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.
South Carolina cerebral palsy lawyers are standing by to help families seek justice for the harm caused to their children through medical malpractice. Too often, the underlying cause of cerebral palsy is medical negligence, mistakes that could and should have never happened. The right lawyer can make a strong case against those responsible.
The right lawyer can also help you recover damages, the money you’ll need to help pay for your child’s essential treatments and lifelong care. Choose a lawyer with experience helping families like yours and those that have in-depth knowledge of the laws that impact and protect your child.
Do I Need a South Carolina Cerebral Palsy Lawyer?
If you have a child diagnosed with CP and if you feel it was caused by medical negligence, you need a cerebral palsy lawyer. You need this lawyer, with expertise in related laws, to help you decide if your child suffered from medical malpractice. If your child is a victim, you need this lawyer to file a lawsuit for you and to give you the best possible chance of winning the case.
Malpractice may be the immediate need you have for a lawyer, but later, you will also need someone to help you in cases of discrimination. Your child may face discrimination, denial of government services and benefits, or denial of appropriate educational services.
How the Right Lawyer Can Help Your Family
The right lawyer is one who specializes in cases like yours, not a general personal injury lawyer. Birth injury, malpractice, and discrimination cases are highly specialized. The right lawyer will give you the best possible chance of winning in settlements and trials. Your lawyer will also help you in several other ways:
- Recovering damages in a malpractice case that will provide you the money necessary for the best treatment for your child
- Taking the burden of making big legal decisions off your shoulders
- Getting justice for the harm caused to your child
- Ensuring your child gets necessary special education services
- Drafting legal documents, such as a living will
- Setting up a trust for your child
- Battling discrimination and denial of access and opportunities
South Carolina Medical Malpractice Laws
Your lawyer can guide you through all legal decisions you’ll need to make in the best interest of your child. The laws regarding medical malpractice are particularly complex and vary by state. In South Carolina, you are limited as to when you can file a lawsuit over negligence.
You have three years after the negligent act or three years after you discovered that it occurred. If going by the following rule, you have to show that you could not have known about the negligence sooner, and you cannot file more than six years after the negligent act.
South Carolina also limits how much money you can recover for non-economic damages. These are the damages related to things that cannot be assigned an actual cost, like loss of independence or pain and suffering. The state limits this to just $350,000. Economic damages are not limited.
Another law in the state that limits victims and makes filing a lawsuit more difficult is the requirement that you submit an affidavit of merit. This is a document signed by a qualified medical expert that indicates your case has merit and that there is a good chance your child suffered from medical malpractice.
These laws restrict your ability to get justice, but an experienced South Carolina medical malpractice lawyer can assist you.
Disability Rights and Laws
A medical malpractice case may be your immediate need, but your child may face discrimination later. The state has laws to protect the disabled, and there are federal laws, like the Individuals with Disabilities in Education Act, that assure your child receives the same education as any other child.
South Carolina also has the Bill of Rights for Handicapped Persons in place to protect the disabled. It covers a smaller group of individuals than the federal Americans with Disabilities Act.
However, it does allow you to sue over discrimination and recover damages if possible. Your South Carolina cerebral palsy lawyer will know which laws to use when fighting for justice for your child.
Cerebral Palsy Cases Won in South Carolina
Lawyers in the state who focus on cases involving birth injuries and cerebral palsy are always fighting on behalf of people like your child. Often they win their cases and recover damages as well as win justice for disabled people who have suffered from medical negligence or are being denied access to services and experiencing discrimination.
One such successful case took years to resolve but ultimately led to a payout for the victim of $2 million. It was a case of discrimination and denial of benefits for a woman with cerebral palsy. She and her lawyers brought the lawsuit against two state agencies in South Carolina for denying prompt Medicaid services, for denying her eligibility for certain services, and for offering placement in a facility that prompted safety concerns.
How to Find a South Carolina Cerebral Palsy Lawyer
Legal wins for disabled children and adults are important because they provide justice and often the compensation that individuals need for their care. If you need to find a lawyer for your child, give yourself the best possible chance of success by choosing someone who truly specializes in cerebral palsy cases. These are the lawyers who have the expertise and experience you need to win.
You can find the right lawyer with the specialty area you need by contacting the state’s bar association. Also, contact any local groups that assist the disabled to find out which lawyers they work with and recommend. And if you have a group of parents of disabled children, ask around. Other parents have likely gone through similar legal situations.
Working with a South Carolina cerebral palsy lawyer is the best way to get justice for the harm caused to your child. Cerebral palsy is a lifelong condition, and many children with it need treatment and care indefinitely. The right lawyer will help you recover damages to pay for that care, hold responsible parties accountable, and get justice for your child.