South Carolina Cerebral Palsy Lawyer

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Contact a South Carolina cerebral palsy lawyer if you think your child was injured due to medical errors. A qualified attorney can help you file a lawsuit and seek damages. They can also help if your child has faced discrimination because of disabilities.

Can Cerebral Palsy Be Caused By Negligence?

Medical negligence occurs when a healthcare provider makes a preventable mistake that harms a patient. Your child’s cerebral palsy might have been caused by negligence. 

The underlying cause of cerebral palsy is brain damage. Brain damage can be caused by several factors. These include birth injuries, which may be accidental or preventable and negligent.

Do I Need a South Carolina Cerebral Palsy Lawyer?

If you have a child diagnosed with CP and feel it resulted from medical negligence, you need a cerebral palsy lawyer. An experienced lawyer can give you the best chance to win a medical malpractice case.

Malpractice may be your immediate need 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 specializes in cases like yours, not a general practice lawyer without specific experience in cerebral palsy cases. Birth injury, malpractice, and discrimination cases are highly specialized.

Your lawyer will also help you in several other ways, such as:

• Recovering damages in a malpractice case to get 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

Rely on a lawyer to help guide you through the process of filing a cerebral palsy lawsuit. They will give you the best chance of a good outcome for your child.

South Carolina Medical Malpractice Laws

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. Your lawyer can guide you through all legal decisions you’ll need to make in the best interest of your child.

Statute of Limitations

You have three years after the negligent act or three years after discovering it occurred. The statute of repose says you cannot file more than six years after the negligent act. An exception can be made for minors, allowing for up to seven years after the incident.[1]

How Much Compensation Can I Get for Cerebral Palsy?

South Carolina also limits how much you can recover for noneconomic damages. These are damages related to things that cannot be assigned an actual cost, like loss of independence or pain and suffering.

The state cap on noneconomic damages is adjusted regularly for inflation. In 2022, the cap was set at $545,869 per defendant and $1,647,608 total in cases with multiple defendants.[2]

Affidavit of Merit

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.[3]

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 people with disabilities that assure your child receives the same education as any other child.

South Carolina also has the Bill of Rights for Handicapped Persons to protect people with disabilities.[4] It covers fewer 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, recover damages, and 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.[5] It was a case of discrimination and denial of benefits for a woman with cerebral palsy.

The plaintiff and her lawyers sued two state agencies in South Carolina for denying prompt Medicaid services, denying her eligibility for certain services, and 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 essential because they provide justice and often the compensation 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 specializing in cerebral palsy cases. These lawyers 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 people with disabilities 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.