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A South Dakota cerebral palsy lawyer can help your family by providing legal expertise and experience if you feel like your child was harmed because of medical negligence. A medical malpractice case can be difficult and complicated, and you’ll need an experienced legal expert by your side.
Cerebral palsy is a condition that can cause a range of disabilities, and if your child has been diagnosed, you may need to provide lifelong treatment and care, which can get extremely costly. A successful malpractice suit helps you recover the damages your child is owed for their injuries.
Compensation will help you provide the therapies and care needed to give your child the best possible life.
How to Know if You Need a South Dakota Cerebral Palsy Lawyer
There is a simple answer to the question of whether or not you need a South Dakota cerebral palsy lawyer: if you have a child diagnosed with this condition, you need an experienced lawyer on your side. Most immediately, you may want to start a lawsuit to seek justice for your child.
Cerebral palsy may be caused by medical errors and omissions that breached the duty to provide adequate care for you and your baby. If this is the case, a lawyer with experience working on similar lawsuits can let you know if you have a strong case to make against the doctors, nurses, or hospital responsible.
A lawyer who works with disabled children can also advocate for your child in several situations: if the government is denying or reducing your benefits or if your local schools are not providing adequate special education services or technologies, for instance.
When you need to make important legal and financial decisions or draft documents, the right lawyer can take the lead and get it done for you.
Ways a South Dakota Cerebral Palsy Lawyer Will Help Your Family
A lawyer experienced in cerebral palsy and birth injury cases can help you and your child in several ways. One is to help you get the money you need to provide your child with excellent care and early interventions. A successful medical malpractice case will also help you win justice for the harm a doctor, nurse, or midwife caused by imprudent mistakes.
When your child faces discrimination later, or denial of benefits and services, such as in school, your lawyer will help. The right lawyer will advocate for your child, helping to break down barriers and hold individuals and organizations accountable for providing access, opportunities, and services.
At school, it is especially important to have this help so that your child gets a good education, just like any other child.
Also important is the fact that a cerebral palsy lawyer you trust and rely on can provide you and your family with greater peace of mind. It can be overwhelming trying to decide what to do in the face of your child’s disability and potential malpractice. The right lawyer will guide you every step of the way, giving you informed advice.
Medical Malpractice in South Dakota
To help guide you, it is crucial to understand the basics of the state laws that govern medical malpractice cases. These laws can be complicated, but don’t rely solely on a lawyer. Find out what rights you and your child have, and how the rules may limit your case.
The state limits when you can file your lawsuit. You have two years from when the negligence occurred to file. The generally starts at the time you realized negligence occurred, but in that case, you have to prove you couldn’t have known about it sooner.
The state laws also reduce monetary awards won in malpractice cases if you are found to have played any negligent role in what happened to your child. For instance, if you didn’t follow all of your doctor’s instructions, you could be found partially negligent.
Disability Rights in South Dakota
Your child is protected in the state by both state and federal anti-discrimination laws. While your child is school-aged, the federal Individuals with Disabilities in Education Act is a relevant law to know. It ensures your child a free and appropriate education. If your school is not providing needed services or technologies, you may need this law. There are state laws, too, and a lawyer experienced in working with disabled patients will know which rules apply in any situation you encounter.
Medical Malpractice Case in South Dakota
If you follow the legal news in the state, you will see that lawyers are always advocating for disabled individuals. There are examples of these specialty lawyers fighting hard in cases to win justice and monetary damages for their clients.
One recent case in South Dakota is not yet settled but illustrates the fight that parents and their lawyers are up against in trying to get justice for a child with cerebral palsy. The mother gave birth at Coteau Des Prairies Hospital in Sisseton in 2017.
Her baby was born by an emergency C-section but seemed healthy and normal at birth. Throughout the day, the baby’s condition deteriorated. The baby suffered from lack of oxygen, birth trauma, and eventually developed cerebral palsy.
The family said that the staff at the hospital failed in their duty of care. They claimed the staff failed to provide adequate fetal monitoring or proper labor and delivery care. If the medical team had been more vigilant, the family stated, their child would not have suffered and would not be living with disabilities. Their lawyers are currently fighting to recover monetary damages. The case is likely to go to trial.
Finding a South Dakota Cerebral Palsy Lawyer
Find a lawyer who genuinely specializes in cases involving birth injuries and disabilities. Medical malpractice and birth injury cases are complicated, and relying on a general lawyer will put you at a disadvantage.
You can find a lawyer with the right expertise by contacting the state bar association, by networking with other parents of disabled children, and by contacting groups in your area that advocate and provide services for disabled children.
Getting a diagnosis of cerebral palsy for your child is shocking and devastating. You may not be sure what to do next, but your first step should be to find and hire a good South Dakota cerebral palsy lawyer. With this expert on your side, you have the best chance of making all the right choices for your child’s care and well-being.