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Home > Cerebral Palsy Lawyer > Utah Cerebral Palsy Lawyer
Last Updated: April 02, 2024

Utah Cerebral Palsy Lawyer

Page written, reviewed, and edited by </br><a href="https://www.cerebralpalsyguidance.com/about-us/" title="Cerebral Palsy Guidance Team">Cerebral Palsy Guidance Team</a>
Page written, reviewed, and edited by Cerebral Palsy Guidance Team

This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.

For any content issues please Contact Us.

Call a Utah cerebral palsy lawyer if medical mistakes led to your child’s disability. A qualified attorney can investigate and guide you through the legal steps. They can also help you if your child has faced discrimination.

Can Cerebral Palsy Be Caused by Negligence?

Cerebral palsy is primarily caused by brain damage. It’s not always possible to determine a single cause of infant brain damage. Many factors often play a role.

Sometimes, a medical professional’s mistakes cause the brain damage that leads to cerebral palsy. This can be considered negligence and medical malpractice if the error was preventable and resulted from failing to provide an adequate standard of care.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

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Why Do I 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 the negligent individuals or institutions who harmed your child accountable.

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 Will a Cerebral Palsy Lawyer Will Help My 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 tricky and stressful legal decisions.

Your lawyer will help you recover damages, which will, in turn, help your child because the 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 Laws 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 Utah lawsuits over medical malpractice are complicated. Be aware of the most important legal points before proceeding.

Statute of Limitations

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.[1]

How Much Compensation Can I Get for Cerebral Palsy?

You will also be limited in the state regarding how much you can recover from a successful case. Non-economic damages are capped, although actual economic costs, like medical bills, are not limited. The non-economic cap was set at $450,000 in 2010 and increases yearly for inflation.[2]

Pre-Litigation Panel

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.[3]

Disability Rights in Utah

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.[4]

How to Find a Utah Cerebral Palsy Lawyer

There is no time to waste finding the lawyer to guide your next steps. This is a pressing matter, but you should also take enough time to choose a lawyer with 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 is essential, especially in a malpractice case. Start your search now for a qualified Utah cerebral palsy lawyer for your family.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

References

  1. Utah State Legislature. (n.d.). Part 4 Utah Health Care Malpractice Act.
    Retrieved from: https://le.utah.gov/xcode/Title78B/Chapter3/C78B-3-P4_1800010118000101.pdf
  2. Morton, H. (2021, August 11). Medical Liability/Medical Malpractice Laws. National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/financial-services/medical-liability-medical-malpractice-laws
  3. Utah State Legislature. (n.d.). Utah Code. Title 78B. Judicial Code. Chapter 3. Actions and Venue. Part 4. Utah Health Care Malpractice Act.
    Retrieved from: https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-S416.html
  4. U.S. Department of Education. (n.d.). About IDEA.
    Retrieved from: https://sites.ed.gov/idea/about-idea/
View All References
Page written, reviewed, and edited by </br><a href="https://www.cerebralpalsyguidance.com/about-us/" title="Cerebral Palsy Guidance Team">Cerebral Palsy Guidance Team</a>

Page written, reviewed, and edited by
Cerebral Palsy Guidance Team

The Cerebral Palsy Guidance Team consists of medical and legal professionals and experienced writers who author, review, and edit all of our content. Since 2016, Cerebral Palsy Guidance has been a leading CP and birth injury website, providing expert information and assistance to thousands of people throughout the U.S.

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