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North Dakota cerebral palsy lawyers are ready and waiting to help parents like you. If your child’s disorder happened due to medical negligence, they can help you file a medical malpractice lawsuit and recover damages. An attorney can also assist you if your child has been discriminated against.
When Do I Need a North Dakota Cerebral Palsy Lawyer?
Medical errors are sometimes why a child develops cerebral palsy, a condition that causes disabilities and for which there is no cure. Depending on how severe your child’s limitations are, the costs of care for decades to come could add up to millions.
Seeking Compensation
The right cerebral palsy lawyer can help you make tough legal and financial decisions to ensure your child receives the best treatments and therapies.
Get Matched with a Leading Birth Injury Attorney in Your Area
Get Help NowThe best attorney for the job has specific experience with families like yours and in the laws that govern disability rights and cerebral palsy lawsuits in North Dakota.
Any parent with a child diagnosed with cerebral palsy should consult an experienced lawyer as soon as possible for guidance on filing a medical malpractice lawsuit. Too often, a tragic mistake is made that leads to a child developing cerebral palsy.
Doctors and other caregivers are responsible for meeting a certain standard of care. When they don’t, they must be held accountable, and the victims who suffered are entitled to compensation. Your lawyer is necessary to take steps to make sure this happens.
Other Legal Issues
Another reason to hire a lawyer now, regardless of whether you think malpractice played a role in your child’s condition, is to make important legal and financial decisions.
A child with lifelong disabilities means that you will have to set up finances and legal documents to ensure their ongoing care.
Unfortunately, your child may also experience discrimination or be denied the right to an appropriate education. Hire a lawyer to go up against those denying access and your child’s rights.
How Will a Cerebral Palsy Lawyer Help Me?
The best North Dakota cerebral palsy lawyer will give you peace of mind. Making the best decisions for your child can be stressful and uncertain.
Your lawyer can’t make your decisions but can give you the information you need and sound advice to make those choices easier.
You may be afraid to proceed when considering going up against the insurance teams protecting doctors and hospitals in a malpractice case. Following through and winning a medical malpractice lawsuit is daunting, but a lawyer can help.
The right legal team will take you through the process and give you the best chance of winning against influential insurance lawyers. The money will help you help your child by covering the costs of care.
As your child ages, you may need to go up against more organizations and people denying access or rights. For instance, your local schools may not be following through with an individual education plan for your child.
Your lawyer can help you draft documents, set up trusts, create a conservatorship, and proceed with several legal and financial actions throughout your child’s life.
Medical Malpractice Laws in North Dakota
To best help your child and make the right choices, you should rely on guidance from your lawyer and a basic understanding of the laws in North Dakota.
The statute of limitations on malpractice cases limits when you can file and could cause you to miss your chance if you aren’t aware of it.
You have two years after discovering negligence to file a lawsuit but no more than six years after the incident. For minors, that limit extends to 12 years.[1]
The state also has instituted a requirement to submit an affidavit of merit to prove your case is not frivolous. The affidavit must be filed before you can start the lawsuit. It requires the signature of a qualified medical expert.[2]
North Dakota Cerebral Palsy Lawyers and Disability Rights
Once your child is old enough to go to school, you may begin to face the issue of discrimination and denial of rights.
Under the federal Individuals with Disabilities in Education Act, your child has a right to free and appropriate education.
If your schools are not providing everything needed to achieve that, you have a right to challenge them. The state of North Dakota also has laws that protect people with disabilities, including the North Dakota Human Rights Act.[3]
The act ensures disabled residents’ access to public accommodations, housing, employment, and public services. If you are experiencing a violation of rights, your lawyer will understand where to take your child’s case.
How to Find a North Dakota Cerebral Palsy Lawyer
It is essential to search for a lawyer as soon as possible. Your lawyer will help you make crucial decisions that can affect your child for life, beginning with whether or not to file a lawsuit and seek damages.
To find the right lawyer, be sure you only hire someone with relevant experience helping similar families and winning cases.
There are a few places to look for a lawyer with the right specialty practice and expertise: the state bar association, other parents you know with disabled children, and any community groups that work with disabled people.
Finding the right lawyer for your child and family is essential. You may feel lost and unsure of what to do after your child gets diagnosed with cerebral palsy.
A North Dakota cerebral palsy lawyer will be your best ally in deciding what to do next and obtaining justice for the harm caused to your child.
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Get Help NowReferences
- North Dakota Legislative Branch. (n.d.). Title 28. Judicial Procedure, Civil. Chapter 28-01. Time for Commencing Actions.
Retrieved from: https://ndlegis.gov/cencode/t28c01.pdf#nameddest=28-01-18 - Morton, H. (2021, August 11). Medical Liability/Malpractice Merit Affidavits and Expert Witnesses. National Conference of Legislatures.
Retrieved from: https://www.ncsl.org/financial-services/medical-liability-malpractice-merit-affidavits-and-expert-witnesses - North Dakota Legislative Branch. (n.d.). Chapter 14-02.4. Human Rights.
Retrieved from: https://www.legis.nd.gov/cencode/t14c02-4.pdf?20150821135716