This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.
For any content issues please Contact Us.
Oregon cerebral palsy lawyers are available to help you if your child’s disorder resulted from medical negligence. You may want to take legal action to recover damages. A qualified lawyer is also on hand to assist you if your child has faced discrimination.
Why Do I Need an Oregon Cerebral Palsy Lawyer?
If you are the parent of a child with cerebral palsy, there are several reasons you need a lawyer. It starts with your initial diagnosis. Did your doctor make a mistake? Did something go wrong during labor and delivery? Were your concerns ignored?
Your baby may have cerebral palsy because of negligence, a failure of your medical team to provide adequate care. An Oregon cerebral palsy lawyer can tell you if you have a case and give you a chance to recover the damages your child can use for years to come.
Get Matched with a Leading Birth Injury Attorney in Your AreaGet Help Now
As your child gets older, expect to face ongoing legal issues and significant financial decisions. You may want to make a living will, set up a trust, or start a conservatorship to ensure your child’s future.
Also, if your child faces discrimination, is denied access or appropriate education services, or doesn’t get the benefits you believe are owed, a lawyer may be necessary to fight back.
How Your Oregon Cerebral Palsy Lawyer Will Help Your Child
Having a lawyer on your side will help both you and your child. For you, this expert will provide guidance, information, advice, and the help you need to make the best decisions for your child’s future.
This can help you feel better about your choices and take away some of the stress of the cerebral palsy diagnosis.
For your child, a lawyer is an ally and advocate. The right professional will give you the best chance of recovering damages.
Your lawyer will also help ensure your child gets justice in the face of discrimination. The right lawyer knows your child’s rights under the law and can help you fight successfully against schools denying special education services, organizations denying opportunities, or the government denying benefits.
Oregon Medical Malpractice and Disability Laws
Medical malpractice cases are among the most complex and challenging to win, so you need an Oregon cerebral palsy lawyer to help you. The laws governing these cases vary by state.
In Oregon, for instance, you have two years from when you discovered the negligence to file a malpractice lawsuit. You might not have known, though, that there is an exception for minors.
Oregon also allows for mediation between plaintiffs and defendants to help reduce the number of cases that go to trial. Your lawyer will be able to fight on your side during arbitration and take your case to court if necessary.
Damages for non-economic factors, like pain and suffering, were capped under Oregon law. The courts overturned the cap, calling it unconstitutional. You can now seek as much as you think is fair for your child.
Once you have settled a malpractice suit, your child may be old enough to be in school. Here they may face discrimination or denial of services and benefits.
Both federal and state laws protect your child from discrimination and ensure a free and appropriate education.
Your lawyer can explain your child’s rights and help you decide to fight back when necessary.
Medical Malpractice Cases in Oregon
Oregon cerebral palsy lawyers have been fighting for disabled people in the state and winning. Examples of successful cases give you an idea of what the right lawyer can do for you and your child.
In a 2008 case, lawyers won $9.3 million for a family whose child suffered brain damage after 15 minutes without oxygen during treatment at Oregon Health and Science University.
The baby was being treated for a congenital heart defect when his breathing tube dislodged. No one noticed or corrected it until it was too late, and he suffered brain damage and cerebral palsy.
In a more recent case, from 2016, a family’s lawyer helped them recover $13 million after a scary incident during a water birth. The mother chose to have a water birth at Legacy Good Samaritan Medical Center in Portland.
The midwife did not monitor the fetal heartbeat. No one realized that there was an issue with the baby. Once the mother was taken out of the tub to deliver frequently, it was too late for the baby.
The baby developed brain damage and is now severely disabled and was diagnosed with cerebral palsy.
How to Choose an Oregon Cerebral Palsy Lawyer
For a medical malpractice case, you need to act fairly quickly. However, you also need to take some time to be sure you choose the right lawyer. Interview a few lawyers before you settle on someone who makes you feel comfortable.
Consider only lawyers specializing in birth injury, cerebral palsy, medical malpractice, and disability rights.
A general lawyer will not have the expertise or experience you need to win your battles.
Great Oregon cerebral palsy lawyers are standing by right now to help you help your disabled child. Fight back against those medical professionals you trusted and who let you down.
With the right lawyer on your side, you can be sure you have the best chance of securing justice for your child.
- 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
- Lehman, C. (2019, March 25). Oregon house approves bill to remove cap on noneconomic injury damages. The Oregonian.
Retrieved from: https://www.oregonlive.com/politics/2019/03/oregon-house-approves-bill-to-remove-cap-on-noneconomic-injury-damages.html
- Sickinger, T. (2008, September 27). $38.5 million settles 6 malpractice cases for OHSU. The Oregonian.
Retrieved from: https://www.oregonlive.com/news/2008/09/ohsu_settles_malpractice_cases.html
- Greene, A. (2016, May 21). Botched water-birth lawsuit settles for $13 million. The Oregonian.
Retrieved from: https://www.oregonlive.com/portland/2016/05/legacy_emanuel_settles_botched.html