A Maine cerebral palsy lawyer can be your best guide, adviser, and ally in any fight for justice for your disabled child. All too often the damage that causes a baby to develop this condition is caused by negligence and a case for medical malpractice can be made. The costs of care for your child will be high, and getting justice can also be a way to get the compensation that will provide that care.
Additionally, you will always have to worry that your child is going to be discriminated against, that he or she will face fewer opportunities at school, in the community, and in the workplace. With the right lawyer on your child’s side you can go up against the organizations denying your child his or her rights and win. Find the right lawyer, one you trust, and who specializes in cerebral palsy cases in Maine.
Who Needs a Maine Cerebral Palsy Lawyer?
Any family with a child diagnosed with cerebral palsy needs a lawyer on their side. More specifically, if you know or even suspect that your child’s condition was triggered by a medical error that should have been prevented, you need this lawyer. The right lawyer can tell you if you have a case and what to do about it.
Even as your child grows, you may need a lawyer because of all the challenges that can face a child with disabilities. Your child has rights under the law but may face discrimination or blocked access to services, public places, and other opportunities. You’ll need a lawyer to advise you and to help you face those organizations denying your child his or her 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 his or her life. This is why it’s important to find and get to know a good 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 own understanding of some of the basics and how they may impact your child and your case. For example, you need to know that there is a time limit on when you can file a lawsuit on your child’s behalf. This is the statute of limitations and in Maine it is three years from the time the negligence occurred, or up to six years for children.
Another reason you need a good lawyer for a malpractice case is that before you can even file you must go through a pre-litigation screening. During this process a panel of experts reviews your case to determine if medical malpractice 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 an education that is free and appropriate. In other words, your child must have as much educational opportunity as any other child as is deemed reasonable. If he or she needs devices or special education services, these must be provided. At the state level, cases of discrimination can be filed with the Maine Human Rights Commission.
Cases Won by Maine Cerebral Palsy Lawyers
There are so many examples of lawsuits that have been won by legal teams fighting on behalf of children with birth injuries and disabilities. While every case is different, these examples can serve to inspire you to act on behalf of your child.
In 2017 a mother and her child won a case and a settlement worth nearly $8 million. The lawsuit was filed against a midwife and 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 lack of oxygen to his brain during delivery for a period of time that was long enough to cause serious brain damage. Now five years old, he is living with severe cerebral palsy and will never be able to live independently or without care 24 hours a day. Emond accused her midwife of failing to order a Cesarean section when there were signs of fetal distress. The settlement will help provide for the boy’s lifelong care.
In a case of discrimination, a 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 simply laid off due to a slowing 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
These kinds of cases are won because the families and individuals involved hired the right lawyers. For your child, you need not just any lawyer but a Maine cerebral palsy lawyer, someone who has expertise in state laws, medical malpractice and birth injuries and cerebral palsy.
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 case or a 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.