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An Ohio cerebral palsy lawyer is an expert in birth injuries, disabilities, and medical malpractice. If your child has cerebral palsy and you suspect medical negligence caused the disorder, you need a lawyer who can give you the best possible chance of winning justice. An experienced attorney may also be able to help you if your child has faced discrimination.
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. However, keep in mind that your child’s disability could 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.
Get Matched with a Leading Birth Injury Attorney in Your AreaGet Help Now
The need for a lawyer for a medical malpractice lawsuit is immediate, but you will 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 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 have 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 help you, your family, and your child in many ways. One of the most important and immediate is 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, there is a statute of limitations, a time limit necessary for when you can file a medical malpractice lawsuit. It is one year from when the negligence occurred or when you discovered it, but no more than four years from the incident.
The compensation amount you can recover in a case is not limited, but Ohio does cap non-economic damages. You can recover no more than $350,000 for the intangible costs of being disabled.
Also, restricting for plaintiffs is the requirement that you submit an affidavit of merit when filing your lawsuit.
The merit is a statement from a qualified medical expert that your case has value 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 they get older.
School can be particularly problematic, and it is vital to understand disabled and educational rights in the state to protect your child.
For instance, federal laws are supposed to ensure that children, including those with disabilities, have 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 help fight a battle to ensure 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. The 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 called Pitocin inappropriately. It led to a ruptured uterus and oxygen deprivation.
The jury awarded the family damages of $31 million. In 2009, it was the most significant jury award for medical malpractice in Ohio history.
How to Find a Good Ohio Cerebral Palsy Lawyer
Not all medical malpractice cases in birth injuries are as straightforward as the above. To make a strong case, which is challenging to do in the face of big insurance company legal teams, you need the best lawyer.
The lawyer must 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.
An expert attorney 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.
- 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
- 2323.43 limitation on compensatory damages that represent economic loss. (n.d.). Ohio Revised Code.
Retrieved from: https://codes.ohio.gov/orc/2323.43v1
- 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
- Staffing agency settles birth injury case jury tagged at $31M. (n.d.). Legal News & Analysis on Litigation, Policy, Deals : Law360.
Retrieved from: https://www.law360.com/articles/1160350/staffing-agency-settles-birth-injury-case-jury-tagged-at-31m