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Call an experienced Oklahoma cerebral palsy lawyer if you have a child diagnosed with cerebral palsy. Cerebral palsy and birth injury lawyers know state and federal laws governing medical malpractice cases, disability rights, and discrimination. They can help you file, navigate the legal system, and get a good outcome for your child.
Do I Need an Oklahoma Cerebral Palsy Lawyer?
You may need to file a lawsuit to get both justice and the damages your child is entitled to if you believe negligence caused their cerebral palsy. Damages from a lawsuit will provide for ongoing care, treatment, and therapy for years to come, expenses that can amount to millions of dollars over decades.
Don’t consider filing a medical malpractice case alone and without the experience of a qualified attorney.
Get Matched with a Leading Birth Injury Attorney in Your Area
Get Help NowDon’t wait to begin your search for an Oklahoma cerebral palsy lawyer. There are many reasons to rely on the guidance of a legal expert.
One of the primary reasons you may need a lawyer is to help you determine if your child’s cerebral palsy resulted from medical negligence. You’ll need a lawyer with expertise in state malpractice law to help you file a lawsuit and follow through to win justice and recover damages.
As your child gets older, there may be other reasons you’ll need a lawyer:
- To fight against discrimination
- To get government benefits to which your child is entitled
- To ensure your child gets special education services and technologies at school
- To draft legal documents and set up trusts to plan for your child’s future
How Will a Cerebral Palsy Lawyer Help My Family?
The right Oklahoma cerebral palsy lawyer has genuine expertise and experience in this area of the law. The right attorney should make you feel comfortable when making legal decisions.
- Peace of Mind. A good lawyer will provide you with guidance, advice, and knowledge, which can feel like lifting a huge weight from your shoulders. Knowing you have the right professional to help your family provides significant stress relief in this difficult time.
- Collecting Compensation. One of the most critical ways a lawyer can help is by providing the best possible chance of winning a medical malpractice case. Your case is important because winning means getting the money your family needs to provide your child with the best care. Treatments and therapies for cerebral palsy are costly, and if your child is severely disabled, the cost could eventually run into the millions.
- Fighting Discrimination. Not only will your lawyer help you recover the damages you’re owed, but they will also be able to help you in the coming years. If your child faces discrimination or a denial of services or benefits, your lawyer will help you fight back and get what your child needs. Knowing you have this ally and advocate for your child is a great feeling.
How to Find an Oklahoma Cerebral Palsy Lawyer
You may need a lawyer reasonably quickly, but take some time to consider your options. You need to feel good about the cerebral palsy lawyer guiding your decisions now and in the future. Don’t settle for a general lawyer.
Only hire someone with relevant experience to show you they have paid or won similar cases. Parents who have been through this before and organizations in your community that assist disabled residents can probably give you some recommendations and a place to start your search.
Oklahoma Medical Malpractice Laws
If you are considering starting a malpractice lawsuit against the medical professionals responsible for your child’s disabilities, knowing the laws can help. You need to know that the laws vary by state and don’t always favor the victims.
Statute of Limitations
Your lawyer will be able to explain more but understand the basics, like the statute of limitations. This law allows for two years from the time of a negligent incident, or when you discovered it, to file a lawsuit. Exceptions for minors allow until their 12th birthday to file.[1]
How Much Compensation Can I Get for Cerebral Palsy?
The state previously limited the amount of noneconomic damages a plaintiff could recover in a medical malpractice lawsuit. The cap was $350,000.
The Oklahoma Supreme Court ruled this cap unconstitutional in 2019.[2] You can now seek as much in damages as you think is fair and that your child needs.
Oklahoma Disability Rights
Another reason to take legal action for a child with cerebral palsy is discrimination and denial of services or opportunities. Both federal and state laws protect disabled residents.
It is illegal to discriminate, deny access to public spaces, or deny special education services that will give your child a free and appropriate education.
Your lawyer will help you fight for these rights and know whether to do so under federal laws like the Individuals with Disabilities in Education Act or the Oklahoma Anti-Discrimination Act.[3]
Cerebral Palsy Lawyers Win for Oklahoma Children
There are several notable wins by Oklahoma cerebral palsy lawyers for their clients. These can be inspiring and show you what is possible in winning justice for your child.
In one recent case, a family won $15 million, which was upheld even after appeals by the defendants.
The incidence of negligence occurred at the Chickasaw Nation Medical Center in 2016. A nurse ignored the doctor’s instructions and kept giving higher doses of medicine to a woman in labor.
The baby suffered brain damage, which was made worse by the negligent actions of doctors who delayed attempts to resuscitate him.
The little boy was diagnosed with severe cerebral palsy, and in a lawsuit, the family’s lawyer was able to help them recover $15 million.[4]
An Oklahoma cerebral palsy lawyer may be your best ally and advocate if you face a similar difficult situation.
No matter the degree of severity, if negligence caused your child to develop a disability, you have a right to take legal action and seek justice.
Get Matched with a Leading Birth Injury Attorney in Your Area
Get Help NowReferences
- Oklahoma State Legislature. (n.d.). Oklahoma Statutes. Title 76. Torts.
Retrieved from: http://www.oklegislature.gov/osStatuesTitle.aspx - Douglas, K. (2019, April 24). Oklahoma Supreme Court Overturns Law that Caps Pain and Suffering in Personal Injury Lawsuits. KFOR.
Retrieved from: https://kfor.com/news/oklahoma-supreme-court-invalidates-civil-justice-damages-cap/ - U.S. Department of Education. (n.d.). About IDEA.
Retrieved from: https://sites.ed.gov/idea/about-idea/ - Indianz.com. (2018, November 29). Indian Health Service Ordered to Pay $15 Million for Baby's Brain Damage.
Retrieved from: https://www.indianz.com/News/2018/11/29/indian-health-service-ordered-to-pay-15.asp