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A Maine cerebral palsy lawyer can be your best guide, adviser, and ally in any fight for justice for your disabled child. Sometimes, cerebral palsy happens because of medical negligence. The costs of care for a child with CP can be high, but getting justice can help you get the compensation you’re entitled to.
Additionally, children with CP are at risk of discrimination. They may face fewer opportunities at school, in the community, and 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. Find the right Maine lawyer, one you trust, and one who specializes in cerebral palsy cases.
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. More specifically, if you know or even suspect that your child’s condition was triggered by a medical error that should have been prevented, seek legal help. An experienced Maine CP lawyer can tell you if you have a case and what to do about it.
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 to help you meet 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. 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, 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 for 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 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 serve to 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 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 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 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.