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If your child developed cerebral palsy due to medical negligence, a Tennessee cerebral palsy lawyer might be able to assist you. The right lawyer will guide you through the legal process and help you fight for justice. An experienced attorney can also help if your child has faced discrimination.
Why Do I Need a Tennessee Cerebral Palsy Lawyer?
A cerebral palsy lawyer has professional knowledge and experience in medical malpractice litigation. They specialize in helping families like yours understand the laws surrounding birth injury cases, disability rights, and other services for disabled children.
Don’t rely on a lawyer without this area of specialty. The laws are complicated and include both state and federal laws, which can become confusing. Your cerebral palsy lawyer will be an indispensable guide to help you make decisions and take legal actions.
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The most immediate reason to hire a lawyer is to decide if you should file a medical malpractice lawsuit. The right lawyer will give you the best chance of winning your case, as there are many hoops to jump through and laws that make things challenging.
How the Right Lawyer Can Help for Years to Come
A cerebral palsy lawyer specializing in Tennessee laws will help you with your malpractice lawsuit, but they can also help with future issues.
Winning a medical malpractice case is a big deal, and it could set your child up for a lifetime of care. Yet, your child may face challenges in other areas.
A child living with disabilities is at risk of discrimination, denial of services and benefits, and blocked access to opportunities and places.
A reliable lawyer can help you fight against schools that deny special education services, the government for reducing benefits, and any organization discriminating against your child.
You can also benefit from a lawyer’s services for other, more minor needs. For instance, you may not know what government benefits your child is entitled to or how to file for them.
You may want to set up a trust, make a living will, or create a conservatorship for your child’s future needs. A lawyer can help with all of these.
Finding the Right Tennessee Cerebral Palsy Lawyer
When you start searching for the best lawyer for your child, keep in mind that you need a specialist. Choose a lawyer who has taken on and won cases like yours and worked with families of children with disabilities and cerebral palsy.
The state bar association can help you find a lawyer with this kind of specialty and ask around in your community.
A parent’s group for families of disabled children probably knows some good lawyers. A local group that works with disabled people can also help you find someone.
Be sure that you choose a lawyer with expertise who makes you feel confident they will advocate for your child.
Medical Malpractice in Tennessee
Many states have complicated laws governing medical malpractices, rules that can make it more difficult for you to win justice for your child. It’s essential to understand some of the common laws so that you can make better choices.
For instance, you should know that Tennessee caps the amount of money you can receive for non-economic damages like pain and suffering to just $750,000.
Another limiting law is the requirement that you submit your case with a certificate of good faith. This states that your lawyer consulted with a medical expert to show that your claim has merit.
Further, there is a time limit to when you can file a malpractice lawsuit. In Tennessee, that limit is only one year from when you discovered that negligence occurred and harmed your child.
Disability Rights in Tennessee
Once you get past a stressful and challenging medical malpractice case, you may still face significant hurdles in your child’s life, such as discrimination. For instance, you may need your lawyer to fight on your child’s behalf for special education services.
The federal government has laws that ensure your child gets free and appropriate education, meaning schools must supply the services and technology necessary to meet this right.
State laws, including the Tennessee Human Rights Act, protect the disabled from discrimination.
In some ways, the federal Americans with Disabilities Act provides better protection. Your lawyer will be able to help you figure out which laws apply to your child in any given situation.
Cerebral Palsy Cases in Tennessee
Lawyers throughout the state are always advocating, and often winning, for children like yours. A significant case in Memphis in 2013 ended in a jury award of $33.5 million to a family of a child born with brain damage and cerebral palsy.
The jury agreed with the family’s lawyer, who made the case that a doctor at UT Medical Group delayed the mother’s delivery by several hours. She was high risk, and the baby should have been delivered sooner to prevent brain damage.
Justice for your child is a fierce, uphill battle against the high-powered legal teams of insurance companies and hospitals.
With the best Tennessee cerebral palsy lawyer on your side, you stand an excellent chance of winning and getting the compensation that will protect your child for life.
- A Tennessee law limiting how much money victims can receive was rejected in Williamson court, here's what's next. (2019, August 28). The Tennessean.
Retrieved from: https://www.tennessean.com/story/news/local/williamson/2019/08/28/tort-reform-judge-finds-caps-tennessee-damages-unconstitutional/2129748001/
- Medical liability/Malpractice merit affidavits and expert witnesses. (2014, June 24). Legislative News, Studies and Analysis | National Conference of State Legislatures.
Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.aspx
- 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
- File a discrimination complaint. (n.d.). Tennessee State Government - Tennessee Human Rights Commission.
Retrieved from: https://www.tn.gov/humanrights/file-a-discrimination-complaint.html
- What is the Americans with Disabilities Act (ADA)? (n.d.). ADA National Network | Information, Guidance and Training on the Americans with Disabilities Act.
Retrieved from: https://adata.org/learn-about-ada