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A Vermont cerebral palsy lawyer is the advocate you need in your corner if you think your child developed CP because of medical negligence. They can help you get justice and recover damages. An experienced attorney can also help you if your child has been discriminated against.
Do I Need a Cerebral Palsy Lawyer?
You may not realize that medical negligence caused your child’s condition, but if you have any suspicions, you may need an attorney.
Failure to monitor fetal heart rate during delivery, a botched C-section, or misuse of delivery tools are some of the ways medical negligence can lead to cerebral palsy.
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You need a Vermont cerebral palsy lawyer because this legal professional will let you know if you have a case for medical malpractice.
They can also help you file a lawsuit, negotiate on your behalf, go to trial if necessary, and potentially win the compensation to provide your child with lifelong care.
Other Ways a Vermont Cerebral Palsy Lawyer Can Help
Filing your lawsuit and giving you the best chance of winning is one of the most critical ways a cerebral palsy lawyer can help. A successful medical malpractice case can help you recover damages so that you don’t have to worry about money or how you will get treatment and care for your child.
Further, planning for your child’s future means making important financial and legal decisions, typically requiring a lawyer. For instance, you may need to set up a trust or a conservatorship. You should also have a legal will. And if you aren’t sure how to seek government and other financial benefits, a lawyer can help.
Finally, as your child grows older, you may be facing other legal situations. Laws designed to protect the rights of the disabled are too often broken.
Your lawyer can help you go up against institutions, such as your local schools. Your child might experience discrimination at school and be denied access or adequate services and accommodations.
Finding the Right Lawyer
So how do you find the right lawyer? And how do you know who the right lawyer is for your family? First of all, hire only a lawyer or firm specializing in cases like yours.
Working with disabled children requires a specific type of expertise and compassion. Don’t settle for someone who handles general personal injury cases.
Next, look for a lawyer who makes you feel comfortable. This may mean asking about past experiences and cases and getting references from previous clients.
The right lawyer will be willing to show you everything and answer any questions you have until you feel right about your decision.
If you’re unsure where to start, check with the state bar association for a specialty lawyer. Or, contact local parent groups in your area, organizations that advocate for the disabled, and government groups that work for justice for disabled residents.
Vermont Medical Malpractice Cases
The laws that determine how and when you can file a medical malpractice lawsuit vary by state. Your lawyer should be an expert in the state’s laws, but you should also have a basic understanding of those that impact you and your child.
A vital law to be aware of is the statute of limitations, which limits when you can file a case. In Vermont, the statute of limitations is two years from when you realized a medical professional harmed your child.
Vermont law also requires that you file a certificate of merit to file a lawsuit for medical malpractice. The document states that a qualified medical expert reviewed your case and believes it has merit.
A certificate of merit is supposed to deter frivolous lawsuits, but it can also be a barrier to justice for real victims. Your lawyer will be instrumental in ensuring you can get past this roadblock.
Disability Rights Laws in Vermont
Vermont has strong civil rights laws that help protect individuals with disabilities. There are also federal laws that protect children and adults with disabilities.
The Vermont laws include several policies regarding discrimination in employment, housing, and public spaces, as well as hate crimes.
For your child, the federal laws that guarantee a free and appropriate education may be more important for you in the present or near future.
These laws help ensure schools provide special education services, technologies, inclusion, and accommodations.
Your lawyer can help you determine which laws apply to a particular situation and go up against the groups discriminating or denying your child access.
Cerebral Palsy Lawsuits in Vermont
Vermont cerebral palsy lawyers are constantly fighting for justice for their clients. They guide disabled adults and parents of children with disabilities to help them file lawsuits and hold people accountable for their actions.
A woman with cerebral palsy sued Walmart over workplace discrimination, an issue your child may face one day. The plaintiff had been working at Walmart in Rutland for years when she was promoted to manager for one of the store’s departments.
This new position required her to climb a ladder, but limited movement in her left side and limbs made it difficult.
She requested a transfer to another position, but her manager denied that request. She also got a note from her doctor so she could request accommodations and assistance with the ladder.
The woman was subsequently demoted to a lower-paying position. She and her lawyer sued the store for discrimination.
When it’s time for you to make some tough choices about getting justice for your child, rely on a Vermont cerebral palsy lawyer for expert guidance. This is the professional you need by your side, ensuring your case wins, that you recover damages, and that your child gets the best care possible.
- 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
- 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
- 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
- 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/
- Keays, A. (2017, July 6). Rutland woman accuses Walmart of disability rights violations. VTDigger.
Retrieved from: https://vtdigger.org/2017/07/06/rutland-woman-accuses-walmart-disability-rights-violations/