New York Cerebral Palsy Lawyer
This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.
For any content issues please Contact Us.
Hiring a New York cerebral palsy lawyer is the first step in getting justice for your child born with this condition. Too many cases of cerebral palsy, which causes lifelong disabilities, could have been prevented if doctors, nurses, midwives, or technicians had been more careful. You need this lawyer on your side if you suspect your child’s condition was caused by medical malpractice.
Your child may also face discrimination or denial of special education services later in life. This and issues related to finances, government assistance, and legal documents may also require that you have a good lawyer on your side. Hire the right lawyer and you assure your child that you are doing the best possible to win justice and compensation for the best lifelong care and treatment.
When You Need a New York Cerebral Palsy Lawyer
Living with cerebral palsy will always be a challenge for your child, even with milder disabilities. Any parent with a baby diagnosed with this condition should find and work with a cerebral palsy lawyer. If your child was born in and you live in New York, you need a lawyer with experience working with disabled children and on malpractice cases.
Even if it turns out that malpractice was not involved in your case, and that your child’s disabilities could not have been prevented, you may still need this lawyer. Your child will need special services, treatments, and equipment in order to get the same education other children get. If your local schools are not providing what is needed, you may need to go up against them in a legal battle.
Also expect there to be a number of 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
Having the right New York cerebral palsy lawyer working for your family now will help you for years to come. One of the most important ways this will help your family is financially. 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 very high, so having this compensation will take a major burden off your shoulders.
As your child gets older, discrimination and issues at school can be problems. A lawyer who knows your family and your child’s rights can go up against organizations, like schools, to ensure your child has every opportunity and access as any other child.
Along the way your lawyer will be able to help you with a number of 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 denial of government benefits. Legal documents, like those for a living will or a conservatorship, are difficult to create without an expert lawyer.
Finding Your New York Cerebral Palsy Lawyer
To find the right lawyer, you need to do more than just 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. This means hiring a lawyer who specializes in malpractice and disabilities and who has won cases for families like yours.
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. You need the right lawyer to help guide you through these cases, but it also helps to have a basic understanding so you can 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 malpractice lawsuit.
In New York you will also come up against a barrier to filing your lawsuit in the form of an affidavit of merit. This means that your lawyer must get a signed statement from a qualified medical expert. The statement must indicate that your case has merit, that it 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. You may have to push your local schools to ensure you child has the services and technologies to achieve an appropriate education.
Disabled children and adults are also protected by state laws. In New York the state laws protecting civil rights for the disabled are actually broader than those guaranteed under the federal Americans with Disabilities Act. Your lawyer will know which laws to invoke to ensure your child equal access and opportunity.
Cases Won by New York Cerebral Palsy Lawyers
Lawyers in the state win cases all the time for families just like yours. And they often win large settlements for their clients. In one case the lawyer had to fight for the family three times, but never gave up hope. The child in question suffered brain damage at birth because of mistakes made at a hospital in Port Jefferson. The nurses failed to notice that the baby was being deprived of oxygen. The family was ultimately awarded $11 million.
Another case occurred in Brooklyn where a mother gave birth to twin girls. She did not get adequate care from her doctors who failed to notice signs of complications. These led to an early delivery. One of the girls ended up being born deaf and with paralysis in her vocal cords. The mother’s lawyer helped her recover $26 million in damages.
Living with cerebral palsy presents many challenges for your child. As the parent you have a responsibility to protect your child and get any services and treatments necessary. To do this you may need the support of a New York cerebral palsy lawyer.