Vermont Cerebral Palsy Lawyer

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Contact a Vermont cerebral palsy lawyer 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.

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.

How Can a Vermont Cerebral Palsy Lawyer Help My Family?

One of the most critical ways a cerebral palsy lawyer can help is by filing your lawsuit and giving you the best chance of winning.

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 ages, you may face other legal situations. Laws designed to protect the rights of people with disabilities 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.

How to Find 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, 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 share past cases and answer any questions you have until you are comfortable with 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 people with disabilities, and government groups that work for justice for disabled residents.

Vermont Medical Malpractice Laws

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.

Statute of Limitations

A vital law to be aware of is the statute of limitations, which limits when you can file a case. The statute of limitations in Vermont is three years from the negligent incident.

Vermont also has a discovery rule that allows you to file two years from when you discovered the incident harmed your child. There is a hard limit of seven years after the incident actually occurred.[1]

Certificate of Merit

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.[2]

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 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.[3]

Vermont laws include several policies regarding discrimination in employment, housing, and public spaces and for 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.[4]

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 take action against groups that are discriminating against 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 of 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.[5]

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 making 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.