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If your child has cerebral palsy due to medical malpractice, a Washington cerebral palsy lawyer can advocate on your behalf. They can help you file a medical malpractice lawsuit to recover damages for your child. A qualified attorney can also help you if your child is facing discrimination.
Who Needs a Washington Cerebral Palsy Lawyer?
The first instance in which you likely need a cerebral palsy lawyer is in the case of medical malpractice. Malpractice occurs when a doctor, nurse, or other medical worker fails to meet an adequate standard of care.
Your lawyer can help you decide if you have a case for malpractice and then file that lawsuit for you to give you the best chance of winning.
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As your child gets older, you may face several other issues requiring legal action: denial of education services, denial of government benefits, and even discrimination. A lawyer specializing in helping disabled clients will know what to do in each case.
Let a Cerebral Palsy Lawyer Help Your Family
Your immediate need for a lawyer may be to file a lawsuit to hold accountable those medical professionals who caused your child’s disabilities. Without a lawyer, you may not be able to recover damages, for instance.
A good lawyer will help you by providing information, guidance, and expertise to make not only the right legal decisions but also feel confident in those choices.
Having an expert on your side, someone who truly has your best interest in mind will help relieve the stress associated with cerebral palsy.
You will also find that you need a lawyer for a lot of other reasons over the years. A lawyer can help you make financial decisions, such as how and when to set up a trust for your child’s future.
The right lawyer can draft all kinds of legal documents that will protect your child, such as a living will.
When your child is older and faces discrimination, this professional will be an advocate fighting for justice, opportunity, and access.
Find the Right Washington Cerebral Palsy Lawyer
Knowing that you need this lawyer on your side is just the first step. Next, you need to find the best attorney for your specific needs. Don’t settle for any lawyer who is not a specialist in malpractice or birth injury cases.
Cerebral palsy cases can be complicated, and laws tend to favor hospitals and doctors. You truly need a lawyer with experience winning cases for disabled clients.
If you know other parents with disabled children, they may be able to recommend a lawyer who helped them.
You can also turn to community groups that advocate for disabled residents. And, you can get check with the state bar association as well, which should be able to point out lawyers in the state who specialize in cases like yours.
Malpractice Laws in Washington
The laws that direct how and when malpractice cases can be filed are different in every state.
In Washington, you have just three years from when medical negligence occurred, or one year from when you figured out it happened, to file a malpractice lawsuit. This law could prevent you from getting justice or recovering damages if you don’t act in time.
Another relevant law in the state requires that you mediate with defendants before going to a trial stage before a judge and jury.
If the mediation fails, you can go ahead with your lawsuit, but this is an excellent time to try to win a settlement. The right lawyer is instrumental in this part of the process.
Disability Rights in Washington
Every state also has some laws that protect the rights of disabled residents. These laws protect against discrimination in the workplace, housing, financial transactions, public areas, and schools in Washington.
There are also federal laws that protect your child. These are particularly important in schools and ensuring that your child gets a free and appropriate education with all necessary special education services and accommodations.
Cerebral Palsy Cases in Washington
There are many examples of cases that Washington cerebral palsy lawyers have won for their clients, involving both medical malpractice and discrimination and disability rights. A recent case ended in favor of the plaintiff after being terminated from Walmart because of her disabilities.
A jury in Tacoma agreed with the woman and her lawyers that the company was at fault. She worked at the same store for ten years before being fired for being unable to give injections.
Walmart claimed it was a job duty that she could not perform, but the woman claimed it was not a duty she was hired to do.
The jury agreed that Walmart violated the Americans with Disabilities Act and awarded the woman $1 million in damages.
If you have a child diagnosed with cerebral palsy, they could be facing this kind of discrimination in the future, and you will need an excellent lawyer to help fight for justice.
More immediately, you need a Washington cerebral palsy lawyer to help you file a medical malpractice lawsuit and recover the damages owed to your child for the harm caused.
- 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
- 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/
- Krell, A. (2019, March 7). Jury finds Walmart wrongly fired Washington pharmacist who could not give injections. The News Tribune.
Retrieved from: https://www.thenewstribune.com/news/local/article227218234.html