A Nevada cerebral palsy lawyer may be able to help your family if you have a child diagnosed with this condition. Cerebral palsy causes a number of disabilities, and in many cases it is caused by medical mistakes that should never have happened. With the right lawyer on your side you can determine if your child’s disabilities were caused by medical malpractice and if a lawsuit is the right move.
If you do file a lawsuit you will need the expertise and the experience of a cerebral palsy in the state. Laws are complicated and vary by state. Getting the compensation your child needs and deserves is difficult to do without expert legal help. Look for a Nevada cerebral palsy lawyer who has handled cases like yours and won justice and compensation for other families.
Why Would I Need a Nevada Cerebral Palsy Lawyer?
If you have a child with cerebral palsy, there are several reasons you may need a specialty lawyer. Not only do you need a lawyer, but you need someone with specific knowledge and experience working for families of children with cerebral palsy and disabilities.
The most urgent reason you may need to hire a specialty lawyer is that your child’s condition may have been triggered by medical malpractice. It is not uncommon for the brain damage that causes cerebral palsy to have been preventable, the result of a mistake by a doctor, nurse, or midwife. The right lawyer can help you hold accountable those who are responsible for your child’s condition.
Another reason may be less urgent but may come up eventually. As your child gets older he or she may experience discrimination. In school you may find that your child is not being provided with the same education as others or getting necessary accommodations. 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 document 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 newly 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 important ways in which 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. Most importantly a lawyer will give you an honest opinion as to whether or not you have a valid medical malpractice case. If you do, your lawyer will take you through the process and give you the best chance of winning justice of getting compensation that will provide for your child’s care.
If your child experiences any kind of 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 important 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 be able 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 laws 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 file three years after you discover 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 the medical negligence. You will also need a lawyer who can help you come up with an affidavit of merit. This is a statement signed by a qualified medical expert to confirm your case has merit and is not frivolous.
All disabled children and adults are protected by federal laws, like the Americans with Disabilities Act, the Individuals with Disabilities in Education Act, and the No Child Left Behind Act. Your child is entitled to equal access, opportunity, and education to the extent that is reasonable. There is room for interpretation in these laws, as well as Nevada state laws. The right lawyer can help you ensure your child gets what he or she is 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 serious brain damage. The father was able to win a malpractice settlement, but it took five years. In another case a woman in the state recovered $2 million in damages after developing cerebral palsy. These cases, and others, show just how important it is to have the right lawyer on your side when going up against powerful hospital’s and physician’s 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.