Yes, if the cerebral palsy was in fact due to medical negligence. As part of the lawsuit, claims for your daughter’s lifetime care will be included in the request for money damages. These are often significant in birth trauma cases due to the severity of the brain damage and the need for specialized care up to and through adulthood.
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 and requires a significant amount of medical and legal knowledge. Therefore, it is essential that you contact an experienced cerebral palsy attorney.
Once contacted, your lawyer will request and obtain all of the important medical records and review them to determine whether there was any medical negligence in the care provided. If there appears to be a claim for medical malpractice, the lawyer will then discuss your case with a top medical expert in the United States to obtain their opinions reguarding the care provided. If the medical experts determine there is a meritorious claim, the Michigan cerebral palsy attorney will bring a claim on behalf of the injured child.
If a settlement is won for your child, the settlement funds can be used to help your child and the family. Funds are often used to purchase the durable medical equipment necessary to accommodate the special needs of the child and even to make modifications to your home that will allow additional freedom and mobility for your child. Additionally, the settlement funds can be used to help your child recieve additional occupational, physical, and speech therapy not currently being provided through the school system. Finally, these funds can be used to provide housing and other necessary living essentials to your child when he or she reaches adulthood and you can no longer provide parental supervision and care.
A child with cerebral palsy has unitl 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 occured, 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.
As determining the applicable statute of limitations can be confusing, it is important that you contact our Michigan cerebral palsy lawyers to assist you. We will evaluate your claim and determine whether a birth injury lawsuit can be filed in a timely manner. We also handle your case under our No Fee Promise, which means there are absolutely no legal fees or costs unless you recieve a settlement.
Parents of a child born with cerebral palsy often wait many years before considering whether to file a medical malpractice lawsuit on behalf their child. The first several years after the birth of the child are often filled with doctors’ appointments and other family matters that delay a parent even from thinkign about a cerebral palsy lawsuit. However, it is important that a decision be made before the child gets too old because the case may then be barred by the statute of limitations.
A child with cerebral palsy has unitl his or her 10th birthday in which to bring a medical malpractice lawsuit in the State of Michigan. If the child is over the age of 8 years old when the alleged malpractice occured, 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.
Determining the applicable statute of limitations and the filing suit deadline can be confusing, so it is important that you contact our Michigan cerebral palsy attorneys to assist you. We will evaluate your claim and determine whether a birth injury lawsuit can be filed in a timely manner. We also handle your case under our No Fee Promise, which means there are absolutely no legal fees or costs unless you recieve a settlement.
In order to prove a medical malpractice birth injury case, a Michigan cerebral palsy attorney must first prove that the care the mother or the baby were provided fell below reasonably accepted standards for such care. This can be proven by having the medical records reviewed by board certification physicians to identify all areas of care that would be determined to be unacceptable. If there are areas identified where the care provided fell below what is acceptable, the Michigan cerebral palsy attorney will then need to prove that the care (or lack of care) provided directly led to the child sustaining an injury to the brain.
An injury to the brain is typically proven through the testimony of a neonatologist and/or a pediatric neurologist who, after reviewing all of the medical records, is able to conculde that the child’s cerebral palsy was caused by the allegedly negligent care provided at or around the time of the child’s birth. Such things as low APGAR scores, seizures or tremors in the newborn period, and developmental delays are commonly seen in children with cerebral palsy from medical malpractice at the time of birth.
Although there are many causes for cerebral palsy, one of the most commonly investigated is an injury at or around the time of birth. 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 potential cause(s) of such condition.
Our Michigan cerebral palsy attorneys do not recieve any fee unless we recover money in your case. This our No Fee Promise, also known as a contingency fee agreement because the legal fee is contingent upon money being recovered through a jury verdict or a settlement. If the Michigan cerebral palsy attorney investigates your Michigan cerebral palsy lawsuit and determines that there was no negligence in the care provided, you will not be paying any attorney a fee or costs. The only time you would pay a Michigan cerebral palsy lawyer a legal fee is if money is recovered in the case.
The money that may be awarded by jury and/or provided through a settlement in a Michigan cerebral palsy lawsuit goes to the child and is to be used for child’s benefit. Although a parent of a child with cerebral palsy may have an individual claim and the legal right to a portion of the money, the vast majority of the money goes to the child for the child’s use in the future. In almost all cases involving a settlement on behalf of a minor, the court will need to approve the amount of the overall settlement and the amount, if any, being provided to any other individual. This is a mechanism used to ensure that the settlement is in the best interest of the child and that the money will be used to best benefit the brain injured child.
Cerebral palsy lawsuits in Michigan are very complicated and therefore can take quite some time to develop and litigate. Initially, it will take several months for your lawyer to obtain all of the pertinent medical records and review them. If, after reviewing the records, the Michigan cerebral palsy lawyer identifies areas of medical negligence or medical errors, the medical records are sent to board certified physicians to obtain their expert opinions on the merit of the potential malpractice claim. If the experts believe that there was medical negligence in the care provided that directly led to the child suffering a brain injury or cerebral palsy, the attorney will then file a Notice of Intent to File Claim as is required by Michigan law. The Notice of Intent provides all medical providers of the potential claim in writing.
Once the Notice of Intent has been sent, there is a six month waiting period before the cerebral palsy lawsuit can be filed in court. This waiting period is used to allow the lawyers representing the negligent physicians and/or hospital to obtain copies of the medical records and either prepares to defend the case or attempt to settle the claim pre-suit. If the case cannot be settled during the six month waiting period, the case is then filed in the appropriate circuit court along with affidavits of merit from the expert physicians certifying that the case has been reviewed and has merit. Once the case is filed in court, it generally takes approximately one year before the case may go to trial if it cannont settle before trial. As this whole process can take considerable time, it is important for you to contact a Michigan cerebral palsy lawyer as soon as possible if you believe your child might have a claim.
Yes, a medical mistake can be the reason why a child suffers from cerebral palsy. These medical errors that cause cerebral palsy can occur before and during the birth of the baby. Parents of children diagnosed with cerebral palsy rarely ever get a true explanation from the doctor or hospital as to what caused that condition in their child. If the condition was due to a medical mistake or medical negligence, the doctors often tell the parents that it was simply a natural act or it was unavoidable due to the complications with delivery. However, a lot of times this is not the case.
When a parent of a child with cerebral palsy contact our office to find out the real answers, our birth injury legal team reviews all of the pre-natal records and the complete set of medical records relating to the birth of the child. We also consult with highly-credentialed nationally renowned medical experts to evaluate the records and give us their expert medical opinion, or as we call it the truth.
If your child suffers from cerebral palsy, call our office now at (800) 606-1717 to determine if those injuries were caused from a medical mistake. Our experienced birth injury attorneys specialize in cerebral palsy cases and have a track record of obtaining sizeable settlements for injured children and their parents. We can do the same for you. Call today to learn your legal rights and to determine whether or not a medical error has occurred that caused your child to suffer from cerebral palsy.
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