This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.
For any content issues please Contact Us.
A Massachusetts cerebral palsy lawyer is a legal professional with experience in cases involving medical malpractice and birth injuries. As your child with cerebral palsy grows, you may also need a cerebral palsy lawyer to help you battle discrimination. Laws are supposed to protect your child, but when laws are broken, you’ll need an experienced lawyer to guide you.
Do I Need a Lawyer?
If medical mistakes caused your child’s cerebral palsy, you need a qualified cerebral palsy lawyer to assist you. You can choose to fight legal battles independently, but doing so is difficult for those who don’t understand intricate Massachusetts state law.
You significantly reduce the chance of successful outcomes for your child and your family by trying to take action without legal assistance.
Get Matched with a Leading Birth Injury Attorney in Your AreaGet Help Now
There are two main situations in which you need the assistance of a good lawyer. The first is medical malpractice. Navigating the court system and Massachusetts malpractice laws without the help of an attorney can be daunting.
In your cerebral palsy lawsuit, you’ll likely face the well-paid legal teams of insurance companies and laws that tend to favor the defendants.
Another situation you may face as your child gets older is a violation of rights. Federal and state laws protect disabled people from discrimination and ensure they are not denied access and opportunities.
Again, it can be challenging to go up against the organizations denying your child’s rights without legal guidance.
The Importance of a Massachusetts Cerebral Palsy Lawyer
You cannot settle for just any lawyer when fighting for justice for your child. A specialist in these particular types of laws and cases is necessary to give you the best chance of winning.
A Massachusetts cerebral palsy lawyer has expertise in medical malpractice laws and experience winning matters for families like yours. Lawyers specializing in disability rights also have the knowledge and practical experience you need. There are several important ways in which these lawyers can help your child:
- Winning settlements and compensation for medical bills, ongoing care, and other expenses related to cerebral palsy
- Drafting legal documents to protect your child’s future
- Setting up trusts to provide for your child’s ongoing care
- Ensuring any disability payments your child receives will continue and fighting any denial of payments
- Forcing schools to provide the services and equipment to which your child is entitled to a free and appropriate education
How to Find the Right Lawyer for Your Family
Keep in mind as you search for a lawyer that you need more than a general practice attorney. You need a Massachusetts cerebral palsy lawyer, an attorney with in-depth knowledge of the state laws related to birth injuries, medical malpractice, and disabilities.
Also, look for a lawyer who is compassionate, patient, and willing to answer all your questions and discuss payment options before you make a final decision.
Good places to look for the right lawyer include referrals from past clients, other parents of children with cerebral palsy, local organizations that assist children with disabilities, and the state bar association.
Massachusetts Cerebral Palsy Lawyers Know Medical Malpractice Laws
State medical malpractice laws can be confusing and complicated. One of the best reasons to hire a specialty lawyer is because these professionals understand the rules and how to proceed to ensure they don’t keep you from winning justice for your child.
An example is the state’s statute of limitations, which limits you to three years from the time of the medical negligence to file a lawsuit against those responsible.
Your lawyer will also understand that although the state caps non-economic damages in medical malpractice cases at $500,000, there can be exceptions. These types of damages are for things like loss of independence and pain and suffering.
Massachusetts limits these damages, but exceptions may be made in cases of acute loss of bodily function or disfigurement.
In Massachusetts, you must go before a tribunal before you can file a medical malpractice case. If the tribunal doesn’t believe you have enough evidence, you will have to pay a $6,000 fee to file a lawsuit against the defendants.
Your experienced lawyer will know how to make a strong case for the tribunal so you can proceed without this charge.
Massachusetts Disability Rights
As your child gets older, you may find that you face discrimination and other disability rights issues. One of the essential issues that could arise is a denial of access to free and appropriate education.
The Individuals with Disabilities Education Act is a federal law that requires schools to provide all children with equal opportunities. Your child’s education must match that of any other child to the greatest extent possible.
State laws in Massachusetts for disabled rights are more expansive than federal laws.
The definition of what it means to be disabled is broader, so even if your child doesn’t look disabled, they can still be considered under the state laws. And the right Massachusetts cerebral palsy lawyer will help you fight for those rights.
Massachusetts Cerebral Palsy Cases
Lawyers have been helping families win their cases for decades in Massachusetts. One example from 2005 illustrates just how much the right lawyer can help a family provide for their child’s care.
At the time, the jury award of $40 million was the most significant personal injury award in the state’s history.
When the boy was born, the doctor failed to respond adequately to signs of his fetal distress. In the evening, the mother was admitted to Saints Memorial Medical Center and underwent two tests that showed the fetus was in distress.
The doctor did not order a C-section until hours later and delayed performing it for even longer. The baby lost oxygen and suffered brain damage.
Cases like this one illustrate just how important it is for families to rely on the guidance of a Massachusetts cerebral palsy lawyer. The family had to go up against a big medical center and its legal team. Winning in such cases is challenging without the right lawyer.
When you feel legal action is needed on behalf of your child’s fight for justice, rely on the best lawyer who understands the state’s laws.
Get Matched with a Leading Birth Injury Attorney in Your AreaGet Help Now
- 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
- Section 60H. Limitation of damages for pain and suffering. (n.d.). The 191st General Court of the Commonwealth of Massachusetts.
Retrieved from: https://malegislature.gov/laws/generallaws/partiii/titleii/chapter231/section60h
- Section 60B. Malpractice actions against providers of health care; tribunal. (n.d.). The 191st General Court of the Commonwealth of Massachusetts.
Retrieved from: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section60b
- 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/
- Associated Press. (2010, December 19). Family of brain-damaged child awarded $40 million. Seacoastonline.com.
Retrieved from: https://www.seacoastonline.com/article/20050818/News/308189977