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.
Contact an experienced Wisconsin cerebral palsy lawyer if you believe your child’s disabilities were caused by negligence. A lawyer can help you file a lawsuit and recover damages. A qualified attorney can also help you with discrimination issues.
Do I Need a Wisconsin Cerebral Palsy Lawyer?
With a child diagnosed with cerebral palsy, there is no time to lose in hiring the right lawyer. If you suspect that your child’s condition could have been prevented with better medical care, you need to take legal action.
There are limits on when you can file a medical malpractice lawsuit, so act quickly by finding a good Wisconsin cerebral palsy lawyer.
Get Matched with a Leading Birth Injury Attorney in Your Area
Get Help NowAs your child ages, you may find your family in other situations that require legal advice and guidance.
For instance, if your child is not given adequate accommodations or services at your local schools, you may need legal action.
If you have to decide about your child’s future, you may also need legal advice and documents.
For instance, a living will is essential for anyone with children, especially children with special needs. Financial decisions, like how to seek compensation or benefits or set up a trust, will require a legal professional.
How Can a Cerebral Palsy Lawyer Help My Family?
There are numerous ways that a cerebral palsy lawyer will help, now and in the future, including:
- Taking some of the pressure off as you make big legal decisions
- Providing expert information so you can make better decisions
- Filing a medical malpractice lawsuit on your behalf
- Giving you the best possible chance of recovering damages to provide your child with reasonable care and early treatments
- Going up against organizations discriminating against your child
- Taking on your local schools or government agencies to ensure your child gets the benefits and services to which they’re entitled
- Drafting critical legal documents for your child’s future and helping you make decisions in your child’s best interests.
How to Find a Wisconsin Cerebral Palsy Lawyer
Your child needs an expert in malpractice, disability rights, and birth injuries to provide the best advice and the best chance of winning significant compensation.
You can find this expert lawyer through the state bar association or through referrals from parents with disabled children or local groups that work with or advocate for the disabled.
A qualified attorney should be able to provide you with references. Then, you can interview and choose the legal team that best suits your needs.
Wisconsin Malpractice Laws
If you choose the right lawyer to guide your decisions, you’ll have expertise in the laws on your side. However, you should still have some understanding of the requirements in the state of Wisconsin.
Statute of Limitations
The statute of limitations in Wisconsin says you must file a lawsuit within three years of the negligent incident or within one year of when you discovered it.
The law restricts filing lawsuits more than five years after the actual event, but exceptions can be made for minors. They may have until their tenth birthday to file.[1]
How Much Compensation Can I Get for Cerebral Palsy?
There is no limit to how much compensation you can seek for economic costs, like medical expenses. Provide your lawyer with all the information necessary to ensure you get as much compensation as your child needs.
Wisconsin does limit the amount of money you can recover for non-economic costs. These are things like emotional suffering or pain. Several cases tested that cap, hoping to have it ruled unconstitutional.
While an Appeals Court did find the limit of $750,000 was unconstitutional, Wisconsin’s Supreme Court disagreed and upheld the cap.[2]
Mediation
Wisconsin law requires you to go through mediation before proceeding with a medical malpractice lawsuit. This process gives you a chance to get a fair settlement sooner and without the costs of a lawsuit. You may continue with a lawsuit if mediation fails.[3]
Disability Rights in Wisconsin
You will be most concerned about the laws governing medical malpractice initially, but as your child ages, you will need to understand that laws protect the rights of people with disabilities.
Federal laws, like the Individuals with Disabilities in Education Act and the Americans with Disabilities Act, are in place to protect disabled children from discrimination and ensure they receive a free and appropriate education.[4][5]
Several civil rights laws exist at the state level. Your lawyer will understand which rules apply to your child’s situation and how to file complaints and lawsuits to receive justice or ensure access to services.
Birth Injury and Cerebral Palsy Cases in Wisconsin
Several examples of cases won for victims in the state despite some restrictive laws exist. Wisconsin cerebral palsy lawyers play a crucial role in these cases. They help families win justice and compensation.
In one example, a baby was born at Hess Memorial Hospital in Mauston. Birth injuries led to quadriplegic cerebral palsy and severe disabilities. The family’s lawyer helped settle with the hospital to get them an award of $6 million.[6]
In a 2010 case, a doctor at St. Joseph Regional Medical Center was found negligent in forcefully using forceps and a vacuum to deliver a baby who ended up with brain damage and cerebral palsy.
The family’s lawyer helped make the case that the doctor should have performed a C-section. They recovered $22 million in damages.
Another significant case settled for $22.5 million in 2019. In this case, a newborn was undergoing surgery for a congenital disability when errors with anesthesia resulted in oxygen deprivation and permanent brain damage.[7]
The family’s lawyer helped prove that the resident in charge of the anesthesia failed to do anything about the baby experiencing low blood pressure.
A diagnosis of cerebral palsy is not something any parent wants to hear. However, your child can still have a great life. Let a Wisconsin cerebral palsy guide you through the legal process to a win for your child.
Get Matched with a Leading Birth Injury Attorney in Your Area
Get Help NowReferences
- Wisconsin State Legislature. (n.d.). 893.5 Medical malpractice; Limitation of Actions; Limitation of Damages; Itemization of Damages.
Retrieved from: https://docs.legis.wisconsin.gov/statutes/statutes/893/v/55 - Forward, J. (2018, June 28). Medical Malpractice: Supreme Court Upholds Cap on Noneconomic Damages. State Bar of Wisconsin.
Retrieved from: https://www.wisbar.org/NewsPublications/Pages/General-Article.aspx?ArticleID=26443 - Wisconsin Court System. Administrative Offices of the Supreme Court & Director of State Courts. (2022, May 24). Medical Mediation Panels.
Retrieved from: https://www.wicourts.gov/courts/offices/mmp.htm - U.S. Department of Education. (n.d.). About IDEA.
Retrieved from: https://sites.ed.gov/idea/about-idea/ - ADA National Network. (n.d.). What is the Americans with Disabilities Act?
Retrieved from: https://adata.org/learn-about-ada - Rebhahn, P. (2023, May 4). Malpractice case settled for $6 million. Wiscnews.com.
Retrieved from: https://www.wiscnews.com/juneaucountystartimes/news/local/crime_and_courts/malpractice-case-settled-for-million/article_beb0de76-f1db-11df-8633-001cc4c002e0.html - Wahlberg, D. (2019, April 25). State Fund Pays $22.5 Million in UW Malpractice Case Involving Injured Baby. Wisconsin State Journal.
Retrieved from: https://madison.com/wsj/news/local/health-med-fit/state-fund-pays-million-in-uw-malpractice-case-involving-injured/article_ecba5b9e-6016-5bc6-99fc-199c4679e0d0.html