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A Missouri cerebral palsy lawyer is an essential ally for families with a child diagnosed with cerebral palsy. There have been numerous cases in which medical mistakes led to cerebral palsy, and if you think this happened to your child, you need an experienced attorney by your side. A qualified attorney can also help if your child has faced discrimination.
What Is a Missouri Cerebral Palsy Lawyer and Why Do I Need One?
A Missouri cerebral palsy lawyer is a legal professional who specializes in medical malpractice laws and cases involving birth injuries and resulting disabilities.
Cerebral palsy sometimes results from medical mistakes, errors in judgment, and failure to provide appropriate care. If you believe your child’s condition could have been prevented, find a reliable lawyer to take on your case and help you navigate the complicated laws and justice system.
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You may also need a lawyer specializing in disabilities for other reasons. As your child gets older, they could face battles at school over getting special education services, implementing individualized education plans, and having access to playgrounds, field trips, and classrooms.
Lawyers who help disabled children will know what to do to fight discrimination. They can ensure your child receives the free and appropriate education to which all children are entitled.
How Lawyers Help Families of Children with Cerebral Palsy
Taking action against physicians and hospitals is daunting for anyone without experience in malpractice laws. The laws tend to favor defendants and discourage malpractice lawsuits.
An experienced Missouri cerebral palsy lawyer knows how to find the necessary evidence for malpractice while utilizing resources and experience to give you a better chance of winning a medical malpractice lawsuit.
A reliable lawyer can help you get justice for your child. This lawyer can also help you recover the damages to which your child is entitled.
Compensation is significant because the costs of care for cerebral palsy can run into the millions over a lifetime.
Lawyers also help families of disabled children with other financial and legal actions. For instance, they can help you set up a trust for your child’s care. They can also help you prepare legal documents for care and guardianship.
If your child experiences discrimination, the right lawyer will ensure it stops and that your child has access and opportunity, just like anyone else.
Medical Malpractice Laws in Missouri
You’ll likely make better choices if you understand the laws in Missouri regarding medical malpractice, especially those that can restrict your search for justice.
For instance, in Missouri, the statute of limitations on malpractice cases is two years from when the negligence occurred. But, for minors, you have until their twelfth birthday, which gives you some more time.
The state of Missouri requires that you file an affidavit of merit before beginning a malpractice case. This is where having a good lawyer comes in handy.
Your lawyer has the expertise needed to sign this statement testifying that your claim has merit and is not frivolous. Without this affidavit, you cannot bring your case.
In 2015 Missouri set a limit on how much you can recover in non-economic damages for a malpractice case.
The law established the cap at $400,000, but it goes up by 1.7 percent each year. This limits what your lawyer can get for you to compensate for pain, suffering, and other non-economic costs of the harm caused to your child.
If you need help to ensure your child gets justice for discrimination or gets an appropriate education and access to opportunities, rely on a lawyer who understands the related laws.
Federal laws like the Individuals with Disabilities in Education Act protect your child’s rights.
Your lawyer will know whether your case falls under one of these laws or if it should be addressed under a Missouri state law or filed with the Missouri Commission on Human Rights.
Cerebral Palsy Cases in Missouri
There are many examples of cases won by Missouri cerebral palsy lawyers for children with cerebral palsy or other disabilities resulting from birth injuries and negligence.
In one case, the medical center, Mosaic Life Care in St. Joseph, settled a lawsuit for $3.8 million. The case was brought by the parents of a 3-year-old boy who lives with cerebral palsy because of medical negligence.
The boy’s mother went into labor in 2013 and was admitted to Mosaic. He had high bilirubin levels, a sign of jaundice, and four days after he and his mother were sent home, he was airlifted to a hospital in St. Louis.
Jaundice left too long and untreated in a newborn can lead to brain damage. The boy now has severe, lifelong disabilities.
The mother’s lawyer successfully argued that the doctor caring for her and the baby failed in his responsibility of care to notice that the baby had developed jaundice.
How to Find a Missouri Cerebral Palsy Lawyer
If you have a baby born with cerebral palsy or your disabled child is facing discrimination, you need a lawyer specializing in these particular laws. You need legal teams with experience winning similar cases for other families.
You can start with the state bar association, local community groups supporting disabled children, and anyone you know who has had a similar experience.
Be sure you choose the lawyer or law firm with your best interests in mind. Choose someone you feel comfortable working with and that you feel confident has the right expertise for your case.
When you work with a good Missouri cerebral palsy lawyer, you have the best chance of getting your child justice and the best possible care from the resulting compensation.
- 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/
- File a Complaint of Discrimination. (n.d.). Missouri Labor. Department of Labor & Industrial Relations.
Retrieved from: https://labor.mo.gov/mohumanrights/File_Complaint
- White, M. (2017, April 12). Mosaic settles civil case for $3.8 million. News-Press Now.
Retrieved from: https://www.newspressnow.com/news/local_news/mosaic-settles-civil-case-for-million/article_366cbd5a-ba3c-5bbc-9092-9b619f082306.html