An Ohio cerebral palsy lawyer is an expert in the area of birth injuries, disabilities, and medical malpractice. This is a lawyer who can help parents of children diagnosed with cerebral palsy file a malpractice lawsuit, investigate to find evidence, and recover damages that will provide lifelong care for the disabled child.
If your child has received this diagnosis, you may not know what to do next. Going up against a doctor or hospital can seem daunting, but the right lawyer will be able to tell you if it is possible. That lawyer can then give you the best possible chance of winning justice for your child.
Why Hire an Ohio Cerebral Palsy Lawyer Now
With a diagnosis of cerebral palsy you may feel overwhelmed. You want to do the best for your child but don’t know where to start. This is the most important reason to hire the right lawyer as soon as possible. Your child’s disability may be a result of medical malpractice and you could be entitled to substantial damages. An experienced lawyer can investigate your case, tell you if you have a strong case, and file your lawsuit with the backing of qualified medical experts.
The need for a lawyer for a medical malpractice lawsuit is immediate, but you will may also need to hire a lawyer in the future. A child with disabilities may need a lawyer to fight against discrimination, or access to services, and for equal opportunities and educational resources. You may also need a lawyer to set up a trust for your child, a conservatorship, or a living will to ensure your child will be cared for no matter what happens to you.
How an Ohio Cerebral Palsy Lawyer Can Help
When you choose to hire a specialty lawyer, someone with expertise and experience in medical malpractice, disabilities, and birth injuries, you get an ally that can provide help for you, your family, and your child in many ways. One of the most important and immediate is in guiding you through a malpractice lawsuit.
This is so important because it is nearly impossible as the plaintiff to make it through this process without professional legal guidance. The system and laws make it restrictive and difficult for victims of medical negligence. Your lawyer can help you by giving you the best chance of winning, which means recovering significant damages to cover the costs of your child’s ongoing care.
Your lawyer will be on your side right from the beginning when you realize that your child was negligently harmed. And that lawyer can help you as your child grows. You may need help accessing government benefits, fighting against organizations that deny your child access, or going up against the local schools that refuse to put your child’s educational plan into action.
Ohio Medical Malpractice Laws
The right lawyer has a deep understanding of these laws, which vary by state. But you can make better decisions for your child if you also understand some of the basics. For instance, know that there is a statute of limitations, a time limit essentially on when you can file a medical malpractice lawsuit in the state. It is set at one year from when the negligence occurred or from when you discovered it, but no more than four years in total from the incident.
While the amount of damages you can recover in a case related to actual expenses are not limited, Ohio does cap non-economic damages. You can recover no more than $350,000 for intangible costs of being disabled. Also restricting for plaintiffs is the requirement that you submit an affidavit of merit when filing your lawsuit. This is a statement from a qualified medical expert that your case has merit and that you likely were a victim of malpractice.
Disability Rights in Ohio
Your child may face discrimination and other issues related to being disabled as he or she gets older. School can be particularly problematic, and it is important to understand disabled and educational rights in the state to protect your child. For instance, federal laws are important in ensuring that every child, including those with disabilities, has access to a free and appropriate education.
There are also state laws and agencies that protect the disabled, ensure access, and advocate for those who are being denied opportunities or experiencing discrimination. Your Ohio-based lawyer will understand which laws, federal or state, and which agencies are helpful in fighting a battle to make sure your child gets the right educational services and other opportunities.
Cerebral Palsy Wins in Ohio
Ohio cerebral palsy lawyers are always hard at work trying to win justice for those who became disabled because of medical malpractice. There are many examples of cases in which lawyers won their clients justice and compensation. These include the case of a child born in Dayton, Ohio at Miami Valley Hospital in December of 2000.
The jury agreed with the family and their legal team that the medical staff was negligent in causing the baby to be deprived of oxygen for about 20 minutes. That period of time without oxygen caused serious brain damage, which led to cerebral palsy and severe disabilities that require care 24 hours a day.
The mother in this case was known by the staff to be at high risk for a uterine rupture during childbirth. Yet they failed to monitor fetal distress and used a labor-inducing drug, known as Pitocin, in appropriately. All this led to the ruptured uterus and oxygen deprivation. The jury awarded the family damages of $31 million. To that point in 2009 it was the largest jury award for medical malpractice in Ohio history.
How to Find a Good Ohio Cerebral Palsy Lawyer
Not all cases of medical malpractice in birth injuries are as straightforward as the above. To make a strong case, which is difficult to do in the face of big insurance company legal teams, you need the best lawyer. And that lawyer needs to truly specialize in medical malpractice, birth injuries, and disabilities. This will give you the best chance of success in a lawsuit.
The state bar association can direct you to lawyers with the right expertise and specialty. You can also contact organizations that work with families of disabled children or specifically with people diagnosed with cerebral palsy. They will have a lot of legal contacts and may be able to recommend the right lawyer for your situation.
When you have a child diagnosed with a lifelong disability like cerebral palsy, you may not know what to do next or where to turn. An Ohio cerebral palsy lawyer with experience helping parents just like you can guide your next steps. This expert can give you the advice and information you need to take legal action and make other important decisions that will impact your child’s life.