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Contact an experienced Nevada cerebral palsy lawyer if you think your child developed CP after negligent medical mistakes. Laws are complicated and vary by state, but a lawyer experienced with medical malpractice cases is an invaluable ally to have by your side. A qualified attorney can also help with discrimination concerns.
Why Would I Need a Nevada Cerebral Palsy Lawyer?
If you have a child with CP, there are several reasons you may need a cerebral palsy lawyer. Not only do you need a lawyer, but you need a qualified one with specific knowledge and experience with cases involving children with cerebral palsy and disabilities.
The most pressing reason to retain a lawyer is if your child’s condition resulted from medical malpractice.
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Sometimes, cerebral palsy could have been prevented if not for the medical negligence of a healthcare provider. The right lawyer can help you hold accountable those responsible for your child’s condition.
Further, as your child gets older, they may experience discrimination. You may find that your child is not being provided with the same education as others or getting necessary accommodations in school. A lawyer who understands disabilities and civil rights can help you get services and access for your child.
Finally, a lawyer may be necessary to help you make all kinds of legal and financial decisions and draft documents that are necessary when you have a disabled child.
How the Right Lawyer Can Help You and Your Child
It can feel overwhelming to face raising a child diagnosed with cerebral palsy. You don’t yet know how extensive your child’s disabilities will be, what treatments will cost and whether your child will even be independent or mobile. There are also financial and legal decisions to be made, now and in the future.
One of the most critical ways a Nevada cerebral palsy lawyer can help is to take some of this pressure off your shoulders. The right lawyer will have the knowledge and experience to guide you and help you make decisions.
A trustworthy lawyer will give you an honest opinion as to whether or not you have a valid medical malpractice case.
A reliable birth injury attorney will take you through the process and give you the best chance of winning the justice and getting the compensation that will provide for your child’s care.
If your child experiences any discrimination, particularly at school, your lawyer can help you get justice and services.
A school, for instance, may not be adhering to the individualized education plan developed for your child. A lawyer will help ensure that it is followed. Your lawyer can ensure that your child’s rights to accessible air travel and public transportation are not denied.
The lawyer you choose to trust with your legal needs can be your guide throughout your child’s life. This legal expert can help you draft critical legal documents regarding your child’s care, for instance, or help you establish a trust or conservatorship.
Finding the Best Nevada Cerebral Palsy Lawyer
To find the right lawyer to help you in all these ways, you need to look in the right places. Don’t hire any personal injury lawyer; you need a specialist.
Look for a law firm or lawyer with experience working with families like yours. Start with the state bar association to search for a lawyer with the right specialty or check with community groups that assist disabled people. These groups can help you find a lawyer with the right experience.
Nevada Medical Malpractice Laws and Disability Rights
Malpractice laws may be most important to you as you try to determine why your child developed cerebral palsy. The requirements vary by state and can be confusing. In Nevada, for instance, you have three years from when the medical negligence occurred to file a lawsuit.
Exceptions allow you to submit three years after discovering the error, but you must show strong evidence that you could not have known about it sooner. You will need a good lawyer to ensure you don’t miss your window for filing.
Unfortunately, Nevada law also caps how much money you can recover in non-economic damages. Your child is limited to just $350,000 for intangible costs like the pain, suffering, and lack of independence caused by medical negligence.
You will also need a lawyer who can help you come up with an affidavit of merit. A qualified medical expert signs this statement to confirm your case has value and is not frivolous.
All disabled children and adults are protected by federal laws, like the Americans with Disabilities Act. Your child is entitled to equal access, opportunity, and education to a reasonable extent.
There is room for interpretation in these laws and Nevada state laws. The right lawyer can help you ensure your child gets what they are entitled to under these laws.
Nevada Birth Injury and Cerebral Palsy Cases
In 2005 a woman giving birth at University Medical Center died during an emergency delivery. Her baby survived but suffered severe brain damage. The father won a malpractice settlement, but it took five years.
These cases and others stress how crucial it is to have the right lawyer on your side when going up against powerful hospital legal teams.
A Nevada cerebral palsy lawyer can be your best ally throughout your child’s life. Being born with cerebral palsy presents many challenges, but with justice and compensation from those responsible, you can cover the costs of your child’s much-needed care.
- 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
- What is the Americans with Disabilities Act (ADA)? (n.d.). ADA National Network | Information, Guidance and Training on the Americans with Disabilities Act.
Retrieved from: https://adata.org/learn-about-ada