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If medical mistakes caused your child to develop cerebral palsy, you need a qualified Montana cerebral palsy lawyer to help you guide your legal decisions. A lawyer experienced in medical malpractice cases knows state laws and can help you fight for justice. An experienced attorney can also assist you if your child has faced discrimination.
Do I Need a Montana Cerebral Palsy Lawyer?
One of the most important reasons you need a lawyer is to file a medical malpractice lawsuit. Some cases of cerebral palsy and resulting disabilities happen after an error in judgment by a doctor or other healthcare professional that could have been prevented.
A Montana cerebral palsy lawyer is a professional that can help you make a case and potentially get compensation for your child.
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Even if any medical issues or malpractice cases have been resolved, you still may need a lawyer who understands disability rights. Disabled children face discrimination at school and in the community.
Your child is protected under federal state laws and is entitled to an appropriate education. If you believe your child is being denied these rights or is experiencing discrimination, the right lawyer will be able to help you face the parties responsible.
How a Montana Cerebral Palsy Lawyer Can Help You and Your Child
Another way a lawyer can is by guiding you through complicated legal processes and helping you understand the laws that apply to your case.
Malpractice laws are cumbersome and confusing, and the right lawyer has relevant, in-depth knowledge that will help you feel more confident in the decisions you make for your child.
Also noteworthy is that a lawyer will give you the best possible chance of success in a medical malpractice lawsuit. Success means getting justice for your child and recognition of the harm caused.
It also means recovering damages to which your child is entitled.
Compensation from the responsible parties will help you provide the best treatment and even lifelong care for a child that may not be able to live independently.
Damages can also cover the suffering you and your child have endured and will continue to face.
A Montana cerebral palsy lawyer can help guide other decisions too. The right lawyer will help you make financial decisions, set up trusts for your child’s care, and draft important legal documents to ensure your child will be cared for if you cannot.
Your child may also face discrimination at school and later in life. Your lawyer can help ensure that your child gets access to educational opportunities and the special education services to which they are entitled under the law.
Montana Medical Malpractice Laws
While relying on a Montana cerebral palsy lawyer is essential in ensuring your child gets justice and any damages that help cover care, you should also be aware of the laws that apply in these cases.
A vital law all families must understand, for instance, is the statute of limitations on medical malpractice cases.
In Montana, plaintiffs previously had two years from when the incident occurred or when you should have reasonably become aware of it to file a lawsuit. After July 1, 2019, this changed to three years.
Another relevant law to understand, which will affect how you approach a lawsuit, is a cap on non-economic damages. These are the costs of pain, suffering, and other factors that don’t have a specific monetary value.
Montana law does not let you recover more than $250,000 in non-economic damages.
Montana also requires that you file an Application for Review of Claim before you can go to trial with your lawsuit.
An Application for Review of Claim should contain information about the negligence you are claiming, and it must be reviewed by a panel of three doctors and three lawyers.
This review panel is an important reason you need a lawyer on your side. The board can decide if your case has merit and if it can proceed. The group can also settle your case, but if you are allowed to continue and go to trial, the panel’s decision is not admissible in court. It isn’t easy to get this far without a legal expert.
Disability Rights in Montana
The laws that govern your child’s rights as a disabled person can also be challenging to understand. They include both federal and state laws.
For instance, a relevant national law that you need to know to support your child is the Individuals with Disabilities Education Act.
The education law entitles your child to have a free and appropriate education. It means your child should have access to the same education as any other child, as long as it is reasonable.
Finding Your Montana Cerebral Palsy Lawyer
To find the best Montana cerebral palsy, check with the state bar association, local community groups for disabled rights, and parents of other children with disabilities. You need a lawyer with real experience working with families like yours.
Don’t settle for a general personal injury lawyer who lacks the depth of knowledge you need for a birth injury malpractice case.
Choose the lawyer with the expertise and who makes you feel comfortable. This professional should be able to help you for years in planning your child’s future.
Take time to search for the best lawyer to have the best possible chance of winning for 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
- Title 25, Chapter 9, MCA. Part 4. Periodic payment of damages -- medical malpractice damage limitations. (n.d.). Montana State Legislature.
Retrieved from: https://leg.mt.gov/bills/mca_toc/25_9_4.htm
- 27-6-302. Contents of application -- waiver of confidentiality of medical and dental records, MCA. (n.d.). Home - Montana State Legislature.
Retrieved from: https://leg.mt.gov/bills/mca/title_0270/chapter_0060/part_0030/section_0020/0270-0060-0030-0020.html
- 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/