Frequently Asked Questions About Michigan Cerebral Palsy Cases

It is important to contact a Michigan cerebral palsy lawyer if you believe your child suffered an injury at birth or during your pregnancy. The investigation and pursuit of a medical malpractice claim arising from a birth injury is very complicated. It  requires a significant amount of medical and legal knowledge.

Once contacted, our lawyers will get the important medical records and review them.  We will determine if there was medical negligence in the care.   If there is a claim for medical malpractice, we will hire a top medical expert to support the case.

Buckfire Law handles cerebral palsy cases under our No Fee Promise. This means there is no cost to hire a lawyer. Rather, we only earn a fee if there is a settlement payout at the end of the case. We pay all of the case costs and expenses. If there is no settlement or recovery in the case, you owe us nothing. We put it in writing for you.

A child with cerebral palsy has until his or her 10th birthday in which to bring a medical malpractice lawsuit in Michigan. If the child is over the age of 8 years old when the alleged malpractice occurred, he or she would have the same statute of limitations as an adult which is two years from the date of alleged malpractice or six months from when he or she discovers or should have discovered the potential claim, whichever is later. However, there are certain circumstances where mental incapacity may allow a child with cerebral palsy to bring a lawsuit even after the age of 10.

Although there are many causes for cerebral palsy, a commonly investigated cause is a medical mistake at or around the time of birth.  Medical malpractice is a cause of cerebral palsy and provides the basis for bringing a cerebral palsy lawsuit.

If a baby goes without oxygen for any extended period of time during the labor and delivery period, the child can sustain brain damage that results in cerebral palsy.

If a physician or nurse fails to recognize the signs that a baby is not doing well while in the mother’s uterus and does not deliver the baby soon enough, a lack of oxygen to the baby’s brain can cause cerebral palsy.

Thus, if your child has cerebral palsy and you believe something went wrong at or around the time of birth, it is important that you contact our Michigan cerebral palsy attorneys to investigate the cause of the condition.

If your child wins a settlement, the funds can be used to help your child and the family. Compensation payouts are often used to purchase medical equipment necessary to accommodate the special needs of the child.  Funds are also used for home and vehicle modifications to allow additional freedom and mobility for your child.

Additionally, the settlement funds are used for occupational, physical, and speech therapy not currently being provided through the school system. Finally, money can be used to provide housing and other necessary living essentials to your child when reaching adulthood and you can no longer provide parental supervision and care.

The settlement money is generally designated for the child.  However, many settlements include payments to the parents as well.  Many parents quit their jobs and make other financial sacrifices to care for their child, so money is paid to them as part of the settlement.

There is no set time frame for a case. After a lawsuit is filed, the judge will set a scheduling order setting forth the expected timeline for the case.  However, quite often the dates will be extended by the court if more time is needed by the parties.

The Michigan Supreme Court made a rule requiring that all cases in litigation be completed within two years of the filing date.  Trial court judges work hard to meet this requirement.  As such, most cases either go to trial or end with a settlement in less than two years.  Some finish must faster.

Over 90% of all cases settle out of court.  This means that the sides agree to a compensation payout amount before going to a judge or jury trial.  Quite often, a mediator or facilitator will work with the parties to reach a settlement.

There is no set guideline to determine a cerebral palsy compensation payout.  Settlements are based on the individual factors of each case.  This is because every child and every case has its own unique circumstances.

Compensation payouts are determined by a number of factors.  These include the degree of negligence by the doctors and hospital. Another factor is the severity of the condition and the special needs of the child.  Finally, the long-term prognosis of the child is important.

The settlement amount will be based in large part on the medical, educational, and housing costs of the child over a lifetime.  Parents want to be assured that the finances will be available to care for their child even after they are gone.

A life care planner and economist are hired to project these expenses for the life of the child.  Our attorneys use the financial analysis in our settlement demand.