. They don’t have the expertise or experience to win malpractice and disability rights cases.

As you search for a lawyer, look for one that specializes in the kinds of cases you need to bring: medical malpractice, birth injuries, disabilities, and cerebral palsy.

Check with the state bar association for a lawyer with the right experience and area of specialty. Ask around among other parents with disabled children to find a lawyer who can help your family.

Louisiana Medical Malpractice Laws

A medical malpractice case over a birth injury can be very complicated and time-consuming. It helps you understand some of the state laws that govern these cases so you and your lawyer can make the best choices for your child.

Time Limit for Filing a Cerebral Palsy Lawsuit

Each state sets a statute of limitations on these cases, which means the window of time to file a cerebral palsy lawsuit is limited.

In Louisiana, you must file a lawsuit just one year after discovering the negligent medical error. You can also have one year from when you discovered the error.[1] There is a strict limit of three years from when the negligence occurred, regardless of when you discovered it.

Medical Review Panel

Louisiana law also requires that you go before a medical review panel before being able to file your lawsuit.[2] The group will decide if your case has merit.

The decision is not binding but can be used in court if your case goes to trial. This review panel requirement is a fundamental reason you need a good lawyer on your side.

Damages Cap

Another law that restricts victims in medical malpractice cases is the cap on damages. You are only allowed to recover $500,000 if you win your case.[3]

This cap limits both economic costs for things like medical bills and non-economic damages for intangibles like pain and suffering.

Disability Rights in Louisiana

While medical malpractice laws are strictly state laws, disability rights are mandated at the federal and state levels. A law relevant to children with cerebral palsy is the Individuals with Disabilities Education Act [4], which entitles all children to an appropriate education.

For a disabled child, education should mirror that of any other child as much as possible. If you believe your child’s education is being limited, you and your disability rights lawyer can fight for greater access and better services.

Attorneys specializing in rights for people with disabilities know how to handle state laws or agencies to advocate for your child. Based on the state or federal services, your child may be entitled to compensation or health care, and if you are not receiving it or those funds are cut, your lawyer can help you fight it.

When you have a child with cerebral palsy, you need every advocate you can get, including a Louisiana cerebral palsy lawyer. This expert in the law will help fight for your child’s rights, access to compensation, and justice for medical errors that should never have happened.