A Nebraska cerebral palsy lawyer is the right ally for any family of a child diagnosed with this condition and living with disabilities. Cerebral palsy is a common neurological condition affecting motor control and movement, but it is often preventable. If your child was born with cerebral palsy, there is a good chance that medical malpractice is to blame and that you can recover damages to help pay for your child’s treatment and care.
Rely on a good attorney, someone with practical experience helping families like yours. Without a lawyer with the right expertise and knowledge, you run the risk of missing your chance to seek justice for your child and to get millions of dollars in compensation to help provide your child with the best care.
Do I Need a Nebraska Cerebral Palsy Lawyer?
If you live in Nebraska, your child was born here, and your child has been diagnosed with cerebral palsy, you need a good lawyer on your side. There are many reasons to need a lawyer when you have a child with serious disabilities, and finding the right one to rely on now and in the future is an important part of providing for your child’s ongoing care and support.
Finding that lawyer sooner will save you stress and time later. There are time limits on legal actions you can take, and the laws and processes can be very complicated to get through without a legal professional on your side.
Some of the reasons you may need that cerebral palsy lawyer now or at some point in the future include taking legal action to get justice and recover damages for medical malpractice, ensuring opportunities and access later, and ensuring your child gets appropriate special education services at school. Additionally, there are many other, smaller things you will need a lawyer for, such as setting up trusts and managing any settlements you receive.
How a Nebraska Cerebral Palsy Lawyer Can Help You and Your Child
One of the most important ways in which this specialty lawyer can help you and your family is by ensuring you can file a lawsuit for medical malpractice that has the best chance of success. These lawsuits are important for holding medical professionals responsible for the harm they cause by negligent actions. They are also important in recovering damages to help pay the costs of care for your child, potentially for life.
Negligence is not uncommon, and there is every possibility that your child’s disabilities would not exist if it weren’t for a medical mistake. A good lawyer can help you determine if negligence occurred, help you file a medical malpractice lawsuit, investigate and work with experts to make your case, and give you a better chance of winning.
A Nebraska cerebral palsy lawyer can also help your child as he or she grows. Children with disabilities are protected by laws and entitled to special educational services, but schools sometimes fail to provide them. A lawyer can help you face your schools and other organizations and ensure your child gets services, adaptive technologies, access, and opportunity.
How to Find the Right Lawyer
For your child with cerebral palsy and disabilities, you need a lawyer with real expertise and experience in disabilities and state medical malpractice laws. Don’t settle for anything less than a lawyer who specializes in these areas, not just general personal injury, and who can show you they have won similar cases.
In order to find such a lawyer, you may want to ask around with people you know in similar situations. Other parents with disabled children and community groups that work with families like yours can help guide you in the direction of a good lawyer. You can also turn to the state bar association to find a lawyer in good standing and with the right expertise.
Medical Malpractice Laws in Nebraska
Medical malpractice laws vary by state, and you need a basic understanding of those in Nebraska to help make better decisions. Your lawyer can guide you, but you should also know some of the major laws that impact how and if you can seek justice for your child. The statute of limitations, for instance, can limit when you file a lawsuit. For medical malpractice in Nebraska you have just two years from the time of the negligence or one year from when it was discovered to file a lawsuit.
Nebraska also has a law that impacts how much you can seek for damages in a lawsuit. The state has capped total damages, economic and non-economic, at just $1.75 million. That is expected to be challenged in the future, but for now you cannot recover more. Finally, you will need to rely on your lawyer to help you get past the state’s medical review panel before you can file a lawsuit. This requires that you present your evidence and medical expert testimony to a review panel. They must decide your case has merit to allow you to proceed with a lawsuit.
Disability Rights in Nebraska
There are state laws that protect rights for disabled people, but for a child the federal laws are most important. For instance, your child is entitled to a free and appropriate education under the Individuals with Disabilities in Education Act. This means schools have to provide your child with an education that is as close to that of other children as possible. If your child is not being given every opportunity at school, you may need a lawyer to force the school to act.
Cerebral Palsy and Disability Cases in Nebraska
There are plenty of examples of Nebraska cerebral palsy lawyers succeeding in winning justice and compensation for their clients. In one unfortunate case a baby born in 2010 at Methodist Women’s Hospital suffered severe brain damage after several mistakes were made. The midwife and doctor providing care failed to manage the baby’s difficulty breathing and used forceps inappropriately, among other errors. The parents of the baby were awarded $11.5 million by a jury in their malpractice suit.
If your child was born and then diagnosed with cerebral palsy, you may have a valid medical malpractice case. Mistakes happen all too often and it is important to hold medical professionals responsible for them. You can rely on a Nebraska cerebral palsy lawyer to help make your case, advise you in making decisions, and give you the best chance of helping your child by recovering damages to pay for care, treatment, and lifelong support.