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If your child developed cerebral palsy due to medical negligence, you should be able to hold someone accountable. An experienced Minnesota cerebral palsy lawyer knows state laws and can be your advocate as you fight for justice. The right lawyer will give you the best chance of recovering damages and can also assist you if your child has been discriminated against.
What a Minnesota Cerebral Palsy Lawyer Can Do for You
There are many reasons to hire a lawyer for your family and your child after a cerebral palsy diagnosis. Perhaps the most important and pressing is to file a medical malpractice lawsuit against the healthcare provider you believe was negligent.
Medical mistakes are often preventable, but if medical negligence leads to a condition such as cerebral palsy, you have the right to seek compensation for your child.
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The laws regarding medical malpractice are complicated, and the task of going up against a medical center and insurance company’s legal team is daunting.
For the best chance of winning your case, you need a Minnesota cerebral palsy lawyer who specializes in medical malpractice and birth injury cases. They have specialized knowledge and experience working with similar clients.
A lawyer can also help you as your child grows if you need to make critical financial decisions, set up trusts, make wills, and create other legal documents.
If your child suffers from discrimination or is denied access or appropriate education, a lawyer specializing in disability rights in Minnesota can help you get justice.
An experienced cerebral palsy attorney can also help your child access special education services, assistive devices, inclusive playgrounds, and more.
How to Find the Right Lawyer for Your Child
When looking for a Minnesota cerebral palsy lawyer, don’t settle for just any malpractice lawyer. You need someone who works with parents like you.
A qualified attorney understands the laws involved, can investigate negligence to find evidence, and be compassionate in dealing with your family.
If you know other parents of disabled children, ask for referrals. They may have a lawyer that has been a great advocate. Or turn to the local community and state groups that serve the disabled community.
The state bar association can also help you search for a lawyer with the right experience.
In choosing the lawyer who will help your family, insist on getting all your questions answered. Ask for references from past clients and find out all about their specific experiences in cerebral palsy cases.
Minnesota Medical Malpractice Laws
One of the most important reasons you need a Minnesota cerebral palsy lawyer on your side is that state laws regarding medical malpractice are complex and challenging to understand. They tend to put limits on victims so that if you don’t have an advocate, you can miss your opportunity to get justice and recover damages.
For example, every state has a statute of limitations for medical malpractice cases. In Minnesota, you have four years from the time the negligence occurred to file a lawsuit. With minors, this extends to seven years.
In Minnesota, you must also submit a certificate of merit before starting a lawsuit. You will need your lawyer to provide a qualified medical expert to sign this certificate that states your case is valid and not frivolous.
One aspect of Minnesota’s medical malpractice laws that support victims is that there is no cap on non-economic damages.
There is no limit to how much you can ask for in terms of intangible costs like pain or suffering. Many other states limit it.
Disability Rights and Laws
Children with disabilities, like those caused by cerebral palsy, have rights. Federal laws protect those rights, such as the Individuals with Disabilities Education Act.
These laws ensure that your child has equal opportunity and access to public places and receives a free and appropriate public education.
States also have disability and civil rights laws that may be invoked to protect your child and ensure a good education, appropriate interventions and services, and equal access.
The right lawyer, who knows these laws and fights for disabled rights, will know how and when to file a claim or lawsuit.
Minnesota Cerebral Palsy and Birth Injury Cases
To get an idea of how the right Minnesota cerebral palsy lawyer can help you or your child, consider past cases won by lawyers in the state. One case includes a family that sued Regions Hospital in St. Paul.
The parents of a boy born with significant birth injuries said that the staff did not take adequate action when the baby’s fetal heart monitor indicated distress during labor.
During labor, there were complications when the doctors attempted to deliver the baby vaginally. The parents now believe the staff should have pushed for a Cesarean section. When the boy was born, he suffered brain damage from a lack of oxygen. He is now disabled.
A 2018 case resulted in a $9 million award to the mother of a baby born with severe injuries after a midwife’s mistakes. The mother, from Bradford, took her case to trial with the help of her lawyers and won.
The jury agreed that the midwife was negligent in ignoring the fact that her baby was unusually large. During the birth, the midwife used excessive force to deliver the baby, resulting in torn nerves and disabilities in his arms.
If you believe a negligent act or inaction led to your child’s cerebral palsy, you may have a solid legal case.
A Minnesota cerebral palsy lawyer can help you decide if you have a claim and guide you through the process of filing and following through with this necessary lawsuit.
- 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
- Medical liability/Malpractice merit affidavits and expert witnesses. (2014, June 24). Legislative News, Studies and Analysis | National Conference of State Legislatures.
Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.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/
- Couple with baby born with brain injuries sues regions hospital and HealthPartners claiming malpractice. (2019, February 21). Twin Cities.
Retrieved from: https://www.twincities.com/2019/02/21/malpractice-lawsuit-regions-hospital-healthpartners-childbirth-baby-brain-damage/
- Olson, J. (2018, October 1). Minnesota woman awarded $9M in childbirth suit. Star Tribune.
Retrieved from: https://www.startribune.com/minnesota-mom-wins-8-9-million-verdict-in-excessive-force-delivery/494845601/?refresh=true