Ohio Cerebral Palsy Lawyer

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Contact an Ohio cerebral palsy lawyer if your child has cerebral palsy and you suspect medical negligence caused the disorder. The right lawyer can give you the best possible chance of getting justice and compensation. An experienced attorney may also be able to help you if your child has faced discrimination.

When Do I Need an Ohio Cerebral Palsy Lawyer?

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.

You need a lawyer right away to file an Ohio medical malpractice lawsuit on time. 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 be cared for no matter what happens to you.

How Can an Ohio Cerebral Palsy Lawyer Help My Family?

When you hire a specialty lawyer with expertise and experience in medical malpractice, disabilities, and birth injuries, you get an ally who 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 for the plaintiff to navigate 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 challenging the local schools that refuse to implement your child’s educational plan.

Ohio Medical Malpractice Laws

The right lawyer has a deep understanding of these laws, which vary by state. However, you can make better decisions for your child if you understand some basics.

Statute of Limitations

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.[1]

How Much Compensation Can I Get for Cerebral Palsy?

The value of cerebral palsy lawsuits varies depending on individual factors. You can generally recover damages for medical expenses, home care costs, therapy and medication costs, and loss of income.

Ohio caps damages, which is the amount of compensation you can get in a medical malpractice lawsuit. Noneconomic damages are limited to $250,000 or three times the economic damages but not to exceed $350,000.

Total damages are capped at $500,000 for most cases. Exceptions can be made for catastrophic injuries, raising the limit to $1,000,000.[2]

Affidavit of Merit

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.[3]

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.

State laws and agencies also protect people with disabilities, ensure access, and advocate for those who are denied opportunities or experience discrimination.

Your Ohio-based lawyer will understand which federal or state laws and which agencies help fight a battle to ensure your child gets the right educational services and other opportunities.

Cerebral Palsy Lawsuit 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.[4]

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 misused a labor-inducing drug called Pitocin. 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 an Ohio Cerebral Palsy Lawyer

Not all medical malpractice cases in birth injuries are as straightforward as the above. You need the best lawyer to make a strong case, which is challenging to do in the face of big insurance company legal teams.

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 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 impacting your child’s life.