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If your child’s cerebral palsy was caused by medical mistakes, a Texas cerebral palsy lawyer might be able to assist you. A medical malpractice case could bring justice for the harm caused to your child and provide compensation. Additionally, a lawyer can help you if your child has faced discrimination.
Why Do I Need a Texas Cerebral Palsy Lawyer?
You may need a cerebral palsy lawyer for many reasons. An experienced attorney will review medical records, investigate, and determine if medical malpractice played a role in your child’s condition.
But generally, if you have a child diagnosed with CP after medical negligence, you need the right lawyer on your side to help seek justice.
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It’s challenging to figure this out without expert knowledge. It is even more challenging to take that information and win a lawsuit against doctors, medical centers, hospitals, and their insurance companies’ legal teams.
A qualified lawyer will ensure the best chances of a successful outcome.
As your child gets older, you may need a reliable lawyer for advice about other issues.
Disabled children and adults often face discrimination; they’re denied access to public places and services and denied opportunities, despite laws that should prevent this.
Further, you may also need a lawyer to draft legal and financial documents and ensure your child gets needed educational services and government benefits.
How a Texas Cerebral Palsy Lawyer Can Help
The immediate needs you may have for a cerebral palsy lawyer are substantial, like starting a medical malpractice case on your child’s behalf.
A lawyer with the right expertise and knowledge can benefit your family in several ways by:
- Determining if you have enough evidence for a malpractice lawsuit
- Investigating and finding evidence for your case
- Contacting qualified medical experts for testimony
- Negotiating with the defendants for a settlement
- Getting the compensation that will help you provide your child with treatment
- Going up against individuals or groups discriminating against your child
- Making sure your child receives all appropriate education services at school
- Drafting legal and financial documents such as a living will or setting up a trust for your child
- Helping you make smarter choices for your child
- Taking away some of the pressure and stress of trying to make these decisions on your own
How to Find the Right Lawyer
Finding the right lawyer to help you and your child can be tricky. Avoid choosing a lawyer who takes on all kinds of cases, even all types of personal injury cases.
The laws regarding medical malpractice are involved, and to go up against defendants successfully, you need someone with in-depth knowledge and experience helping others.
The state bar association should be able to help you find a lawyer with the right area of specialty, but you should dig deeper and rely on references or referrals. If you know parents in a similar situation, find out if they have a law firm they trust.
If you work with a local community group that helps the disabled, see if they have any recommendations. And always ask questions and make sure you get your concerns addressed before you hire anyone.
Malpractice and Disability Laws in Texas
While your Texas cerebral palsy lawyer will be able to guide many of your legal decisions with expert knowledge, you should also feel empowered by understanding some of the main points. One law that is crucial to understand is the statute of limitations.
Texas statute of limitations states you have two years after the negligent medical care to start a case. For a minor like your child, you may have until their 18th birthday to file a lawsuit.
Texas also requires that you file an expert report at least 120 days from when you file your malpractice lawsuit. This document shows that a qualified medical expert believes your case has merit. This can be tough to get without an experienced lawyer.
The state has capped the amount you can recover for non-economic costs, such as pain, suffering, and loss of future independence.
The laws in the state regarding disability rights are not the strongest in the country, but you can also rely on federal regulations. For instance, while your child is of school age, the Individuals with Disabilities in Education Act is important to understand.
This law ensures disabled children receive free and appropriate education and may be the basis of a lawsuit if your local schools are not providing adequate services or necessary technologies.
Your lawyer will have a deep understanding of the laws and can decide which are appropriate to invoke in any situation in which your child is experiencing discrimination.
Texas Malpractice and Disability Rights Cases
Texas cerebral palsy lawyers are continually working on behalf of children with disabilities. There are numerous examples of how they guide families to help seek justice and recover damages in the state.
One such case involves an instance of discrimination, how it impacts people with disabilities, and how lawyers can help victims fight back.
A woman with cerebral palsy is accusing several Uber drivers in Texas of discriminating against her by refusing to give her rides. She says that drivers always cancel her rides because of her disability and service dog.
Uber claims that it has a policy of zero tolerance for discrimination, yet it has happened. This young woman is now fighting to win this discrimination case with a lawyer at her side. She seeks to bring awareness to the issue and prevent future discrimination.
This and other cases involving birth injuries and discrimination are complicated and often stacked against the victim.
The laws are complex and confusing, and especially in the case of medical malpractice, favor defendants.
You need the best Texas cerebral palsy lawyer by your side to ensure your family and your child have the best possible chance of succeeding in a case, whether it is to recover damages or to end discrimination and get access to services and benefits.
- 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
- Civil practice and remedies code Chapter 74. Medical liability. (n.d.). Texas Constitution and Statutes - Home.
Retrieved from: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm
- 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/
- O'Kane, S. (2018, March 20). Uber drivers denied service to woman with cerebral palsy, new lawsuit claims. The Verge.
Retrieved from: https://www.theverge.com/2018/3/20/17144502/uber-lawsuit-service-dog-discrimination-disability