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If medical mistakes led to your child’s disability, a Utah cerebral palsy lawyer might be able to assist you in fighting for justice. A qualified attorney can investigate and guide you through the legal steps. They can also help you if your child has faced discrimination.
Why You Need a Utah Cerebral Palsy Lawyer
Mistakes, errors of judgment, or inactions by medical professionals during your pregnancy or labor and delivery could be considered negligent. Your child could be a victim of medical malpractice.
The right lawyer is not only necessary to help you decide if you have a case of malpractice but is also your best chance of winning when you file. A malpractice lawsuit holds accountable the negligent individuals or institutions who harmed your child.
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A successful lawsuit can provide you with damages that will cover the costs of your child’s care and treatment.
You will also need a Utah cerebral palsy lawsuit in the future to help your child in many situations.
Discrimination, denial of financial assistance, denial of educational services, legal documents, and business decisions are all things you may face raising a disabled child. You need the right lawyer to meet them and get the best outcome.
How a Cerebral Palsy Lawyer Will Help You and Your Child
An experienced and qualified Utah cerebral palsy lawyer will help you by providing an expert opinion on the validity of your case. An expert attorney will also investigate to find evidence of negligence, file the lawsuit, and guide you through some tricky and stressful legal decisions.
Your lawyer will help you recover damages, and this, in turn, helps your child because that money can pay for treatments.
When your child faces discrimination or denial of services and benefits later, a lawyer will be by your side, armed with the knowledge of Utah discrimination laws.
An adept lawyer can help you go up against government agencies and give you your best chances of success.
Perhaps most importantly, a lawyer will help you make the best decisions and take the most important legal and financial actions to benefit your child.
Medical Malpractice in Utah
If you have a child with cerebral palsy, there is a good chance that you have a valid case for medical malpractice.
Unfortunately, a mistake made quickly or rashly by a doctor can have disastrous and long-lasting consequences. Laws that govern the lawsuits over medical malpractice are different in each state, so you should be aware of the most important legal points before proceeding.
Utah sets a statute of limitations on these cases. You must file within two years of discovering that medical negligence occurred but no longer than four years from when it happened.
You will also be limited in the state as to how much you can recover from a successful case. Non-economic damages are capped at $450,000, although actual economic costs, like medical bills, are not limited.
Like many other states, Utah requires that you take specific steps before you can file a malpractice lawsuit. You must go before a pre-litigation panel review at least 60 days in advance. This panel will determine if your case has merit.
Alternatively, you can file an affidavit of merit signed by a qualified medical expert. You’ll need your lawyer to be sure you can get through these steps.
A medical malpractice case may be just the first of many legal hurdles you must overcome raising a disabled child. As your child gets older, you may find issues with discrimination, denial of access, and refusal to provide adequate special education services or assistance.
There are laws in place to protect your child from all this. When violated, your lawyer will help you use them to fight back. Your lawyer will know which laws apply, such as the federal Individuals with Disabilities in Education Act or the state’s civil rights laws.
How to Find a Utah Cerebral Palsy Lawyer
There is no time to waste finding the lawyer who will guide your next steps. This is a pressing matter, but you should also take enough time to ensure that you choose a lawyer who you feel has your child’s best interests at heart.
Start your search with the state bar association to find lawyers and law firms working in this area of the law. You can interview the lawyers you see, ask questions, and get references from past clients to guide your decision. If you know people in the community who may have a recommendation, talk to them as well.
Parents with disabled children, local disability advocacy groups, or community organizations that work with disabled children may have connections to experienced lawyers.
Raising a child with cerebral palsy presents some challenges, but your legal decisions don’t have to be stressful.
The right Utah cerebral palsy lawyer will provide you with guidance, expertise, and experience so you can make the right choices for your child’s best interests.
Taking action quickly, especially for a malpractice case, is essential. Start your search now for a qualified Utah cerebral palsy lawyer for your family.
- 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
- Utah Code Title 78B Judicial Code Chapter 3 Actions and Venue Part 4/ Utah Health Care Malpractice Act. (n.d.). Utah Legislature.
Retrieved from: https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-P4.html
- 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
- 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/