A Massachusetts cerebral palsy lawyer is a legal professional with expertise and actual experience in cases involving medical malpractice and birth injuries. If you need a lawyer to fight for justice for your child born with disabilities because of a mistake made by a medical professional, you need this type of lawyer with these specialties on your side.
As your child with cerebral palsy grows you may also need a cerebral palsy lawyer to help you battle discrimination or lack of opportunities and denied access to things like special education services. Laws protect your child and can help you fight your case, but to be successful you will need a good lawyer to guide you and help you make the right decisions. Hire a Massachusetts cerebral palsy lawyer who understands the law and how to help the families of disabled children.
Do I Need a Lawyer?
If you have a child diagnosed with cerebral palsy you will need a lawyer at some point, often for more than once. You can choose to fight legal battles on your own, but doing so is very difficult for a non-legal professional. You significantly reduce the chance of successful outcomes for your child and your family by trying to take action without legal assistance.
There are two main situations in which you absolutely need the assistance of a good lawyer. The first is if you believe that your child’s disabilities are the result of medical malpractice. Navigating the court system and Massachusetts malpractice laws without the help of an attorney can be daunting and will set you up for failure. In your cerebral palsy lawsuit you will be facing the large, 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 his or her rights. Federal and state laws protect disabled people from discrimination and ensure that they are not denied access and opportunities just because of disabilities. Again, it can be difficult 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 it comes to fighting for justice for your child or for your child’s rights. A specialist in these very 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 cases 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 for 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 deep 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 laws and how to proceed to make sure 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 in cases of serious loss of bodily function or disfigurement, exceptions may be made. This could apply to your child.
In Massachusetts you are required to 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 in order 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 most important issues that may arise is a denial of access to a free and appropriate education. This is ensured by the Individuals with Disabilities Education Act, a federal law that requires schools provide all children with equal opportunities. To the greatest extent possible, your child’s education must match that of any other child.
State laws in Massachusetts for disabled rights are actually 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, he or she 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 largest personal injury award in the state’s history.
When the boy in this case—who now has severe cerebral palsy—was born, the doctor failed to respond adequately to signs of his fetal distress. The mother was admitted to Saints Memorial Medical Center in the evening and underwent two tests that showed the fetus was in distress. The doctor on call did not order a C-section until hours later and then 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. This family had to go up against a big medical center and its legal team. Winning in such cases is difficult 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 understand the state’s laws.