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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30383
Experience:  Lawyer
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My daughter is disabled under the federal government she

Customer Question

My daughter is disabled under the federal government she received Medicaid and SSI, what protections does that provide her in a school in Texas regarding ARD agreements. The school is refusing to recognize her as mentality disabled despite multiple specialist records as they say they only have to follow their own school testing. Which found her to be slow not borderline or mentality handicap.
All this was cause by her doctor who was proven to be a drug addict, who's failure to act caused a collapsed lung and hypoxia. She's 13 1/2 now and we were advised to wait till she was 18 and allow her the chance to sue with a better approximation of life time costs? Did we do the right thing for her?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The school is in violation of the Americans with Disabilities Act if your daughter has a condition that limits one or more life activities and they are refusing to provide reasonable accommodations for her. If you have medical records establishing that she has one of those conditions, the school cannot decide on their own that she does not. It sounds like you've done everything you can on your own. If you're making agreements that the school is ignoring, it may be time to bring in a local attorney. The Americans with Disabilities Act says that a successful plaintiff can recover attorney's fees from the other party when they win, so you have the ability to hire a lawyer with the agreement that you'll only pay when the case is successfully resolved AND that he or she will seek legal fees from the school district because they broke the law.

The statute of limitations for medical malpractice does not start to run on a minor until her 18th birthday, so waiting is a valid option. Things to consider when deciding whether to wait are how badly you need the money now, how certain you are of the lifetime damages, the likelihood that witnesses will be available when she turns 18, whether you have the medical records you need or will be able to get them when she turns 18 if necessary, and things like that. A local malpractice attorney may be able to do some research for you to see what kind of settlements and verdicts minors in your area are getting to see if that helps you make a decision. That type of thing really requires a full review of your case, plus several hours of research, so that's unfortunately not something we can really evaluate fully through this site. I can say that waiting isn't an obviously bad decision.

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