Tennessee Cerebral Palsy Lawyer

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A Tennessee cerebral palsy lawyer can help your family if your child develops cerebral palsy due to medical negligence. 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.

Can Cerebral Palsy Be Caused by Malpractice?

The primary underlying cause of cerebral palsy is brain damage. Brain damage during pregnancy, labor, or delivery can lead to significant disabilities associated with cerebral palsy.

There are many potential causes of infant brain damage, including malpractice. A doctor or other healthcare provider can make a mistake that leads to brain damage. If that mistake was preventable and a result of providing inadequate care, it can be considered medical malpractice.

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 governing cerebral palsy lawsuits in Tennessee 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 action.

The most immediate reason to hire a lawyer is to decide whether to 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 Will a Cerebral Palsy Lawyer Help My Family?

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.

How to Find the Right Tennessee Cerebral Palsy Lawyer

When you start searching for the best lawyer for your child, remember 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 specialty, or you can 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 to choose a lawyer with expertise who makes you feel confident they will advocate for your child.

Medical Malpractice Laws in Tennessee

Many states have complicated laws governing medical malpractice, rules that can make it more difficult to win justice for your child. Understanding some of the common laws is essential to making better choices.

How Much Compensation Can I Get for Cerebral Palsy?

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. The limit can be raised to $1 million in some cases of catastrophic injury.[1]

Certificate of Good Faith

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.[2]

Statute of Limitations

Further, there is a time limit for filing a malpractice lawsuit. In Tennessee, that limit is only one year from when you discovered that negligence occurred and harmed your child.[3]

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 for special education services on your child’s behalf.

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 people with disabilities from discrimination.[4]

In some ways, the federal Americans with Disabilities Act provides better protection.[5] Your lawyer will be able to help you figure out which laws apply to your child in any given situation.

How Tennessee Cerebral Palsy Lawers Win for Families

Lawyers throughout the state always advocate, and often win, 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.