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If your child has cerebral palsy due to medical mistakes, you have the right to take legal action. A Mississippi cerebral palsy lawyer can help you make informed decisions and guide you through the legal process. An experienced attorney can also assist you if your child has experienced discrimination.
Reasons to Hire a Mississippi Cerebral Palsy Lawyer
Cerebral palsy causes varying symptoms, from the complete inability to walk or live independently to minor mobility issues and associated health problems. Medical care, ongoing support, and therapy can get costly.
A Mississippi cerebral palsy lawyer will work with your family to determine if medical malpractice occurred. An experienced lawyer knows how to properly investigate the details surrounding your case and uncover if medical mistakes and negligence caused the child to develop CP.
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Your family may also lose an income if one parent needs to stay home to care for the child. A lawyer will ensure your child can get all the required care by fighting to help you win damages from the responsible parties.
As a disabled person, your child’s rights are protected by state and federal laws. A lawyer may be necessary to ensure your child is getting access to appropriate educational opportunities and is not being discriminated against by a school, business, or other organization.
How the Right Mississippi Cerebral Palsy Lawyer Helps Your Child
If your child’s disabilities were caused by medical malpractice, a Mississippi cerebral palsy lawyer helps provide a way to get justice and recognition from those responsible.
A settlement from a lawsuit can provide your child with the funds that will allow for the best lifelong care and life-changing treatments.
A lawyer can also assist with other financial needs. For instance, if you receive government benefits but they get denied or decreased, your lawyer can help you through this complicated process and ensure your child gets what they’re entitled to.
Your lawyer can guide you through setting up a trust for your child’s future care or settle other relevant legal and financial documents.
A lawyer well-versed in disability rights and laws can help your child access an appropriate education, public spaces, and work.
It can be hard to know what to do if you suspect your child is experiencing discrimination or not getting everything they need at school.
Finding a Lawyer
When choosing a lawyer to work with your family, remember the importance of hiring a Mississippi cerebral palsy lawyer that has relevant experience.
A general lawyer may not have the experience or knowledge needed to help your child. However, an attorney who specializes in birth injuries has a deep understanding of state and federal laws related to disabilities and medical malpractice.
Search through the state’s bar association to find a lawyer specializing in these areas of the law. You may also want to turn to community organizations that help families of disabled children. These groups can usually recommend a good lawyer or help you find one.
Medical Malpractice in Mississippi
Filing a medical malpractice lawyer on your child’s behalf may be the most important legal action you take. You need an exceptional attorney to guide you through a complicated process and explain the laws, but you should also have a basic understanding of what those laws mean.
For instance, know that your ability to file a lawsuit is time-limited. In Mississippi, you have two years from when you realized there was negligence to file.
You are also limited in how much money you can seek for non-economic damages, such as suffering and pain. In Mississippi, these damages were capped at $1 million in 2017.
You’ll also have to file a certificate of merit showing your case is valid before you can file a lawsuit. Your lawyer will be invaluable in helping you get past this barrier.
Disability Rights in Mississippi
Your child is protected by federal laws that ensure the disabled have equal opportunities and access. There are rules in place to ensure disabled children get a free and appropriate education.
Your child is entitled to the same training as other children, as much as is reasonable, which means that your school may need to provide special education services, specific therapies, and assistive technologies.
There are also state laws against discrimination, and the right lawyer will understand which laws to use to file a claim if your child is not getting appropriate services.
Birth Injury Cases in Mississippi
In one example of a birth injury case, a mother was harmed during childbirth in Mississippi. A legal team helped her recover damages. The child, thankfully, was not injured. However, the mother developed a uterine rupture when giving birth and needed five subsequent surgeries to repair the damage.
The woman’s legal team proved that her doctor was negligent in inducing labor too soon, not performing a C-section in time, leaving the hospital while she was in critical condition, and other errors.
The jury agreed with the mother and awarded her $2.4 million.
One of the best things you can do if you have a child born with cerebral palsy in the state is hire a good Mississippi cerebral palsy lawyer.
The right lawyer can provide essential services and give you the best chance of winning justice and recovering damages for you and your child.
- 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
- 2010 Mississippi code :: Title 11 - Civil practice and procedure :: :: Chapter 1 - Practice and procedure provisions common to courts. :: 11-1-60 - Limitation on noneconomic damages in medical malpractice actions; definitions. (n.d.). Justia Law.
Retrieved from: https://law.justia.com/codes/mississippi/2010/title-11/1/11-1-60
- 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/
- Altman, I. (2018, September 4). Patient awarded $2M in lawsuit against OBGYN. The Commercial Dispatch
Retrieved from: https://www.cdispatch.com/news/article.asp?aid=68227