If your child has a cerebral palsy diagnosis, you may be able to pursue damages in a birth injury case. If a medical expert can help you prove that your child’s brain injury occurred as a result of medical negligence, you may be able to seek damages and hold the healthcare provider or medical facility responsible.
A cerebral palsy attorney in Ann Arbor can review your birth injury case for free. You may be eligible for financial recovery based on your child’s condition and the injury that they suffered just before, during, or after birth.
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Causes and Symptoms of Cerebral Palsy
Cerebral palsy occurs because of a brain injury before, during, or just after birth. It is often preventable if doctors and other care providers minimize the risk factors and provide an acceptable standard of care. Doctors diagnose cerebral palsy in about one to two of every 1,000 babies and in about 15 out of every 100 premature babies.
It may occur due to oxygen deprivation just before or during delivery, infections in the mother or the infant before birth or shortly after, or other factors closely linked with premature infants with very low birth weight. Causes and risk factors of cerebral palsy include brain damage within 28 days after birth, an infection, or head injury.
Cerebral palsy is a term used to describe the muscle movement impairments that occur when there is damage to the motor areas of the brain. Some highly affected children may receive an earlier diagnosis.
Children with only mild symptoms may not receive a diagnosis until much later in life. Doctors and parents generally raise concerns about motor development, which would prompt a cerebral palsy diagnosis around the time children normally learn to walk.
As an infant grows into a toddler, they develop numerous skills that require muscle tone, motor skills, and coordination. If their muscles are too stiff or weak, or if there are other concerns, your doctor may suspect cerebral palsy.
Cerebral Palsy Treatments
If you suspect your child may have cerebral palsy, raise your concerns to their doctor. If tests result in a diagnosis, your child can begin treatment right away. This may include:
- Physical therapy
- Occupational therapy
- Speech therapy
- Surgery, in some cases
These treatments can help your child keep up with their peers and reach their potential. In addition, it will give their doctor the opportunity to identify any co-occurring conditions caused by damage to other areas of the brain. This may include vision and hearing concerns, epilepsy, behavioral issues, and more.
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Damages Recoverable in a Birth Injury Claim in Ann Arbor
If your child sustained a preventable birth injury in Ann Arbor or elsewhere in Washtenaw County, you may be able to pursue compensation to cover the economic and noneconomic damages your family endured, and will continue to endure, as a result. This could include:
- Current and future medical monitoring, treatment, and care
- Current and ongoing physical, occupational, and speech therapies
- Prescription medications
- Adaptive and mobility equipment as recommended by doctors and therapists
- Out-of-pocket costs related to their condition or therapy
- Pain and suffering damages
- Mental anguish
As part of building a case for compensation, your cerebral palsy lawyer in Ann Arbor can help you put a value on future and ongoing care needs as well as noneconomic losses. Medical experts may play a significant role in this process.
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Evidence Required to Pursue Damages in an Ann Arbor Cerebral Palsy Case
If there is evidence to support medical negligence playing a role in your child’s brain injury and cerebral palsy diagnosis, your Ann Arbor cerebral palsy attorney will help you gather evidence to support your case and file a claim or take the case to court. This evidence may include:
- Any documentation of your child’s birth and the events before and after, such as the mother’s medical records and related material
- Your child’s medical records
- Medical expert witness testimony
- Receipts, bills, and other documentation of your expenses
It is not always easy to recover compensation in a birth injury case, so it helps to have a qualified and experienced legal team on your side to collect the necessary proof because your family deserves justice.
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There Are Deadlines That Might Apply in Your Case
Each state has its own statute of limitations and rules that apply when it comes to birth injury cases. In the state of Michigan, you have two years from the date your family should have reasonably discovered the presence of medical negligence to file a claim.
This time limit can change because of any additional circumstances that are affecting your case. You will want to discuss your case with a birth injury attorney who knows the applicable laws of Michigan Statute §600.5805, can explain deadlines, and make sure your claim is filed within a timely manner.
How Ann Arbor Cerebral Palsy Lawyers Can Prove Medical Negligence
In order to prove medical negligence, there are a few things that need to be established.
- There needs to have been a relationship between the doctor or nurse and the patient.
- There was an underlined duty of care meaning they signed on to take medical responsibility for you and your baby.
- The standard of care is based on the expertise the medical profession has and that their actions will be in your best interest.
- Your lawyer will document the link between your child’s birth injury and their negligent actions as well as list what specific harm your baby and family have faced.
Your doctors, nurses, and the hospitals that employ them owed you and your child a reasonable right to safe care. A cerebral palsy lawyer in Ann Arbor will help you pinpoint any part where they fell short of this responsibility.
What Ann Arbor Cerebral Palsy Lawyers Can Do for Your Family
As you focus on your child’s condition and their rehabilitation, a cerebral palsy attorney in Ann Arbor will handle the legal side of things. This includes:
- Filing your claim
- Negotiating with insurance companies
- Offering legal advice
- Completing all paperwork and communications
- Assigning a monetary value to your damages
Many lawyers operate on a contingency fee basis because families deserve justice and help when their rights have been violated, not just when they can afford it. No upfront costs are required, and your legal team will only get paid if your case is won.
Medical Errors Can Cause Cerebral Palsy
Many errors can be made during pregnancy, birth, and in the moments in the hospital just after delivery that may cause cerebral palsy. These unfortunate mistakes could possibly have been prevented. Some instances of medical error include:
- A child suffering from birth asphyxia in the womb or during delivery. This can occur because of a prolapsed umbilical cord or breech birth.
- An infant suffering damage to their brain and nervous system.
- Infection setting in the mother, child, or both. This could be due to inadequate care, the use of unsterile equipment, or other foreseeable dangers.
- The mother or child was exposed to toxic substances.
- Either the mother or the baby was in excessive distress.
An error in either judgment or inaction on behalf of somebody involved in your hospital care could be responsible for these causes of your child’s condition. A birth injury attorney will help you identify negligence and include them in your case for compensation.
Talk to an Ann Arbor Cerebral Palsy Attorney
The Birth Injury Lawyers Group is here to review your Ann Arbor cerebral palsy claim. You may have a compelling case to pursue compensation based on your child’s birth injury and lasting limitations. You could be eligible to recover damages that will pay for your child’s current and future treatment and care. An Ann Arbor cerebral palsy attorney will protect your rights, if hired.
Call our office today to discuss your options. We can answer your questions and help you understand your right to hold the negligent party or parties responsible and seek financial recovery.