Alaska Cerebral Palsy Lawyer

Fact Checked

In Alaska, you have the right to sue if you believe medical negligence caused your child’s disability. An experienced Alaska cerebral palsy lawyer can take you through the steps of filing a lawsuit for compensation and assist if your child’s disability rights are being violated.

Why Do You Need an Alaska Cerebral Palsy Lawyer?

A diagnosis of cerebral palsy, a lifelong condition, can be a big shock.

You only hoped your child would be born healthy and whole, and now your family is living with this condition that can cause all kinds of disabilities.

Your child may be cognitively impaired, physically impaired, have learning disabilities, and be in pain. They will need treatment, therapy, and, if severely disabled, lifelong assistance and home care.

You need to work with an Alaska cerebral palsy lawyer if there is any chance your child’s disabilities were caused by medical malpractice and negligence.

The costs of ongoing care for a disabled child are high, and a malpractice case can provide you with the money your child will need for the future and allow you to hold the responsible people accountable for their mistakes.

A cerebral lawyer can also help if your child is disabled, being discriminated against, or not getting their needs met at school. There are federal and state laws that prevent discrimination, guarantee access, and provide special education. Sometimes, a lawsuit is necessary to ensure a child’s rights are not ignored.

How a Cerebral Palsy Lawyer Can Help Your Family

Many cases of cerebral palsy result from an error made by a doctor or nurse during pregnancy, labor and delivery, or right after birth. A lawyer with experience in these cases can help you investigate and gather the necessary evidence to hold the responsible individuals or hospitals accountable.

With a disabled child, you will be facing the costs of treatments, like surgery, medication, and various therapies. Your child may also need educational interventions or assistive equipment.

You may even have to give up work to care for your child, depending on the severity of the disabilities. Your family will need money to cover the costs. A good lawyer with relevant experience in medical malpractice and cerebral palsy cases can help you have the best chance of winning compensation.

How to Find the Right Alaska Cerebral Palsy Lawyer

In pursuing a case in Alaska for medical malpractice or disability rights, hiring the right legal team is important. Not all lawyers have the knowledge and experience to win your case.

Look for Alaska lawyers specializing in malpractice and birth injuries or disabilities. Ask to see evidence of past cases with similar clients and their outcomes.

Be sure to hire a lawyer or law firm you feel comfortable around. This team will be helping you for months or years. You need lawyers who have your child’s best interests in mind and understand your family’s unique needs.

Try looking for a lawyer by asking people in your community who have had similar situations or searching the Alaska Bar Association for a lawyer with relevant experience.

How Alaska Laws Affect Your Birth Injury Medical Malpractice Case

The primary reason people require the assistance of an Alaska cerebral palsy lawyer is to initiate a malpractice case. A child may end up with this condition because of mistakes made during pregnancy care, childbirth, or immediately after birth. Preventable errors that lead to injuries are negligence and examples of malpractice.

The state government enforces malpractice laws. The laws can be confusing for those unfamiliar with them.

Statute of Limitations

Alaska’s statute of limitations for medical malpractice cases is generally two years from the time of the malpractice. However, the state also has a discovery rule. This means you have two years from when you should have reasonably discovered the malpractice occurred. This is often important in cerebral palsy and birth injury cases.

Contributory Negligence

In Alaska, the damages you can receive from a malpractice case are limited by your degree of fault.

If you are found to have ignored a doctor’s advice, for instance, and if this contributed at all to your child’s disability, it leads to possible reduced compensation.

Damages Cap

Alaska caps non-economic damages, which could impact how much you can recover in a lawsuit or settlement:[1]

• There is a $250,000 cap on personal injury cases.
• There is a $400,000 cap on wrongful death cases and personal injuries involving severe, permanent physical impairment.
• The cap applies to the entire case, regardless of the number of defendants.

Alaska’s I’m Sorry Law

Also relevant is the law the state passed in 2014, known as the “I’m sorry” law. It states that no expression of apology from a medical worker can be used in a malpractice case to prove negligence.

The “I’m sorry” law makes it harder for victims to make their cases. You’re limited to when you can file a claim. Alaska’s statute of limitations states you have two years to file malpractice lawsuits.

Alaska Disability Rights

A child with cerebral palsy is protected by federal and state disability and human or civil rights laws. The Americans with Disabilities Act, for instance, makes it illegal to discriminate against individuals with disabilities and guarantees access to all public spaces.[2]

Several federal laws guarantee that children with special needs receive the educational services they need, such as special education, assistive technology, and inclusion. In Alaska, the State Commission for Human Rights also protects people with disabilities from discrimination.

If your child has been diagnosed with cerebral palsy and you feel that a mistake that caused it could have been avoided, you may have a valid malpractice case. If your disabled child is experiencing discrimination, you may have a disability rights case.

In either situation, rely on a lawyer who understands Alaska’s malpractice and disability laws and has experience winning cases for families like yours.