A diagnosis of cerebral palsy for a child is devastating. But this condition does not have to mean that a child will not grow up into a productive, independent, and happy adult. Many people live well with this condition. However, most people also need a lot of treatment and therapy, which can be costly. A medical malpractice lawsuit may be necessary to recover damages if your child was diagnosed with cerebral palsy after a medical mistake.
To get justice for a child harmed by medical negligence isn’t easy. Find and rely on an experienced New Hampshire cerebral palsy lawyer to guide you through the process. This expert in the state’s laws will be able to tell you if you have a strong case, get you through the process of filing, and give you the best chance of winning the compensation in a cerebral palsy lawsuit that will provide your child with the best care.
Why Hire a New Hampshire Cerebral Palsy Lawyer?
With a diagnosis of cerebral palsy for your child, you may be wondering what to do next. This is where a New Hampshire cerebral palsy lawyer is necessary. You may want to hire this lawyer if you think you have a cause of medical malpractice. Your child’s condition may have been caused by a preventable mistake, and a lawyer can help you decide if a lawsuit is the right way to proceed.
You may also want to hire a lawyer to help you and your child with ongoing financial and legal issues. As your child gets older, for instance, you may face issues of discrimination, denial of access or opportunities, and problems getting needed special education services and technologies at school. You may need to make legal and financial decisions about wills, trusts, and conservatorships for your child and these will require a lawyer.
How the Right Lawyer Can Help
With so many potential reasons to turn to a lawyer, it helps to have a New Hampshire cerebral palsy lawyer you trust and can rely on at your side early in your child’s life. Establishing a good relationship with the right lawyer will help you with all kinds of decisions and legal processes now and in the future. Some of the ways in which a cerebral palsy lawyer can help include:
- Providing you with information to make better choices for your child.
- Starting a lawsuit and recovering damages for medical malpractice.
- Winning the compensation that will cover the costs of care.
- Being an advocate for your child at school and with special education services.
- Ensuring your child doesn’t face discrimination, or that discrimination is successfully challenged.
- Getting government benefits or rectifying reductions in benefits.
- Establishing a conservatorship or trust.
- Making legal documents for the care of your child.
New Hampshire Medical Malpractice Laws
Filing a medical malpractice lawsuit is probably the biggest reason you want to hire a cerebral palsy lawyer. The laws governing these cases vary by state, can be confusing, and often are biased toward the defendants. For example, you are limited to three years after you discover your child’s disabilities were caused by medical negligence to file a lawsuit.
Another important law states that you must go before a screening panel before filing your lawsuit. The panel can take up to six months to decide if your case has merit before allowing you to proceed. You will definitely need a good lawyer to make it through this process, which has lowered the total number of malpractice lawsuits in the state.
Understand Disability Rights
Your lawyer can help you understand your child’s rights under state and federal law, but it helps to know some of the most important facts. For instance, federal laws ensure your child has access to a free and appropriate education. This means the public schools must provide your child, within reason, with whatever is needed for your child to get the same education and opportunities as other children.
Other laws ensure your child cannot be discriminated against in public. They provide for access to air travel, public transportation, and public spaces. There are also state laws and a New Hampshire Commission for Human Rights. Your lawyer will know which laws or agencies apply in any situation in which your child experiences discrimination or denial of access and opportunity.
New Hampshire Cerebral Palsy Cases
Consider previous cases that went in favor of children with cerebral palsy and their families. In 2014 woman gave birth to a baby that suffered serious brain damage after being deprived of oxygen for too long. There were several issues, including a stalled delivery, umbilical prolapse, and low fetal heartbeat. The doctor tried to deliver the baby using forceps but failed and finally conducted a C-section. The child now has cerebral palsy and serious disabilities. In their case the family won $3.75 million as a settlement from the defendants.
Another case involved a midwife in Concord, New Hampshire who settled with a family for $730,000. The midwife failed to refer the plaintiff in the case to an obstetrician, in spite of detecting complications during the pregnancy. During labor the midwife could not detect the baby’s heartbeat but still did not send the plaintiff to the hospital. The baby ended up with serious brain damage and cerebral palsy.
Finding a New Hampshire Cerebral Palsy Lawyer for Your Child
These cases illustrate how important it is to have a lawyer to win cases. The results are the recovery of significant damages that help to provide care for the children who need it. To find a good lawyer make sure you select someone who specializes in these kinds of cases, not just personal injury cases in general.
A good place to start your search is with families of children with disabilities. You may have a local parents group or a community organization for helping disabled children. They may be able to refer you to a good lawyer. If you can’t find someone that way, try the state’s bar association, which can direct you to someone with the right area of specialty.
You should feel comfortable about the lawyer you choose to work with, as this expert can help you throughout your child’s life. Interview candidates, request references, and get whatever other information you need to feel good about the choice before settling on one lawyer or law firm.
With the right New Hampshire cerebral palsy lawyer on your side, guiding you and your family, you can better provide your child with all the rights to which he or she is entitled. You will also have a better chance of being able to win compensation so you can cover the costs of the treatments and therapies that will give you child the best life possible.