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Retaining a New York cerebral palsy lawyer is the first step in getting justice for your child. Some cerebral palsy cases could have been prevented if medical experts had been more careful, and in other instances, your child may also face discrimination. These issues are better handled if you have an experienced attorney on your side.
When You Need a New York Cerebral Palsy Lawyer
Living with cerebral palsy can be challenging for your child. A qualified New York cerebral palsy lawyer can help you fight for compensation that can help you make your little one’s life as comfortable as possible.
A qualified attorney understands the state’s intricate malpractice laws and will take care of the legal hurdles while pushing for justice.
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A cerebral palsy lawyer will also know the laws regarding discrimination against children with special needs.
Keep in mind that your child may need special services, treatments, and equipment to get a quality education. If your local schools are not providing what is required, you may need to file a claim.
There will be several battles to face over the years with a child with special needs. Having the right New York cerebral palsy lawyer on your side now will help you in the future.
How a Good Lawyer Will Help Your Family
A good New York cerebral palsy lawyer will help you for years to come. One of the most important ways this will help your family is financial. The right lawyer gives you the best possible chance of recovering damages in a medical malpractice case.
The costs of care and treatment for cerebral palsy can be high, so having this compensation will take a significant burden off your shoulders.
As your child gets older, as mentioned earlier, discrimination and issues at school can be a problem. A lawyer who knows your family and your child’s rights can go up against organizations to ensure your child has every opportunity as any other child.
Along the way, your lawyer will be able to help you with several other potential issues that may arise.
For instance, you may have financial decisions to make, like how to set up a trust for your child or fight against the denial of government benefits.
Like those for a living will or a conservatorship, legal documents are challenging to create without an expert lawyer.
Finding Your New York Cerebral Palsy Lawyer
To find the right lawyer, you need to do more than hire a general practice lawyer or a personal injury lawyer. You need someone with expertise, knowledge, and experience that relate directly to your child’s needs. Hire a lawyer who specializes in malpractice and disabilities.
You can turn to the state bar association to find a lawyer in good standing and with the right specialties. You may also want to check with local groups that support the disabled for a lawyer they know and trust.
Alternatively, if you have connected to other parents with disabled children, they may also have recommendations.
Medical Malpractice in New York
Medical malpractice laws, which vary by state, can be confusing. Your attorney will help guide you through the cases, but it also helps to have a basic understanding to make the right decisions. For instance, did you know there is a time limit on when you can file?
In New York, you have two-and-a-half years from when you realized negligence occurred to file a lawsuit.
In New York, an affidavit of merit is required before filing. Your lawyer must get a signed statement from a qualified medical expert.
The report must indicate that your case has value and is not frivolous. Finding the right expert and proving your case is difficult without a lawyer.
Your child with disabilities has certain rights that you need to fight for with a lawyer on your side. Your child, for instance, is entitled to a free and appropriate education under the federal Individuals with Disabilities in Education Act.
State laws also protect disabled children and adults. In New York, the state laws protecting civil rights for the disabled are broader than those guaranteed under the federal Americans with Disabilities Act.
Your lawyer will know which rules to invoke to ensure equal access and opportunity for your child.
Cases Won by New York Cerebral Palsy Lawyers
Lawyers in the state win cases for families just like yours. And they often win large settlements for their clients.
One particular case occurred in Brooklyn when a mother gave birth to twin girls. Mother Danielle Madden Buck filed a medical malpractice lawsuit against the Maimonides Medical Center after a botched delivery led to the death of one twin and severe disabilities in the other.
Citing court documents, the New York Post reports that one of the infants was born deaf and with paralysis in her vocal cords after inadequate care resulted in an early and risky delivery. The mother’s lawyer helped her recover $26 million in damages.
“I called the doctor and said I was still concerned because I still had spotting. She told me don’t worry about it,” mother Danielle Madden Buck told the New York Post, recalling when her doctor sent her home from the hospital when she should have been checked in.
“At the end of the day, I thought, if I file a lawsuit and there was negligence on their part, maybe they’ll think twice before they send another mother home.”
Living with cerebral palsy presents many challenges for your child. As a parent, you are responsible for protecting your child and getting any services and treatments necessary.
Make sure you have the support of an experienced and caring New York cerebral palsy lawyer who will help fight 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
- 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
- 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/
- 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
- Marsh, J. (2017, November 6). Jury awards $26M to parents after alleging hospital botched pregnancy. New York Post.
Retrieved from: https://nypost.com/2017/11/05/jury-awards-26m-to-parents-after-alleging-hospital-botched-pregnancy/