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A child living with cerebral palsy may have mild to severe disabilities, as well as associated health conditions. They’ll likely need ongoing treatment, a variety of therapies, and even home care. The costs can quickly skyrocket, and families may be lost in trying to cover them.
If this sounds like your family, you need a Louisiana cerebral palsy lawyer to help make legal and financial decisions to benefit your child.
The causes of cerebral palsy may be complicated or unknown, but in too many cases, the mistake or carelessness of a doctor or nurse could be to blame. You may think that your child wouldn’t have cerebral palsy if it weren’t for a medical mistake.
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In this case, legal action is essential to get justice and compensation for your child. To take that next step, rely on an excellent cerebral palsy lawyer.
How a Louisiana Cerebral Palsy Lawyer Can Help
There are a few reasons you may be considering a cerebral palsy lawyer. One 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 malpractice? Is getting compensation likely? These are questions you probably have, and the best person to answer them is a lawyer.
The right lawyer can help you by answering these questions. A lawyer will explain the relevant laws to you and ensure that 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 was 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.
Do I Need a 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 do need a good lawyer. In trying to take on hospitals, doctors, and their insurance company legal teams, you need this experienced professional on your side.
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.
Finding the Best 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 needed 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 to understand some of the state laws that govern these cases so you, along with your lawyer, can make the best choices for your child.
Each state sets a statute of limitations on these cases, which means the window of time you have to file one is limited. In Louisiana, you have until one year after you discovered the negligent medical error to file a lawsuit.  There is a strict limit of three years from the time the negligence occurred. After this point, it will be too late.
Louisiana law also requires that you go before a medical review panel before being able to file your lawsuit.  The group will decide if your case has merit. The decision is not binding, but it 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.
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.  This cap limits both economic costs, for things like medical bills, and non-economic damages for intangibles like pain and suffering.
While medical malpractice laws are strictly state laws, disability rights are mandated at the federal and state level. A requirement for children with cerebral palsy is the Individuals with Disabilities Education Act.  It entitles all children to have 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 the disabled 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.
- 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
- 2015 Louisiana laws :: Revised statutes :: TITLE 40 - Public health and safety :: RS 40:1231.2 - Limitation of recovery. (n.d.). Justia Law.
Retrieved from: https://law.justia.com/codes/louisiana/2015/code-revisedstatutes/title-40/rs-40-1231.2/
- 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/