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If you live in Oklahoma and have a child diagnosed with cerebral palsy, you may need to start looking for an expert legal team to guide your next moves. Oklahoma cerebral palsy lawyers are familiar with state and federal laws that govern medical malpractice cases, disability rights, and discrimination. They have experience helping parents like you get justice for their children.
Whether you know for sure that your child was harmed by medical negligence or you only suspect it, finding the right lawyer is important. You may need to file a lawsuit to get both justice and the damages your child is entitled to, and that will provide for ongoing care, treatment, and therapy for years to come, expenses that can amount to millions of dollars over decades.
When to Hire an Oklahoma Cerebral Palsy Lawyer
If you have a child diagnosed with this condition, born in the state, don’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.
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Even if you aren’t sure what assistance you need now or actions you may take at present, having this expert on your side will be necessary for years to come. Now is the best time to establish a good relationship.
One of the first reasons you may need a lawyer is to help you determine if your child’s cerebral palsy was caused by medical negligence. If so, you may be entitled to compensation. 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. Examples include
- 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 the Right Lawyer Will Help Your Family
The right Oklahoma cerebral palsy lawyer has genuine expertise and experience in this area of the law. The right attorney for you should make you feel comfortable when making legal decisions.
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 helping your family provides significant stress relief in this difficult time.
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 so important because a win 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, it could run into the millions eventually.
Not only will your lawyer help you recover the damages you’re owed, but will also be able to help you in the years to come. 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 Select 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 who can show you that they have paid or won similar cases. Parents who have been through this before and organizations in your community that assists 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, you need to know that the laws vary by state and don’t always favor the victims.
Your lawyer will be able to explain more but understand the basics, like the statute of limitations. This law in Oklahoma states that you have seven years to start a lawsuit because your child is a minor. The time limit begins when you discover negligence harmed your child. 
You should also know that the state limits the damages you can recover in a case for non-economic costs, things like emotional suffering. These damages are capped at $350,000.  Recovered damages can also be diminished or denied if you are found to have played any role in the harm caused to your child, such as not following a doctor’s instructions.
One restrictive law that Oklahoma does not have is a requirement that you submit an affidavit of merit, a statement signed by a qualified medical expert showing that your case is valid. The state tried to impose this requirement, but it was determined to be unconstitutional. 
Oklahoma Disability Rights
Another reason to take legal action for a child with cerebral palsy is over discrimination and denial of services or opportunities. Both federal and state laws protect disabled residents. It is not legal to discriminate, to deny access to public spaces, or to deny special education services that will give your child a free and appropriate education.
Your lawyer will help you fight for these rights and will know whether to do so under federal laws like the Individuals with Disabilities in Education Act  or the Oklahoma Anti-Discrimination Act. 
Oklahoma Cerebral Palsy Wins
There are several examples of 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, an amount that 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. 
An Oklahoma cerebral palsy lawyer may be your best ally and advocate if you are facing 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.
- 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
- Oklahoma statutes :: Title 23. Damages :: §23-61.2. No limitation on bodily injury economic loss compensation – Limitation on bodily injury noneconomic loss compensation – Required findings. (n.d.). Justia Law.
Retrieved from: https://law.justia.com/codes/oklahoma/2014/title-23/section-23-61.2/
- 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
- Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
Retrieved from: https://sites.ed.gov/idea/
- 2014 Oklahoma statutes :: Title 25. Definitions and general provisions :: §25-1350. Employment based discrimination - Cause of action - Remedies - Procedure. (n.d.). Justia Law.
Retrieved from: https://law.justia.com/codes/oklahoma/2014/title-25/section-25-1350
- Indian health service ordered to pay $15 million for baby's brain damage. (2018, November 29). Indianz.
Retrieved from: https://www.indianz.com/News/2018/11/29/indian-health-service-ordered-to-pay-15.asp