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A Pennsylvania cerebral palsy lawyer can be your best advocate and guide when you face legal issues surrounding your child’s disabilities. Cerebral palsy is sometimes caused by medical negligence, and a medical malpractice case may be the best way you have to fight for justice for your child and to recover damages.
Filing a case like this is awkward. The laws vary by state and are complicated. Choose only a lawyer with expertise in medical malpractice laws and experience helping other disabled children and their families.
Who Needs a Cerebral Palsy Lawyer?
Anyone with a child diagnosed with cerebral palsy or other birth injuries will need excellent legal assistance. The most immediate need for the right lawyer is to determine if you can or should file a medical malpractice case.
You may be unsure if your child suffered because of negligent medical care, but the right lawyer can investigate and give you an answer. This lawyer can then guide you through the steep, complicated process of filing and winning a lawsuit against the high-powered legal teams that back doctors and hospitals.
Once your child is older, you may need a lawyer for issues of discrimination, denial of services, denial of special education, government benefits, and more. Your child with disabilities will face challenges for the rest of his or her life, and a lawyer can help in many of those situations by providing answers, guidance, advice, and advocacy.
How a Pennsylvania Cerebral Palsy Lawyer Can Help You
First, the right lawyer will help you decide if you have a valid medical malpractice case. You may be confused and overwhelmed right now, which is why you need professional expertise and guidance. Your lawyer will take some of the burdens off your shoulders and help you make more informed choices.
Your lawyer will also give you a better chance of winning if you do choose to file a lawsuit. Your doctor or hospital has big insurance companies behind them with an impressive legal team.
Without an expert lawyer on your side, you stand little to no chance of winning against them. And that win is vital for your family because your lawyer can improve your chances of getting the compensation that will allow you to provide the best care for your child.
You’ll also need help with smaller decisions in the future. For instance, if you need to start a trust for your child or set up a conservatorship, your lawyer can help. And if you are later denied government benefits or special education services, your lawyer will fight for your child.
Pennsylvania Medical Malpractice Laws
Malpractice laws are different in every state; one of the many reasons you need to rely on the right lawyer to guide your legal decisions. These laws can be complicated and often restrict the options of plaintiffs and victims of negligence. For instance, you may not realize that in Pennsylvania, you have just two years from the time you realized negligence occurred to file a lawsuit.
Pennsylvania law also makes filing a case more difficult by requiring that you submit a certificate of merit. This is a document signed by a qualified medical expert. It states that your claim has value, that the opinion of the expert is that your child likely suffered from medical negligence.
It’s difficult, if not impossible, to get this document without the assistance of a lawyer who has connections with medical experts.
Disability Rights and Laws
Once the immediate need to seek justice and recover damages for medical malpractice has passed, your child still may face legal issues. Discrimination, denial of access and opportunity, and other problems may meet your child as he or she gets older.
Schools, for instance, may deny your child the special education services and technologies you believe are necessary. They may neglect to follow your child’s individualized education plan. Both of these are violations of the law.
The federal law Individuals with Disabilities in Education Act ensures that your child is entitled to a free and appropriate education, which means schools must provide necessary services beyond what other children receive.
A reputable lawyer is well-versed in the laws that protect the disabled. There are several federal laws and state laws and institutions that protect the rights of the disabled. Knowing where to turn when you face discrimination is confusing without the right legal guidance.
Cerebral Palsy and Birth Injury Wins in Pennsylvania
Pennsylvania cerebral palsy lawyers are always working hard to win cases for children and families dealing with birth injuries caused by medical negligence. Seeing some of the positive outcomes for other families may inspire you to take legal action or feel better about your chances of winning justice.
In one case, a woman in her first pregnancy called her doctor to describe troubling symptoms of pain and swelling. Her doctor instructed her to take some acetaminophen to resolve the issues.
Unfortunately, she was later found unconscious at home having had a seizure and a stroke from pre-eclampsia, a dangerous pregnancy complication. Her baby developed irreversible brain damage at that point, from oxygen deprivation. That child now lives with cerebral palsy. The family’s lawyer won them $3.75 million in a malpractice lawsuit.
An even more significant award of $40.3 million went to the family of a young girl born with a spinal injury because of how she was delivered. Born along with a twin, the girl was in the breech position during delivery.
When trying to get her out of the birth canal, the doctor failed to protect the baby’s head and neck. She suffered the injury that led to paralysis from the chest down that may be permanent. The family’s lawyer successfully argued to the jury that the doctor who delivered the girl did not have adequate experience for a complicated birth and was too aggressive during the delivery.
Finding Your Pennsylvania Medical Malpractice Lawyer
To find a lawyer that can help you win a similar case and recover the damages that your child needs for future care, take some time to make your decision. Seek out a lawyer or law firm with specific experience helping similar families. Medical malpractice and birth injury cases are sensitive, unique, and complicated. A general personal injury lawyer will not suffice.
Try contacting other families you know with disabled children to help find a good lawyer with the right experience. Also, check with community groups and non-profits that work with disabled people. The state bar association can also help you find lawyers specializing in these kinds of cases.
When you find the right Pennsylvania cerebral palsy lawyer, you will have an ally for years to come. Whether you need to start a malpractice case now or you face financial decisions and discrimination in the future, you should be able to rely on this lawyer to help your family win justice.