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A South Dakota cerebral palsy lawyer can help your family by providing legal expertise and experience if you feel like medical negligence harmed your child. A medical malpractice case can be difficult and complicated and requires expertise.
How to Know if You Need a South Dakota Cerebral Palsy Lawyer
Cerebral palsy is sometimes caused by medical errors and omissions that breach the duty to provide adequate care for you and your baby. A lawyer with experience working on medical malpractice lawsuits can let you know if you have a solid case against the responsible party.
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.
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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.
A qualified lawyer will advocate for your child, helping to break down barriers and hold individuals and organizations accountable for providing access, opportunities, and services.
It is especially important to have this help at school so that your child gets a good education, just like any other child.
Also important is 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. It generally starts when you realize 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 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, networking with other parents of disabled children, and 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 a qualified South Dakota cerebral palsy lawyer.
- 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
- Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
Retrieved from: https://sites.ed.gov/idea/
- Marvel, S. (2019, February 15). Sisseton hospital denies claims in medical malpractice lawsuit. AberdeenNews.com.
Retrieved from: https://www.aberdeennews.com/courtnews/sisseton-hospital-denies-claims-in-medical-malpractice-lawsuit/article_01af23de-c0b8-53cb-9fe5-98c4c5ab12cf.html