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.
A Virginia cerebral palsy could be your best ally during this difficult time. Finding out that your child has a condition that will cause lifelong disabilities is devastating. Your child can still live a long and fulfilling life, but you need to have legal representation to ensure any roadblocks or challenges can be overcome.
Your lawyer’s first step may be to help you file a medical malpractice lawsuit. Too many cases of cerebral palsy should never have happened but were caused by medical mistakes and negligence. Your lawyer will help you fight for justice, finding the evidence needed to make your case.
When You Need a Virginia Cerebral Palsy
You may not be sure whether or not your child is a victim of medical malpractice, but an experienced lawyer can answer that question. They have the experience, expertise, and connections needed to investigate and turn up evidence that your child’s condition is the result of someone’s negligence.
Get Matched with a Leading Birth Injury Attorney in Your AreaGet Help Now
If evidence of medical negligence is found, you’ll need a lawyer there to help you jump through all the legal hoops, which can get quite intricate if you’re not well-versed in malpractice laws.
A medical malpractice lawsuit is something you need to begin as soon as possible because it can take time to resolve. And you need this case, not just to hold a hospital or doctor accountable, but also to recover the damages that will help you provide your child with the best care for life.
The need for a lawyer is immediate, but you may also need this legal expert in the future. Your child may face discrimination; for instance, you may need to draft relevant legal documents to ensure your child’s care, and you may have to fight for things like special education services or inclusion.
How the Right Lawyer Can Help
When you choose the right Virginia cerebral palsy lawyer to help you with these kinds of legal decisions and actions, it can help you in several ways. Most importantly, it gives you the expert information and guidance you need to make the right choices in your child’s best interests. The right lawyer gives you the best possible chances of winning cases and having good outcomes for your child.
In addition to helping you win a settlement or a jury trial for medical malpractice, a lawyer can help you go up against government groups, schools, and other organizations to ensure your child has access, opportunity, a good education, and is free from discrimination. The right lawyer will give you peace of mind and help you make a good life for your child.
Medical Malpractice Laws and Disability Rights in Virginia
Begin to explore the laws regarding malpractice in Virginia, and you will see how important it is to have a legal expert on your side. Every state makes its laws, and they are complicated and often favor the defendants rather than the victims.
For instance, you may not know that you are limited as to when you can file a medical malpractice lawsuit. In Virginia, the limit is two years from the negligent act. There is an exception for minors, but you still have just one year from when you discovered the negligence. 
The laws in the state also limit how much money you can recover as non-economic damages. And, before you can start your case, you must file it along with a certificate of merit.  This is a document signed by a qualified medical expert that states that your case is valid and has value.
For disability rights, your lawyer may rely on federal laws, like the Individuals with Disabilities in Education Act,  which entitles your child to be free and appropriate education. Or, it may be relevant to refer to the state’s Virginia Human Rights Act. Your lawyer will know which laws apply in any given situation.
Virginia Cerebral Palsy Cases
Virginia cerebral palsy lawyers fight all kinds of injustices, helping disabled individuals and their families in a variety of types of lawsuits. One recent case involves a child born at a hospital in Virginia funded by the federal government.
The baby was born with brain damage and cerebral palsy due to delays in inappropriate treatment. The family’s lawyer managed to reach a settlement agreement to award the family $9 million, but they are now battling the Department of Justice to make sure the settlement goes through. 
In another case, a law firm worked with the family of a child diagnosed with cerebral palsy after being born at Carilion Roanoke Community Hospital. But the case is not against the hospital. The family needed their legal team to fight how they were compensated through the Virginia Birth-Related Neurological Injury Compensation Program.
The program was created to compensate families and to reduce malpractice cases against doctors. The family’s argument centered on the fact that the program forced them to apply for Medicaid to receive funding, but that this was not the proper way to get compensation.
The family’s lawyers negotiated a settlement that forced the state program to repay the federal government and the family of the disabled child.
How to Find a Virginia Cerebral Palsy Lawyer
There are many lawyers in the state fighting cases like these, trying to get justice and compensation for their clients. If you still need to find the right lawyer for your family, act quickly but also careful to select the best possible legal team for your needs. Most importantly, don’t settle for a lawyer without a specialty. You need a lawyer specializing in disability and birth injury cases to get the best outcome.
The state bar association should be able to help you find lawyers with the right area of expertise, but it will be up to you to interview, ask questions, and get references to make the best choice. You may also want to get recommendations from people who have been in similar situations, parents who have disabled children or advocacy groups for the disabled.
As you raise your child with cerebral palsy, you will face many challenges. The legal problems can be much easier if you have the right lawyer as your advocate. Find the best Virginia cerebral palsy lawyer to help you file a lawsuit, draft legal documents, make financial decisions, and get the justice and compensation your child deserves.
- 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
- 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/
- Martz, M. (2019, January 11). Family's ordeal leads to state paying U.S. $20.7 million settlement over birth-injury program. Richmond Times-Dispatch.
Retrieved from: https://www.richmond.com/news/virginia/government-politics/family-s-ordeal-leads-to-state-paying-u-s-million/article_f2c6b33c-fe2e-50b2-bf3d-eaa8110af4f8.html