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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.
Reasons to Hire 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.
An excellent cerebral palsy lawyer will be able to help you make tough legal and financial decisions so you can give your child the best treatments and therapies.
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The best attorney for the job has specific experience with families like yours and in the laws that govern disability rights and malpractice 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 have a responsibility to meet 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.
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 Your Lawyer Will Help You
The best North Dakota cerebral palsy lawyer will give you peace of mind. A considerable amount of stress and pressure comes with trying to make the best decisions for your child.
Your lawyer can’t make your decisions but can give you the information you need and sound advice to make those choices a little easier.
You may be afraid to proceed when you think of going up against the insurance teams protecting doctors and hospitals in a malpractice case. It is a daunting task to follow through with and win a medical malpractice lawsuit, 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 gets older, 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.
Trying to force the schools to give your child needed tools and services is challenging, but a lawyer can help.
Your lawyer will be able to help you draft documents, set up trusts, make 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. For minors, you have 12 years from the actual incident.
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.
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 the disabled, including the North Dakota Human Rights Act.
The act ensures disabled residents access to public accommodations, housing, employment, and public services. Your lawyer will understand where to take your child’s case if you are going through a violation of rights.
Finding Your North Dakota Cerebral Palsy Lawyer
Searching for a lawyer as soon as possible is essential. 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.
- 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
- North Dakota Human Rights Act. (n.d.). North Dakota Department of Labor and Human Rights.
Retrieved from: https://www.legis.nd.gov/cencode/t14c02-4.pdf?20150821135716