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Cerebral palsy law is an umbrella term that covers a range of legal rights that apply to a person with cerebral palsy. A person with cerebral palsy has a right to go to school, for example, as well as the right to work. He also has the right to proper medical care and may be entitled to receive services for those with disabilities. If an individual faces discrimination because of his disability or is denied the support he needs, his parents may take legal steps to secure his rights. Since cerebral palsy is usually diagnosed in infants or very young children, parents or legal guardians are usually responsible for taking legal action when necessary.
In many cases, a person with cerebral palsy may be entitled to financial assistance for paying for things such as wheelchairs, medications, and medical treatment. He may be entitled to financial payments that help with living expenses as well. The rights a patient has to these and other types of assistance also fall under the cerebral palsy law umbrella.
Another part of cerebral palsy law focuses on the claims that may be filed on behalf of a person who has cerebral palsy that was caused by medical malpractice. If a medical professional makes mistakes that cause cerebral palsy, he may face a medical malpractice lawsuit. Some examples of mistakes that may lead to the condition include the failure to perform a C-section when an unborn child is in distress and the failure to treat a pregnant woman for infections that may harm her unborn child. Likewise, medical malpractice claims may be filed because of injuries that happen during childbirth, such as when a doctor uses forceps or vacuum extraction improperly.
When a parent believes his child's cerebral palsy has resulted from a medical mistake or negligence, he may hope to win a malpractice lawsuit and secure compensation. He may also hope to hold the medical professional who made the mistake responsible for his actions. In such a case, the parent has to prove that the doctor made a mistake, was negligent, or failed to provide a reasonable standard of care. If the child has cerebral palsy because of a birth defect or situation that was beyond the doctor's control, the parent is unlikely to win his case.
An individual who wants more information about cerebral palsy law may contact a lawyer for help. Likewise, organizations that provide services for individuals with disabilities may provide information as well. There are even some advocacy groups that may help patients and their families to get the help they need.
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