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A Maine cerebral palsy lawyer can be your best adviser and ally in your fight for justice for your disabled child. If your child developed cerebral palsy due to medical negligence, you’ll need legal guidance for the best chances of success. Additionally, a qualified lawyer can help children with CP who have experienced discrimination.
Who Needs a Maine Cerebral Palsy Lawyer?
If your child has been diagnosed with cerebral palsy, you’ll need an experienced lawyer on your side. If you know or even suspect that your child’s condition was triggered by a preventable medical error, seek legal help.
An experienced Maine CP lawyer can tell you if you have a case and what to do about it.
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A lawyer is crucial for those who face discrimination because of disabilities. Your child has rights under the law but may face discrimination with services, public places, and other opportunities.
You’ll need a lawyer to advise you and help you meet those organizations denying your child their rights.
How Can a Maine Cerebral Palsy Lawyer Help my Family?
There are several ways in which a Maine cerebral palsy lawyer can help your family and your child at various points throughout their life. It’s crucial to find and get to know a reliable attorney now. The right lawyer can:
- Investigate and find evidence for medical malpractice
- Help you file a malpractice lawsuit in Maine
- Give you a better chance of winning against the powerful legal teams of hospital and physician insurance companies
- Help you win a settlement that will cover the ongoing costs of your child’s care
- Make sure your child is being given access to all appropriate educational services and devices
- Fight against any agency or organization denying your child’s rights
- Ensure your child is receiving all appropriate government benefits
- Help your family take financial steps to secure your child’s future and care
Medical Malpractice in Maine
Although a good lawyer will be able to advise you regarding the medical malpractice laws in the state, it is helpful to have your understanding of some of the basics and how they may impact your child and your case.
For example, there is a time limit on when you can file a lawsuit on your child’s behalf. This is known as the statute of limitations. In Maine, you have three years from the time the negligence occurred, or up to six years for children, to file.
Another reason you need a good lawyer for a malpractice case is for pre-litigation screening. During this process, a panel of experts reviews your case to determine if medical malpractice likely occurred.
The decision made is not binding, but it is a step you must take before going through with the lawsuit. It’s an extra burden, and you need the right lawyer to get through it.
Disability Rights and Laws in Maine
Your child is protected by laws at both the federal and state level. Federally, laws like the Individuals with Disabilities Education Act are supposed to ensure that disabled children receive a free and appropriate education.
In other words, your child must have as much educational opportunity as any other child as is deemed reasonable. If they need devices or special education services, these must be provided. At the state level, discrimination cases can be filed with the Maine Human Rights Commission.
Cases Won by Maine Cerebral Palsy Lawyers
There are many examples of lawsuits won by legal teams fighting on behalf of children with birth injuries and disabilities. While every case is different, these examples can inspire you to act on behalf of your child.
In 2017, a mother and her child won a case and settlement worth nearly $8 million. The mother filed a lawsuit against a midwife and a hospital in Lewiston, Maine. The mother, Sasha Emond, gave birth to her son Odysseus in 2012 at the Central Maine Medical Center.
Odysseus suffered from a lack of oxygen to his brain during delivery for a period long enough to cause severe brain damage. Now five years old, he lives with severe cerebral palsy and will probably never live independently or without care 24 hours a day.
Emond accused her midwife of failing to order a Cesarean section during signs of fetal distress. The settlement will help provide for the boy’s lifelong care.
In a case of discrimination, a disabled man from Hancock, Maine, got justice and recognition from the Maine Human Rights Commission with the assistance of his legal team.
Adam Clark worked at a shop in Bar Harbor and was fired after nine days. He accused the employer of discrimination in his firing.
The shop claimed that the man was laid off due to a slow down in business. Clark’s lawyer was able to prove discrimination because the company listed a job opening immediately after letting him go.
Because the Commission found in favor of Clark, his lawyer will now negotiate a fair settlement with the employer.
Finding the Best Lawyer for Your Child
Successful cases are won because people who need justice hire the right lawyers. Don’t settle for a general lawyer. Find a Maine cerebral palsy lawyer who has expertise in state laws, medical malpractice, and birth injuries.
Check with the state’s bar association, community groups that support disabled people, and other parents of children with disabilities to find a lawyer with the right area of specialty and practical experience.
Before hiring a lawyer, ask any questions you have, ask for references and examples of similar cases won, and discuss pricing and payment.
A good Maine cerebral palsy lawyer gives you the best possible chance of getting justice for the harm caused to your child.
If you believe you have a medical malpractice or discrimination case, find the right lawyer to guide your next steps and provide you with the advice needed to make important legal and financial decisions.
- 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
- 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/
- File a complaint | Maine Human Rights Commission. (n.d.). Maine.gov. Office of the Commission.
Retrieved from: https://www.maine.gov/mhrc/file
- Maine jury awards $8 million for hospital, midwife malpractice. (2007, October 28). Claims Journal.
Retrieved from: https://www.claimsjournal.com/news/east/2007/10/29/84591.htm
- Moretto, M. (2014, November 17). Bar harbor shop discriminated against employee with cerebral palsy, commission finds. Bangor Daily News.
Retrieved from: https://bangordailynews.com/2014/11/17/news/state/bar-harbor-shop-discriminated-against-employee-with-cerebral-palsy-commission-finds/