Michigan Cerebral Palsy Lawyer

A Michigan cerebral palsy lawyer will help if your child suffered brain damage or other injuries due to medical mistakes at childbirth. The consequences of medical negligence relating to birth have profound effects on both the baby and parents. Pursuing all available legal options is the best way to secure a financial future for the family.

Our experienced attorneys understand the lasting impacts on your family and are committed to helping you secure a settlement to support your child’s future needs. We handle cases across Michigan, including Detroit, Ann Arbor, Grand Rapids, and beyond. Call us for a free consultation—there are no fees unless you win.

• What can cause cerebral palsy?
• Types of errors that can cause cerebral palsy
• Legal options for children born with cerebral palsy
• How do you prove a cerebral palsy lawsuit?
• Examples of cerebral palsy settlements

What Causes Cerebral Palsy?

According to the Center for Disease Control and Prevention (CDC), a slight percentage of cerebral palsy is caused by brain damage that arises more than 28 days after birth. This is called acquired cerebral palsy and usually is related to infection—such as meningitis—or a head injury. Most of these problems occur as the baby is developing and growing in the womb, but they can happen at any time during the first 2 years of life, while the baby’s brain is still developing.

Premature infants have a somewhat higher risk of developing cerebral palsy. Cerebral palsy may also occur during early infancy as a result of several conditions, including:

• Bleeding in the brain
• Brain infections
• Head injury
• Infections in the mother during pregnancy
• Severe jaundice

The effects of birth trauma are usually permanent, including brain injury. Brain damage to a newborn will affect the child for a lifetime.

Does Cerebral Palsy Get Worse Over Time?

Parents who have children suffering from cerebral palsy often wonder if it can worsen over time. Because it is a non-progressive health condition, it does not necessarily worsen over time. However, there are some potential health issues and long-term concerns that may become pronounced as the child ages. These long term concerns include, but are not limited to:

• Flexibility and motor control problems that may become more restrictive for a child’s lifestyle
• Problems with eyesight that may make school, driving, and other activities difficult
• Cognitive and learning disabilities that can make schooling difficult to handle
• Disability-related stress that can create significant emotional and behavioral problems

Early Cerebral Palsy Diagnosis Signs

Many times, people acquire cerebral palsy because parts of their brain are injured due to low levels of oxygen—hypoxia—in the area. It is not known why this occurs. Parents may be advised to:

• Know the signs—Although early identification of cerebral palsy symptoms can’t cure or minimize the condition, it can help you identify likely causes of brain damage. Some signs include abnormal muscle tone or movements, imbalanced or delayed development, skeletal deformities, and joint contracture. Seizures are another common symptom, but a symptom shared with a variety of other disorders
• Keep detailed documentation—Keep a journal of prenatal care, doctor visits, and impressions from delivery and baby behavior and development after birth. This will help you stay alert for warning signs, and establish a timeline to help prove your case if a cerebral palsy lawsuit is necessary
• Ask for a copy of the records—Get and keep a copy of all records of your prenatal care, delivery, and post-natal care. The law requires meticulous records of all care provider actions, including decisions that can later be proven to be mistaken
• Identify a cause—In court, your attorney will have to prove a specific act of negligence or improper practice on the part of the doctor, his staff, or the facility where you had your delivery. This is easier to do if you can point to a specific decision or action. Review your memories, journals, and medical records for likely causes of your child’s disability

When diagnosing a baby with CP, common tests that are helpful include a computerized tomography (CT) scan or magnetic resonance imaging (MRI) scan of the child’s brain. Other tests may also be done if a genetic, metabolic, or infectious cause of cerebral palsy is suspected.

In the event that cerebral palsy was due to medical negligence, a lawsuit may be filed to compensate both the child and their parents for these damages. With the help of a Michigan cerebral palsy lawyer, these claims may include significant funds necessary to care for the child throughout his or her lifetime.

How do Doctors Treat Cerebral Palsy?

Usually, individuals with cerebral palsy will need a variety of services to make life livable and gain some measure of independence. Because of this, caring for someone with CP usually carries a significant physical, emotional, and financial burden. The cost of medications, therapy, and lifetime treatments are often expensive, as are adaptive equipment, schooling, transportation, and other necessities.

As mentioned above, there is no known cure for cerebral palsy. However, medications and therapy can help with many of the symptoms, as well as reduce the pain and dysfunction associated with the condition.

Common Medical Errors That Cause Cerebral Palsy

Cerebral palsy can often result from preventable medical mistakes during childbirth. When healthcare providers fail to act according to standard care procedures, the results can be life-altering for both the child and their family. Below are key medical errors that may constitute negligence and serve as grounds for pursuing a claim:

• Failure to Order or Correctly Interpret Prenatal Tests: Missing essential tests or misinterpreting results can prevent early intervention, putting the baby at risk of complications that lead to cerebral palsy.

• Failure to Perform a Timely C-Section: Delaying a cesarean section when signs of fetal distress or labor complications arise, such as a large baby or prolonged labor, can lead to brain injuries from oxygen deprivation.

• Failure to Deliver When Membranes Have Been Ruptured for Over 24 Hours: Delaying delivery after the water has broken increases infection risks, which can result in serious injuries to the baby, including cerebral palsy.

• Improper Monitoring and Response to Fetal Distress: Failing to act on abnormal heart rate or other distress signals can result in prolonged oxygen deprivation, leading to brain damage and cerebral palsy.

• Delayed Response to Complications During Labor: Ignoring critical issues like maternal blood pressure drops or unexpected bleeding can lead to permanent injury, as prompt intervention is often crucial for the baby’s health.

• Failure to Monitor for Jaundice or Hyperbilirubinemia After Birth: Lack of prompt treatment for jaundice can result in kernicterus, a condition that causes brain damage and can lead to cerebral palsy.

• Failure to Refer to a Specialist for Pregnancy Complications: Not referring a high-risk pregnancy to a specialist can increase the likelihood of a traumatic birth, leading to preventable injuries.

• Improper Use of Birth-Assisting Tools: Using excessive force or incorrectly applying forceps or vacuum extractors during delivery can result in brain injuries, increasing the risk of cerebral palsy.

• Neglecting Umbilical Cord Complications: Failing to address issues like cord prolapse or a cord wrapped around the baby’s neck can cause severe oxygen deprivation and lasting injuries.

Because these and other birth injury errors might lead to severe and lasting impacts on a child’s life, it is essential that a parent or guardian understand how the causes of cerebral palsy are demonstrated. To this end, a detail-oriented Michigan injury attorney will work tirelessly to assess the facts of a case and determine if a medical professional is at fault.

What are the Legal Options for Children with Cerebral Palsy?

The government offers many benefits for children diagnosed with cerebral palsy. However, if the condition was caused by medical negligence, parents should consider filing a civil lawsuit to secure compensation from the hospital and medical professionals responsible for the mistakes. Pursuing a claim can help families cover the significant costs associated with long-term care, therapies, and other essential needs.

Here’s how our Michigan cerebral palsy lawyers will guide you through each step of the legal process to ensure you receive the support you deserve:

1. Initial Consultation and Evidence Collection: Start by contacting an experienced Michigan cerebral palsy lawyer. At Buckfire Law, we begin by gathering all prenatal, delivery, and post-birth medical records. This crucial documentation provides the foundation for identifying whether negligence played a role in your child’s condition.

2. Expert Review and Case Evaluation: Our Michigan cerebral palsy lawyers work with top medical experts to evaluate your records. Their insights help us establish if negligence caused the injury and how it may impact your child’s life. After a thorough review, we’ll provide an honest assessment of whether you have a viable case.

3. Notice of Intent to File a Lawsuit: If negligence appears evident, Michigan law requires that we file a Notice of Intent to File a Lawsuit. Our Michigan cerebral palsy lawyers prepare and send this notice to all potentially responsible doctors, hospitals, and medical staff on your behalf.

4. Affidavit of Merit: Michigan malpractice laws also require an Affidavit of Merit to be filed with your lawsuit. This affidavit, signed by an expert physician, outlines the reasons why the medical provider is believed to have been negligent. Our Michigan cerebral palsy lawyers coordinate with our network of qualified medical professionals to obtain this critical document.

5. Filing the Lawsuit and Litigation Process: Once all necessary documents are gathered, our Michigan cerebral palsy lawyers will file the lawsuit in the appropriate Michigan county court. From this point, we manage every step of the litigation process, advocating tirelessly for your family to secure the compensation you deserve.

Navigating a cerebral palsy lawsuit can be complex, but with Buckfire Law’s dedicated Michigan cerebral palsy lawyers by your side, you’ll have a committed team working to ease the legal burdens so you can focus on your family.

How do you Prove a Michigan Cerebral Palsy Lawsuit?

Suing a hospital or doctor in a cerebral palsy lawsuit requires more than just proving that a child has a birth injury. You must prove that the condition was preventable with proper care.

Under Michigan law, the main factors needed to prove a cerebral palsy medical malpractice case are:

• The existence of a doctor-patient relationship (or hospital, urgent care, or clinic)
• That the medical care or treatment provided to the mother during pregnancy or at the time of giving birth was below the acceptable standard of care, including the failure to make a medical diagnosis or provide necessary treatment for a condition, or
• The medical care or treatment provided to the child at or before the time of delivery, or after birth, was below the acceptable standard of care
• That the medical negligence caused cerebral palsy or other harm to the baby
• The child suffered quantifiable harm as a result of the medical malpractice, which would include pain and suffering, disability, loss of future income, loss of enjoyment of life, special educational needs, medical expenses, and other economic harm.

Essentially, a parent can file a birth injury lawsuit if their child has cerebral palsy due to medical negligence during prenatal care, during labor and delivery, or after the baby is born. A birth injury lawyer at our top-rated law firm will review medical records and determine if a birth injury lawsuit can be filed.  If your case is supported by medical experts, we will sue all responsible and negligent medical providers for both you and your child.

Cerebral Palsy Settlements for Children and Their Parents

Many parents must quit their jobs and careers to take care of their child, thereby losing a primary source of family income. Although every parent is legally responsible for providing for their child, the work and effort needed to care for a child with CP is very difficult. As a result, settlements frequently provide compensation to parents to help them with their loss of income and their extraordinary work caring for their child.

The cerebral palsy settlement money for the child, on the other hand, must usually be placed in a trust. This is done for several reasons. First, a special needs trust is necessary to protect the child’s ability to receive government benefits in the future. Furthermore, the trust can also protect the funds from creditors and even fraud.

Second, a structured insurance policy pays the child and parents a pre-determined amount of money every year over the child’s life. The amount of the policy and the payments are determined by the parents with the assistance of their attorney and often a financial adviser.

The amounts are intended to pay for necessary resources for the child, including the annual housing, education, medical expenses, and other needs of the child and family. The parents can often use the settlement money to provide for things that are in the best interests of the child.

The pie chart below shows the percentage breakdown of costs — indirect, direct, and direct non-medical costs — for persons with cerebral palsy. Indirect costs account for approximately 80.6% of all expenses, such as productivity loss due to inability to work, limitation in the amount or type of work, and premature mortality.

Cerebral Palsy Case Study

A cerebral palsy lawsuit was filed on behalf of a child born with cerebral palsy. The mother had gestational diabetes which placed the baby at risk on delivery. The plaintiff alleged that earlier delivery was necessary based upon the mother’s condition and issues noted with the fetal monitoring strips.

The defendant doctor and hospital argued that they complied with the standard of care and were not negligent. They also claimed the child’s condition of cerebral palsy was not caused by medical negligence. After taking numerous depositions, the parties settled for $3,900,000.

Examples of Michigan Cerebral Palsy Settlements

• $16,200,000 settlement in a Michigan cerebral palsy malpractice lawsuit against a hospital for a premature baby
• $12,000,000 settlement for birth trauma causing hypoxic-ischemic electroencephalography (HIE) at a Michigan hospital.
• $7,500,000 settlement in a Michigan cerebral palsy case for not giving a blood transfusion after a C-section and resulted in brain damage to the baby.
• $7,500,000 for a child diagnosed with cerebral palsy caused by a doctor’s medical errors
• $4,500,000 settlement for a premature baby diagnosed with spastic quadriplegic cerebral palsy due to the failure to monitor.
• $4,500,000 for a child that was born with hypoxic-ischemic encephalopathy (HIE) from a lack of oxygen at birth.
• $3,750,000 cerebral palsy settlement for a new-born child who suffered a brain injury from a failure to diagnose a neonatal brain bleed

What are the Time Deadlines for Filing a Michigan Cerebral Palsy Lawsuit?

There are strict time deadlines for filing a cerebral palsy lawsuit in Michigan on the basis of medical malpractice. These deadlines are commonly known as the statute of limitations. For cerebral palsy cases or any other birth injury, the medical malpractice lawsuit must be filed before the child’s 10th birthday. There are no exceptions to this rule.

Delaying action may limit your ability to seek compensation, so contact Buckfire Law’s cerebral palsy lawyer as soon as possible to protect your rights.

No Fee Unless You Win Attorneys

Our Michigan cerebral palsy lawyers charge no legal fees unless you win a settlement and we pay all of the case expenses. There is no risk whatsoever and you will never have to pay any money out of your pocket. You will get our top-rated cerebral palsy attorneys working on your case immediately.

If the case is unsuccessful for any reason, you owe us nothing. We put that in writing for you.

Contact a Michigan Cerebral Palsy Lawyer

If you suspect your child’s cerebral palsy was caused by medical negligence, the Buckfire Law Firm is here to help. Cerebral palsy is a serious condition that impacts your child’s social, academic, and future vocational pursuits, often requiring lifelong treatment and care. Our experienced and award-winning Michigan cerebral palsy lawyers will handle every step of the legal process to pursue the compensation your family deserves.

Let Buckfire Law Firm take on the legal burden so you can focus on what matters most—your family. Contact us today for a free case evaluation. There are no fees unless we secure a settlement for you.

Cerebral Palsy References and Resources

• National Institute of Neurological Disorders and Strokes
• Mayo Clinic
• Centers for Disease Control and Prevention
• Cerebral Palsy Foundation

Legally reviewed by:

Lawrence J. Buckfire, J.D., Lead Trial Attorney at Buckfire Law
Lawrence J. Buckfire, J.D. has over 30 years of experience specializing in personal injury and wrongful death cases. He earned his undergraduate degree from the University of Michigan and attended Wayne State University School of Law. Lawrence has been named a Super Lawyer, U.S. News Best Lawyer, and in The National Trial Lawyers-Top 100 Trial Lawyers.
Date of Review: Nov., 2024